Temporary Residence
Officers would need to carry out certain activities, once they determine that the Ministerial Instructions (MIs) describe an applicant. Therefore, they would need to:
- Cancel the application in the Global Case Management System (GCMS) or the Field Operations Support System (FOSS)
- Send Letter A to the applicant and,
- Retain the application for a period of two years
In some cases, the situation might be that the application is already in process. In this scenario, the officers would need to:
- Make copies of the documents provided by the applicants
- Keep these copies on file
- Return the original documents to the applicant and,
- Keep the file in accordance with the standard retention and disposition schedules prescribed for a refused Temporary Residence (TR) file
The officers would also need to return or refund the fees for cancelled applications under these Ministerial Instructions (MIs), as appropriate.
Permanent Residence: New Applications
The intake office would need to cancel certain applications in the Global Case Management System (GCMS) or the Field Operations Support System (FOSS). They would do this if they determine that the Ministerial Instructions (MIs) describe any member of the family.
In this scenario, the officers would send Letter A to the applicant. Thereafter, they would need to retain the application for a period of two years. The officers would also need to return or refund the fees for cancelled applications under these Ministerial Instructions (MIs), as appropriate.
Permanent Residence: Existing Applications
Situations could arise where the officers determine that the Ministerial Instructions (MIs) describe any member of the family. In this scenario, the officers have the authority to process the application up to a point, where the authorities would make a final decision. Therefore, the officers would not need to return the fees to the applicant.
If the decision appears to be an approval, the officers would need to:
- Put the application on hold
- Send Letter B to the applicant
- Request that the applicant provide the following information for each family member:
- Documentary evidence of when the family members resided in an Ebola Affected Country (EAC)
- Documentary evidence of when the family members left the Ebola Affected Country (EAC) and,
- Documentary evidence of where the family members have resided since leaving the Ebola Affected Country (EAC)
- However, officers would only follow this course of action if the applicant subsequently contacts the CIC and indicates that they have not resided in an Ebola Affected Country (EAC) for more than three months
- If the officer is satisfied that the applicant has not lived in an Ebola Affected Country (EAC) for more than three months:
- The officer would approve the application in accordance with the existing procedures
- If the officer is not entirely satisfied that the applicant has not lived in an Ebola Affected Country (EAC) for more than three months:
- The officer would continue to keep the application on hold
Officers would need to follow the procedures given above at any point in the processing stage. This is particularly applicable before the authorities send the visas physically to the applicant. Officers have the authority to cancel a visa counterfoil in a passport. However, they can only do this if they come across new information that indicates that the Ministerial Instructions (MIs) describe the applicant. In this scenario, the officers can place the application on hold.
In some situations, the decision might appear to be a refusal. In this scenario, the officers can refuse the application in accordance with their regular procedures.
Approved Permanent Resident Visa Applications but Control Documents Not Yet Issued
The officers would need to assess certain applicants again to see if the Ministerial Instructions (MIs) describe the applicants. They would do this for:
- All applications to which the Ministerial Instructions (MIs) apply and,
- All applications where the authorities have rendered a favourable decision, but have not yet issued a control document i.e. the permanent resident visa
Prior to issuing a control document, the officers would need to verify the applicant’s travel document i.e. passport. In particular, they would need to check whether the applicant’s travel document bears any stamps that suggest that the applicant might have travelled to an Ebola Affected Country (EAC).
The officers might come across certain applicants who do not require a visa. In this scenario, the officers should not request for passports from these applicants proactively.
The officers would also need to look for any information that indicates that the applicant:
- Has resided in Ebola Affected Countries (EAC) during the last three months prior to making the final decision
- Has travelled to Ebola Affected Countries (EAC) during the last three months prior to making the final decision and,
- Has transited through Ebola Affected Countries (EAC) during the last three months prior to making the final decision
If they find these indications, the officers can conclude that the Ministerial Instructions (MIs) describe the applicant. Therefore, in this scenario, the officers would place the application on hold.
Source: Citizenship and Immigration
