ARCHIVED – Operational Bulletin 479-B - November 29, 2012

Temporary Public Policy to Facilitate Permanent Residence for Certain Persons whose Federal Skilled Worker Applicants was terminated: Actions Required of Inland Offices

Summary

This Operational Bulletin provides instructions to visa offices and inland offices on the actions required to facilitate the granting of permanent residence for persons whose Federal Skilled Worker (FSW) application was terminated and to whom permanent resident visas were issued in error. Specifically, this OB provides instructions for situations where the persons affected have already used the visas and were erroneously admitted to Canada as permanent residents.

Background

The Jobs, Growth and Long-term Prosperity Act became law on June 29, 2012. Under this legislation, Federal Skilled Worker (FSW) applications that were made before February 27, 2008 were terminated by operation of law if a decision based on FSW program selection criteria had not been made by an immigration officer before March 29, 2012.

However, despite being terminated by operation of law, a number of cases were finalized and visas were issued in error. These visas are void. Furthermore, persons who became permanent residents based on these invalid visas are considered not to have obtained permanent resident status.

In view of the exceptional circumstances, and pursuant to his authority under section 25.2 of the Immigration and Refugee Protection Act (IRPA), the Minister of Citizenship, Immigration and Multiculturalism established on November 29, 2012 that there are public policy considerations warranting the granting of permanent residence or the granting of necessary exemptions (including the requirement to pay processing fees) to permit the issuance of a permanent residence visa to persons who, despite the termination of their applications, had their FSW visa applications processed to a final decision and were issued permanent resident visas.

Instructions

To facilitate the granting of permanent resident status to persons who have already arrived in Canada as a result of being issued visas in error despite their FSW application being terminated, visa offices and inland offices are to take the following actions on a priority basis:

1. Visa offices are to consult the list of affected persons inland provided by NHQ – International Region to confirm cases by visa office.
2. Visa offices will make the following note in the terminated FSW file:

   “This application for permanent residence as a Federal Skilled Worker was made before February 27, 2008. It was not established by an officer before March 29, 2012, whether, in accordance with the regulations, the applicant met the selection criteria and other requirements applicable to that class. As a consequence, this application for permanent residence was terminated on June 29, 2012, by operation of section 87.4(1) of the Immigration and Refugee Protection Act.

   As a result, the visas issued on (insert date) were void ab initio, and the permanent resident status which was based on these invalid visas is also void ab initio.”

3. Visa offices will create a new SW1-FED application in GCMS and set the following:
1. Received date to November 29, 2012
2. Subcategory = PP
3. Record the Eligibility decision as Passed – PP
4. Visa offices will make the following note in the new GCMS file:

   “This person meets the criteria of the temporary public policy established on November 29, 2012 to permit the granting of permanent residence to persons who:

   • made an application for a permanent resident visa under the FSW class before February 27, 2008 and in respect of whom an officer had not established before March 29, 2012 that they met the selection criteria and other requirements applicable to that class, and who thereby fall within the termination provision in section 87.4(1) of IRPA; and
   • who, despite the termination of their applications, had their FSW visa applications processed to a final decision and were issued permanent resident visas.”
5. Visa offices will reallocate original Right of Permanent Residence Fee (RPRF) payments in GCMS. (Note, the processing fee from the terminated FSW application will be returned by NHQ – Finance).
6. Visa offices will confirm the creation of new GCMS files with the local CIC office in Ottawa at: OttawaHC-CH@cic.gc.ca.
7. CIC Ottawa will contact affected persons advising them of the public policy measure and actions required of them in order to obtain permanent resident status (see letter in Appendix A).
8. Upon receipt of the signed CoPR and new photographs, and upon confirming that the person meets the criteria of the temporary public policy, delegated officers at CIC Ottawa will grant permanent resident status to the affected persons and enter their decision in FOSS, and will contact CPC – Sydney to confirm that new Permanent Resident Cards (PRCs) are to be issued on an urgent basis. The granting of permanent resident status takes effect as of the date that the delegated officer makes this decision.

Appendix A – Letter to Pre-C50 Applicants: Landed in Error and who have not yet been notified

The Jobs, Growth and Long-term Prosperity Act became law on June 29, 2012. Under this legislation, Federal Skilled Worker (FSW) applications made before February 27, 2008, were terminated by operation of law if a selection decision had not been made by an immigration officer before March 29, 2012.

In conducting a factual review of affected applications, we have noted that the selection decision on your file was made after March 28, 2012. Regretfully, your application was affected by the Jobs, Growth and Long-term Prosperity Act and was terminated by operation of law on June 29, 2012. As such, the permanent resident visa(s) which were inadvertently issued to you and your family were not valid, and the permanent resident status that was based on these invalid visas is also considered to be void. Therefore, you and your family are currently without status in Canada.

However, in view of these unfortunate circumstances, we wish to inform you that the Minister of Citizenship, Immigration and Multiculturalism has, pursuant to his authority under section 25.2 of the Immigration and Refugee Protection Act (IRPA), established that there are public policy considerations warranting the granting of permanent residence or the granting of the necessary exemptions (including the requirement to pay processing fees) to permit the issuance of a permanent residence visa, as the case may be, to persons who:

1. made an application for a permanent resident visa under the FSW class before February 27, 2008 and in respect of whom an officer had not established before March 29, 2012 that they met the selection criteria and other requirements applicable to that class, and who thereby fall within the termination provision in s. 87.4(1) of IRPA; and
2. who, despite the termination of their applications, had their FSW visa applications processed to a final decision and were issued permanent resident visas.

In order for us to grant permanent resident status to you and your family, we need you to do the following as soon as possible:

1. Sign the new Confirmation of Permanent Residence document(s) enclosed with this letter.
2. Mail the original signed Confirmation of Permanent Residence document(s), along with new photographs of you and your family members, to our office at: 200 Catherine Street, Ottawa, Ontario, K2P 2K9. Please write “FSW Public Policy” on the front of the envelope to help us quickly identify and prioritize your correspondence.

Once we receive your signed Confirmation of Permanent Residence document(s) and new photos, we can grant you and your family permanent resident status.

Permanent Resident Cards would then be issued for you and your family members on an urgent basis. The date on your Permanent Resident Card is the date on which you become a permanent resident. You must destroy any previously issued Permanent Resident Cards as they are not valid.

Note that the processing fees that you paid for your original FSW application, which was terminated by operation of law, will be returned to you as soon as possible.

We sincerely apologize that you were affected by this error, and any inconvenience this process may cause you and your family.