Tag Archives: NKIC Newsletter – February 2018

Updated Application Kit for Spousal Sponsorship

February 22, 2018 nkic

Family reunification is a key immigration priority for the Government of Canada, and IRCC continues to improve the processes and procedures to help families reunite in Canada more quickly and easily.

That’s why they have now once again updated the guides and checklists, as well as some procedures, for the spousal sponsorship program. The changes reflect the Department’s ongoing commitment to respond to clients’ needs and make improvements to client service and program delivery where possible.

Since launching the spousal application package in December 2016, IRCC has been listening to your feedback. Based on what they heard, they have further improved the:

Basic Guide,
Complete Guide,
Document checklists (one each for spouse, common-law partner, conjugal partner, and dependent child), and
Order in which certain required documents must be submitted to us.

Notably, spousal applicants will now be asked to submit their Schedule A – Background/Declaration (IMM 5669) form and police certificates as part of their initial paper application package, instead of later in the application process, as was previously required. This will help us process applications even more quickly and efficiently and avoid unnecessary delays.

Applicants are still encouraged to link their applications to an online account to communicate quickly and securely with us, get medical instructions as soon as they are issued, receive and respond to request letters quickly, and get application updates online. However, this can be done at any time during the processing of the application.

The checklists and guides replace the ones that were made available on this website in June 2017 (and which received a minor update in October 2017 to reflect the change to the age limit for dependent children).

Although IRCC has changed the checklists and the placement of some forms within the application process, the forms themselves have not changed as part of this update.

If you have been filling out an application using the previous version of the checklists (identified in the bottom left hand corner by version code 10-2017), IRCC will still accept your application using that previous version until March 15, 2018. However, they encourage you to use the new checklist, guides and processes right away.

Please Contact Us form further information.

Family Class, News

Spouses Being Reunited More Quickly in Canada

February 22, 2018 nkic

Sponsorship process improvements have led to backlog reduction and shorter processing times.

Over the past year, the Government of Canada has made significant improvements to the spousal sponsorship process, making it faster and easier for Canadians and permanent residents to reunite with their spouses.

In December 2016, Immigration, Refugees and Citizenship Canada (IRCC) announced that it would reduce the backlog of spousal applicants by 80% and shorten processing times to 12 months. It also announced improvements to the spousal sponsorship application process to make it more efficient and easier to navigate.

Today, the Honourable Ahmed Hussen, Minister of Immigration, Refugees and Citizenship (IRCC), announced that the government has successfully met these commitments:

More than 80% of those who were in the global spousal sponsorship backlog on December 7, 2016, have now received final decisions for their applications. We reduced the spousal inventory from 75,000 persons to 15,000 as of December 31, 2017.
As of December 31, 2017, we met our commitment to process 80% of spousal applications that were received in December 2016.

In addition, after introducing a new spousal sponsorship application package in December 2016, IRCC continued to respond to client and stakeholder feedback to further improve the application process, and make it simpler and easier for sponsors and applicants to understand and navigate. As a result, we made a number of improvements to the application package in June 2017. And today, IRCC introduced further updates to the application kit and process to improve the client experience and make sure we can process applications as quickly as possible.

Quick Facts

To bring families together, IRCC plans to welcome 66,000 spouses and dependants in 2018, well above the average over the past decade of about 47,000.

Please Contact Us for Further information.

Canadian Temporary Visitors, News

Temporary Residents: Examination and Admission at the Port of Entry

February 22, 2018 nkic

Process at the port of entry (POE)

Canada Border Services Agency (CBSA) officers must be satisfied that all admissibility requirements have been met before admitting a foreign national.

Step 1

The foreign national arrives at a POE and is examined at the primary inspection line (PIL) by a CBSA officer.

If the CBSA officer determines that the foreign national requires further examination, then the foreign national is referred for a secondary examination.
If the CBSA officer is satisfied that the foreign national meets the admissibility requirements, then the foreign national is allowed to enter Canada.

Note: At some remote border crossings or airports, it may be necessary for the person to be directed to a local Immigration, Refugees and Citizenship Canada office.

Step 2

At the immigration secondary, the officer interviews the foreign national to determine if the person is admissible to Canada:

If the person is admissible, then the officer may either

stamp the subject’s passport (if applicable); or
issue a visitor record.

The officer may also request that a security bond be posted to ensure the person complies with the terms and conditions imposed.

If the person is inadmissible, then the officer may

write a report under subsection 44(1) of the Immigration and Refugee Protection Act (IRPA) outlining the allegations of inadmissibility and forward it to a Minister’s delegate; or
allow the person to withdraw their application and leave Canada.

If the person is admissible, the officer stamps the person’s passport (if applicable) and may issue a visitor record with conditions.

If the person is inadmissible, the officer drafts a report outlining the allegations of inadmissibility and forwards it to a Minister’s delegate.

Step 3

If the officer opts to write a subsection A44(1) report, that officer will forward it to a Minister’s delegate for review.

Step 4

A Minister’s delegate reviews the report of alleged inadmissibility.

If the report is valid, then the Minister’s delegate upholds the report and decides on the disposition of the case.

The disposition depends on the allegations and circumstances of each case and may include

referring the case to an admissibility hearing;
allowing the person to leave Canada;
issuing a temporary resident permit (TRP); or
issuing an exclusion order.

The officer decides whether or not detention is warranted.

If the report is not valid, then the Minister’s delegate overturns the report and admits the person to Canada.

Length of admissions

An officer at the POE will determine the length of time that a temporary resident may remain in Canada.

Note: In general, stamps issued by CBSA officers at the POE are valid for a period of 6 months from the date of entry.

If a handwritten date has been placed under the stamp, the period of authorized stay expires on that date.

For example, for parents and grandparents who possess the super visa temporary resident visa or letter, CBSA officers will handwrite a date that is 2 years from the date of entry on their initial visit only.

Learn more about duration of visits.

Conditions

Officers at the POE may impose prescribed conditions on a temporary resident at the time of admission.

Conditions are imposed to ensure that the foreign national adheres to the period and purpose for which they sought entry and to make them aware of the need for formal authorization before extending that period or varying the purpose of their stay.

Section 183 of the Immigration and Refugee Protection Regulations outlines the following conditions imposed on every temporary resident:
- may not engage in work without authorization;
- may not engage in studies without authorization; and
- must leave Canada by the end of the period authorized for their stay.
Section R184 lists specific conditions imposed on members of a crew.
Section R185 states that an officer may impose, vary or cancel conditions.

Once admitted, temporary residents may apply to

change their conditions;
change their status; and
extend their status.

Please Contact Us for further information.

Canadian Employment, Canadian Work Permits, News

Global Skills Strategy Program Update

February 22, 2018 nkic

The program delivery instructions (PDIs) on the Global Skills Strategy (GSS) have been updated to provide clarifications on the short-term (15 or 30 days) work permit exemption, the short-term (120-day) work permit exemption for researchers, and priority processing (14 days) for work permits under the GSS.

For the short-term work permit exemption PDIs, background information has been added about the public policy established on June 12, 2017.

Programs

Short-term (15 or 30 days) work permit exemption

Short-term (15 or 30 days) work permit exemptions are for certain high-skilled work and apply to foreign nationals coming to Canada to perform work that complies with the following conditions:

be of a short duration (15 consecutive calendar days or 30 consecutive calendar days)
be in an occupation that is listed in skill type 0 (management occupations) or skill level A in the matrix of the National Occupational Classification (NOC)

On June 12, 2017, Immigration, Refugees and Citizenship Canada (IRCC), in coordination with Employment and Social Development Canada, launched the Global Skills Strategy and introduced, among other changes, new work permit exemptions for certain high-skilled work of a short-duration.

The Minister of Immigration, Refugees and Citizenship has established a public policy under section A25.2 of the Immigration and Refugee Protection Act that justifies the granting of a work permit exemption to certain highly skilled foreign nationals coming to Canada for 120 consecutive days to perform work in a publicly funded Canadian degree-granting institution (or its affiliated research institution).

Changes to the short-term (15 or 30 days) work permit exemption

instructions under “Conditions” replaced with new instructions
new instructions added on the following topics:
- evidence
- renewals
- working with multiple employers
- implied status
- visitor records
- sections removed:
  - Initial inland applications
  - Applications submitted before June 12, 2017

Short-term (120-day) work permit exemption for researchers

The 120-day work permit exemption allows eligible researchers to exit and re-enter Canada within the 120-day time frame. However, the number of consecutive days cannot be extended beyond the initial 120 days. The 120 days begin on the date the exemption was granted.

The Minister of Immigration, Refugees and Citizenship has established a public policy under section A25.2 of the Immigration and Refugee Protection Act (IRPA) that justifies granting a work permit exemption to certain highly skilled foreign nationals coming to Canada for 120 consecutive days to perform work in a publicly funded Canadian degree-granting institution (or its affiliated research institution).

Changes to the short-term (120-day) work permit exemption for researchers

clarifications made to the conditions to meet the requirements of the work permit exemption to reflect the language of the public policy
instructions under “Considerations” revised
new instructions added on the following topics:
- required documentation
- renewals
- working with multiple employers
- implied status
- visitor records
list of Canadian publicly funded degree-granting institutions updated.
topics removed:
- port of entry processing
- initial inland applications
- applications submitted before June 12, 2017

Priority processing (14 days) of work permits under the Global Skills Strategy

As part of the Global Skills Strategy (GSS), Ministerial Instructions on the priority processing of work permit applications were issued on June 12, 2017. Theses instructions allow certain highly skilled foreign nationals applying from outside Canada to be eligible for a 2-week (14 calendar days) processing period.

This applies to any of the following e-applications:

received by Immigration, Refugees and Citizenship Canada (IRCC) on or after June 12, 2017
for a work permit from outside Canada [R197]
- the related e-applications for temporary residence [R179(a)]
- the electronic travel authorization (eTA) [R12.04]
for a work permit or study permit for a family member of an applicant whose work permit e-application meets the conditions established by the instructions

These instructions do not apply to International Experience Canada applications for an employer-specific work permit under either the Young Professionals category or the International Co-op Internship category.

Changes to priority processing (14 days) of work permits under the GSS

background information added about the Ministerial Instructions that were issued to put into effect the priority processing under the GSS
clarifications made and new instructions added to guidance under “Conditions”
new instructions added to the following sections:
- ESDC’s Global Talent Stream
- Family members of work permit applicants under the GSS

Please Contact Us for more information.

Quick Facts

Process at the port of entry (POE)

Step 1

Step 2

Step 3

Step 4

Length of admissions

Conditions

New content

Length of admissions

Old content

Length of admissions

Programs

Short-term (15 or 30 days) work permit exemption

Changes to the short-term (15 or 30 days) work permit exemption

Short-term (120-day) work permit exemption for researchers

Changes to the short-term (120-day) work permit exemption for researchers

Priority processing (14 days) of work permits under the Global Skills Strategy

Changes to priority processing (14 days) of work permits under the GSS

Global Immigration Consulting Services