Aug 28, 2017 – This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada (IRCC) staff. The authorities have posted this information on the Department’s website as a courtesy to all stakeholders.
The Processing and Fee Collection Guidelines Resulting from the Fee Changes Based on the Provisions Specified in R179, R181, R196, R213, R296 (1), R296 (3), R299 (1), R300 (1) and R305 (1) that Came into Effect on February 06, 2014
This page provides information pertaining to the changes made to the processing fees for certain Temporary Residence (TR) applications. It also provides details on the associated operational procedures.
One of the objectives of Citizenship and Immigration Canada (CIC) is to continue to promote the issuance of long-term Multiple Entry Visas (MEVs). This will be useful for facilitating the entry into Canada for legitimate travellers. The authorities expect that all applicants who are eligible for a Multiple Entry Visa (MEV) will benefit from this move and receive a Multiple Entry Visa (MEV). This also applies to applicants who select Single Entry Visa (SEV) on their application forms.
It is worth mentioning that not all applicants will be eligible for a Multiple Entry Visa (MEV). As such, the decision to issue a Multiple Entry Visa (MEV) remains at the discretion of an officer of Citizenship and Immigration Canada (CIC). In some cases, the officers could issue a Single Entry Visa (SEV) such as in cases where:
- An applicant is eligible for a fee exemption and where the purpose of entry to Canada is limited e.g. for an official visit by a foreign national
- An applicant is participating in a one-time special event in Canada e.g. the Pan-American Games or,
- Citizenship and Immigration Canada (CIC) – National Headquarters (NHQ) has put in place and approved country specific procedures or guidelines
Situations could arise where an officer decides to issue a Single Entry Visa (SEV). In this scenario, the officers will need to enter the reasons for doing so in the case notes. The authorities require officers to be aware that the issuance of a Multiple Entry Visa (MEV) is currently the standard. Thus, any issuance of a Single Entry Visa (SEV) will require an explanation. For more details on this, refer to the section titled ‘The General Guidelines for Note Taking’ that appears subsequently in this document.
Note:
- The authorities plan to make the relevant updates to section 12 of chapter 11 of the Overseas Processing Manual i.e. OP 11 to reflect the updated guidelines
The Type of Application | The Current Fee | The New Fees (With Effect from February 06, 2014) | The Regulatory Provision |
Single Entry Visa (SEV) | $75 | $100 | R296 (1) |
Multiple Entry Visa (MEV) | $150 | ||
Family Rate | $400 | $500 | R296 (3) |
Work Permit | $150 | $155 | R299 (1) |
Work Permit for a Group of Performing Artists and their Staff (Three or More Persons) | $450 | $465 | R299 (3) |
Study Permit | $125 | $150 | R300 (1) |
Visitor Status Extension | $75 | $100 | R305 (1) |
The submission of electronic applications and payments takes place simultaneously. As such, officers will need to inform clients at the end of the MyCIC process of the correct processing fees that the clients will need to pay.
Note:
- Situations could arise where applicants began the application process and did not complete it prior to February 06, 2014 (0001 hrs EST)
- In this scenario, the system would typically quote the former processing fee to these clients
- If these clients submit their final application on or after February 06, 2014 (0001 hrs EST), the system will prompt them to pay the new processing fee in their MyCIC accounts
- Officers will need to process all completed applications received at a visa office or a Visa Application Centre (VAC) prior to February 06, 2014 (0001 hrs EST) using the former processing fees
- In addition, the officers will not need to refund the difference of $50 between the former and the new fees for Multiple Entry Visa (MEV) applications received prior to February 06, 2014 (0001 hrs EST)
- Officers will need to process complete applications postmarked prior to February 06, 2014 (0001 hrs EST) but received at a visa office or a Visa Application Centre (VAC) on or after February 05, 2014 (0001 hrs EST) using the former processing fees
- Officers will need to ensure that applicants pay the new processing fees on all other completed applications received at a visa office or a Visa Application Centre (VAC) and postmarked on or after February 06, 2014 (0001 hrs EST)
- Situations could arise where officers come across applications with insufficient fees
- In this scenario, officers will need to return applications with insufficient fees to clients as incomplete
- This directive applies even if the proof of payment bears a date prior to February 06, 2014
- The authorities offer clients the option of either resubmitting their applications with the correct fees or applying for a refund of the incorrect fees
- Officers will need to accept applications having a proof of payment for the former Multiple Entry Visa (MEV) fees dated prior to February 06, 2014 (0001 hrs EST), but which the officers otherwise deem as being complete and received by a visa office or a Visa Application Centre (VAC) on or after February 06, 2014 (0001 hrs EST) for processing
- The visa office will typically process the application completion
- In addition, it will initiate a refund process for the $50 Multiple Entry Visa (MEV) fee difference based on regular procedures
- Officers will need to process completed applications received at a Case Processing Centre (CPC) prior to February 06, 2014 (0001 hrs EST) using the former processing fees
- Officers will need to process completed applications postmarked prior to February 06, 2014 (0001 hrs EST) but received at a Case Processing Centre (CPC) on or after February 06, 2014 (0001 hrs EST) using the former processing fees
- All other complete applications postmarked or received at a Case Processing Centre (CPC) on or after February 06, 2014 (0001 hrs EST) will remain subject to the new processing fees
- This directive applies even if the proof of payment bears a date prior to February 06, 2014 (0001 hrs EST)
- Officers will need to return applications with insufficient fees to the applicant as incomplete
- The Case Processing Centre (CPC) will need to notify such applicants of the reasons for the return of the application, so that the applicants can resubmit a new application with the corresponding new fees
- Situations could arise where some applicants might lose their implied status
- If the applicants lose their implied status, they will lose the related benefits of being able to continue working with the same employer and / or studying as well
- In this scenario, these applicants will need to apply and pay the fee of $200 for the restoration of status
- Citizenship and Immigration Canada (CIC) continues to recommend that applicants seeking the renewal of their status inside Canada apply at least 30 days prior to the expiration of their current status
- The authorities have placed the onus on the applicant to ensure that they maintain their immigration status in Canada
- To maintain their immigration status in Canada, applicants will need to complete any immigration application they submit and pay the appropriate processing fees
The authorities are cognisant of the fact that these fee changes will affect their information technology systems. To streamline things, the authorities have modified their information technology systems to reflect the revised fee structure. Thus, the authorities have made the necessary modifications to:
- MyCIC
- The Global Case Management System (GCMS)
- The Come to Canada wizard for online applications and,
- The online payment system i.e. ePayment
All the necessary changes will come into effect on the above-mentioned systems with effect from February 06, 2014 (0001 hrs EST).
What Considerations Would Officers Need to Account for When They Assess Authorisation to Return to Canada (ARC) Applications?
Officers of Immigration, Refugees and Citizenship Canada (IRCC) will typically need to assess A34, A35 and A37 applications. While doing so, they will need to consult the National Security Division of the Canada Border Services Agency (CBSA).
Situations could arise where the officers find that an applicant is inadmissible on grounds other than those cited in the previous removal order i.e. medical, criminality, security etc. In this scenario, the applicants will need to apply for and obtain a Temporary Resident Permit (TRP). In cases of criminal inadmissibility, the applicant will need to obtain a rehabilitation decision (where the authorities deem the applicant to have been rehabilitated) or a pardon (a foreign pardon or one issued by the National Parole Board) as well. However, it is worth highlighting that a Temporary Resident Permit (TRP) will not overcome the need for an Authorisation to Return to Canada (ARC).
The authorities can grant an Authorisation to Return to Canada (ARC) for return to Canada as a permanent resident, for a one-time visit or for occasional entries for a specified purpose e.g. medical treatments, work-related activities etc. over a prescribed span of time.
In some cases, officers might find that some applicants require an Authorisation to Return to Canada (ARC) but have no submitted the relevant fees. In this scenario, the officers will need to send letters explaining the requirement for an Authorisation to Return to Canada (ARC). If the applicants do not respond within 90 days, the officers could refuse the application. This is in accordance with the provisions specified in section A41 and subsection A52 (1). Appendix G contains a sample letter that officers could use in such cases.
Situations could arise where the Department has defrayed the expenses of multiple removals. In this scenario, the Department will need to recover the entire amount of removal-related expenses. The cost recovery fee applies to each application.The authorities permit people who have rights of appeal before the Immigration Appeal Division (IAD) to appeal a negative Authorisation to Return to Canada (ARC) decision to the Immigration Appeal Division (IAD). This is in accordance with the provisions specified in section A63.
There is currently no provision that permits members of the permit holder class to include family members on their applications for permanent residence. As such, there is no involvement of visa offices in the processing of such family members.
At the time of their original entry into Canada, members of the permit holder class are inadmissible under any of the grounds for inadmissibility described in the provisions of A33 to A43, barring A34, A35, A36 (1) and A37 (1). As such, their family members are also inadmissible on the grounds of being accompanying family members of a foreign national who is inadmissible or having an accompanying family member who is inadmissible.
As a result, accompanying family members will need their own permits for entering Canada. In order for the authorities to consider these individuals for permanent residence, such individuals will need to submit their own applications under the permit holder class as principal applicants (PAs).
Once a member of the permit holder class has attained permanent resident status, this individual will be able to sponsor family members living abroad who are eligible for membership in the family class.
For more details, officers will need to refer to sections 5.18 and 5.19 of OP 20 and sections 5.18, 5.19 and section 21 (in its entirety) of IP 01.
Concurrent processing applies to this class.
This section refers to family members of protected persons to whom officers have issued a Temporary Resident Permit (TRP) to proceed to Canada on an emergency basis because they are at risk. Thereafter, the officers will process people having Temporary Resident Permits (TRPs) to proceed to Canada as protected temporary residents in the protected temporary residents class. In addition, the Case Processing Centre in Vegreville (CPC-V) will code these individuals as PTR. This denotes that the officers will process the family members of these people living abroad in:
- The same way as family members of protected persons i.e. DR2 family members if the authorities are aware of their whereabouts (refer to the section titled ‘The Procedures Pertaining to Family Members of Protected Persons i.e. DR2s’ i.e. section 10 of OP 24 or,
- The manner of One-Year Window of Opportunity (OYW) applicants, in case their whereabouts are unknown
- It is worth mentioning that the one-year period will commence as soon as the authorities confer refugee protection on the principal applicant (PA)
- This is in accordance with the provisions specified in R141 (1) (b)
- It is worth highlighting that protected temporary residents are not the same as members of the permit holder class
- For more details on this, refer to the section titled ‘The Procedures Pertaining to the Family Members of Temporary Resident Permit (TRP) Holders’ that appears subsequently in this document i.e. section 14 of OP 24
The authorities require that case notes reflect the fact that the officers have considered the totality of the evidence.
The authorities require that the Global Case Management System (GCMS) notes represent a complete record of all the action that officers have taken in a particular case. To the greatest extent possible, officers will need to ensure that there is no information that appears only on the paper file. Thus, any notes that appear in the Global Case Management System (GCMS) will need to be accurate. In addition, these notes will need to be consistent with everything that appears in the paper file. Lastly, the notes entered in the Global Case Management System (GCMS) should not undermine or contradict the written decision.
The authorities permit officers to use point form in most cases. However, on occasions, it might be necessary for the officers to prepare more detailed notes. Some examples of situations that might require more complete notes include cases that feature:
- Strong reactions by the applicant at the interview
- Interference from others present at the interview and,
- Issues that are crucial to the decision, which the officers consider particularly important
- Be clear and concise
- This will involve using common language and avoiding jargon
- This will involve using complete words and,
- This will involve avoiding extraneous comments
- Be objective
- This will involve recoding the facts
- This will involve avoiding the recording of opinions or the interpretations of the facts
- Organise notes with explanatory headings so that the readers can follow the case history easily
- The examples of explanatory headings include:
- Paper file review
- Representation
- Interview
- Pending or outstanding information and,
- Decision
- The examples of explanatory headings include:
- Record notes at the first available opportunity
- This will involve recording notes after any interaction with the client (whether by phone or in person) to ensure that the notes are both clear and accurate
- This will involve doing revisions as soon as possible (when required)
- Record the interview
- This will involve specifying the start and finish times
- This will involve indicating the people present at the interview
- This will involve including the name of the interpreter and their relationship to the applicant, along with the language of interpretation and the instructions given to the interpreter (in cases where an interpreter was present at the interview)
- This will involve making clear which person said what during the interview
- This will involve pointing out the tone of the interview – including indicating whether the applicant was angry or upset)
- This will involve recording whether the interviewing officer left the office during the interview and providing the appropriate explanation
- Ensure that the notes are complete
- This will involve ensuring that the notes include a summary of the communication and correspondence
- This will involve ensuring that the notes contain the contents of all non-routine correspondence and / or the form number of the routine correspondence sent
- This will involve ensuring that the notes contain the date on which the officers added the note to the file and the note-taker’s initials
Source: Immigration, Refugees and Citizenship Canada (IRCC)