The Ministerial Instructions (MIs) do not apply to Permanent Resident (PR) applications if the authorities have provided an exemption to the principal applicant and the accompanying family members from the requirement of having to obtain a Temporary Resident Visa (TRV). It is worth noting that the Ministerial Instructions (MIs) would not apply to individuals even if they come from visa-required countries if the principal applicant and the accompanying family members are in-Canada with a valid temporary resident status.
Situations could arise where all the members of an Economic or Family Class application do not reside together in the same physical location. This is especially so in the case of overseas dependents of in-Canada applicants. In this scenario, officers would need to assess the application based on the principal applicant and the accompanying family members. The officers would not process the application for the entire family if:
- The application is new and,
- The Ministerial Instructions (MIs) describe the principal applicant or any accompanying family member
In case, the officers are dealing with an existing application, they can process the application, but not approve it. For more details on this, they would need to read the section titled What to do if the applicant is described in the Ministerial Instructions (MIs).
Similarly, situations could arise where the principal applicant has non-accompanying family members described in the Ministerial Instructions (MIs). This would typically happen if the family members reside in one of the Ebola Affected Countries (EAC). In this scenario, the officers would need to continue processing the application of the principal applicant and any accompanying family members.
The officers would need to examine the permanent resident application and all systems thoroughly before issuing permanent resident visas. This would enable them to obtain any information indicating that the principal applicant or any accompanying family member has resided in, traveled to or transited through one of the Ebola Affected Countries (EAC) within the three months prior to the issuance of the permanent resident visa. In this scenario, officers would not be able to process the application. For more details on this, they would need to read the section titled What to do if the applicant is described in the Ministerial Instructions (MIs).
The Ministerial Instructions (MIs) do not apply to sponsorships. Therefore, officers would need to assess the application for permanent residence against the Ministerial Instructions (MIs) when they determine the sponsor’s eligibility. Officers would need to send letter D to the sponsor regardless of whether:
- The sponsor meets the eligibility requirements and,
- The Ministerial Instructions (MIs) describe the principal applicant or any accompanying family member
By sending this letter to the sponsor, the officer gives the sponsor the option of withdrawing the sponsorship.
If the sponsor withdraws, the officers would need to withdraw the application according to normal procedures. In addition, they would need to refund all the processing fees. If the sponsor decides not to withdraw, the officers would need to forward the application for permanent residence for processing according to regular procedures. Once the application for permanent residence reaches the front of the inventory, they would need to assess it again against the Ministerial Instructions (MIs). If they find that the Ministerial Instructions (MIs) still describe the applicant or any accompanying family members, they should not process the application. For more details on this, they would need to read the section titled What to do if the applicant is described in the Ministerial Instructions (MIs).
Prior to issuing the permanent resident visas, the office printing the visa would need to assess the applicants against the Ministerial Instructions (MIs) to ascertain that the Ministerial Instructions (MIs) describe the applicant. For this, they would need to examine the sections on intent to travel and actual travel. In particular, officers would need to verify whether the applicant’s travel documents (e.g. passports) have any stamps that indicate whether the Ministerial Instructions (MIs) describe the applicant under the first or second criteria. The authorities have specified this in the document titled Determining if the applicant is described in the Ministerial Instructions (MIs)’. Officers would need to ensure that they do not proactively request passports from applicants who do not need a visa.
Source: Citizenship and Immigration
