diff --git "a/data/processed/pdi.json" "b/data/processed/pdi.json" --- "a/data/processed/pdi.json" +++ "b/data/processed/pdi.json" @@ -2844,129 +2844,34383 @@ "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/card/renunciation-processing.html" }, { - "id": "pdi-tran-0-0", + "id": "pdi-tr-0-0", "doc_type": "memorandum", - "act_code": "PDI-TRAN", - "act_short": "PDI Tran", - "act_name": "PDI — Assessing inadmissibility for serious criminality following Tran v. Canada", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents", + "marginal_note": "Temporary residents", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nA temporary resident is a foreign national who is legally authorized to enter Canada for temporary purposes.\nA foreign national obtains temporary resident status when they have been found to meet the requirements of the Immigration and Refugee Protection Act and its Regulations, allowing them to enter and/or remain in Canada as a visitor, student, worker or temporary resident permit holder. Only foreign nationals who are physically present in Canada hold temporary resident status.\nOne of the objectives of the Immigration and Refugee Protection Act is to facilitate the entry of visitors, students and temporary workers for purposes such as trade, commerce, tourism, international understanding and cultural, educational and scientific activities.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents.html" + }, + { + "id": "pdi-tr-0-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents — Work, study and permits", + "marginal_note": "Work, study and permits", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Temporary workers\nFind guidance on foreign nationals seeking to work in Canada.\nInternational students\nFind guidance on foreign nationals seeking to study in Canada.\nTemporary resident permits\nFind guidance on when and how to qualify for a permit, and who qualifies.\nTemporary resident status extensions\nFind guidance on eligibility, maintained status, fees, visitor records, restoration and loss of status.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work, study and permits", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents.html" + }, + { + "id": "pdi-tr-0-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents — Visiting Canada", + "marginal_note": "Visiting Canada", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Temporary resident visas\nFind guidance on visa-required foreign nationals visiting Canada.\nElectronic travel authorizations\nFind guidance on eligibility and application assessment for visa-exempt foreign nationals.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Visiting Canada", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents.html" + }, + { + "id": "pdi-tr-1-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary workers", + "marginal_note": "Temporary workers", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nA work permit or authorization to work without a permit is required in order for a foreign national to be allowed to work in Canada under either of the following programs:\nthe Temporary Foreign Worker Program\nEmployers must obtain a Labour Market Impact Assessment  (LMIA) to hire foreign workers to fill temporary labour and skill shortages. The LMIA verifies that there is a need for a temporary worker and that no Canadians or permanent residents are available to do the job.\nthe International Mobility Program (IMP)\nThe IMP lets employers hire temporary workers without an LMIA. Exemptions from the LMIA process are based on both of the following:\nthe broader economic, cultural or other competitive advantages for Canada\nthe reciprocal benefits enjoyed by Canadians and permanent residents\nThe IMP also allows for certain foreign nationals to work without a permit when authorized under the Immigration and Refugee Protection Regulations.\nA complete list of all instructions related to temporary residence is available.\nSee the table of contents .\nFor additional information, see the following:\nthe transition table for information on where previous manual content can now be found in the new format\nthe officer quick reference guide to occupations", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary workers", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers.html" + }, + { + "id": "pdi-tr-1-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary workers — Intake", + "marginal_note": "Intake", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Steps to determine work and assessment of work permit applications\nStep 1: What is work?\nAssessing farm work\nStep 2: Authorization to work without a work permit\nPlace of application\nPersons who may apply at a port of entry\nPersons who may apply from within Canada\nRefusal to process applications: Protecting workers from abuse and exploitation", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Intake", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers.html" + }, + { + "id": "pdi-tr-1-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary workers — Processing", + "marginal_note": "Processing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Step 3: Employer reviews and procedures\nAssessing the genuineness of the offer of employment on a work permit application\nReview of wages, occupation and working conditions provided to previous temporary workers\nAssessing employer eligibility to access the Temporary Foreign Worker Program (TFWP) or the International Mobility program (IMP) – Public list of employers who have been non-compliant\nEmployer name changes and corporate restructurings\nStep 4: Temporary workers: Eligibility and admissibility (conditions, medical requirements, urgent referrals and more)\nAssessing medical requirements\nAssessing a temporary foreign worker’s eligibility to work in Alberta in a compulsory certification trade position\nAssessing in the event of a strike situation\nAssessing language requirements\nAssessing individuals subject to immigration warrants\nStep 5: Work permit issuance prohibitions\nWork permit issuance\nOpen work permits\nEmployer-specific work permits — General processing — International Mobility Program\nRegulated or certified occupations – Processing of work permit applications\nConditions and validity period on work permits\nUrgent referrals process for work permits\nQuebec cases (Temporary Foreign Worker Program and International Mobility Program)\nBilingual Remarks/Observations for Visitor Records, Work Permits and Study Permits\nPriority processing (14 days) of work permits under the Global Skills Strategy", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Processing", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers.html" + }, + { + "id": "pdi-tr-1-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary workers — Labour Market Impact Assessments (LMIA)", + "marginal_note": "Labour Market Impact Assessments (LMIA)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Labour Market Impact Assessments Overview\nLabour Market Impact Assessment Review\nRevocation or suspension of labour market impact assessment and effect on work permit\nRefusal to process or suspension of the processing of a labour market impact assessment application\nCaregivers\nRefusal to process LMIA-required work permit applications for caregivers received on or after June 18, 2019", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Labour Market Impact Assessments (LMIA)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers.html" + }, + { + "id": "pdi-tr-1-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary workers — Labour Market Impact Assessment exemptions (LMIA)", + "marginal_note": "Labour Market Impact Assessment exemptions (LMIA)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: Below are most frequently used instructions. Please see the table of contents for temporary worker instructions for a complete list of LMIA-exempt instructions.\nLMIA exemption codes list\nAgreements [R204]\nInternational free trade agreements\nCanada-International non-trade agreements\nProvincial nominees\nCanadian interests [R205] (see LMIA codes )\nApplicants with no other means of support [R206]\nPermanent residence applicants in Canada [R207]\nVulnerable workers [R207.1]\nDestitute students [R208(a) – H81] Humanitarian reasons\nTemporary resident permit holders [R208(b) – H82] Humanitarian reasons\nUnique work situations or Officer quick reference guide to occupations", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Labour Market Impact Assessment exemptions (LMIA)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers.html" + }, + { + "id": "pdi-tr-1-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary workers — Public policies, special initiatives and pilot projects", + "marginal_note": "Public policies, special initiatives and pilot projects", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Special initiatives and pilot projects\nPublic policy to issue an open work permit to certain post-graduation work permit (PGWP) holders – April 6 to December 31, 2023 – archived\nPublic policy for out-of-status or unauthorized home care workers: Work permits and restoration of status\nProvincial and territorial\nAtlantic Immigration Pilot Program (C18)\nAssessing a temporary foreign worker’s eligibility to work in Alberta in a compulsory certification trade position\nInternational Mobility Program: Yukon Community Pilot (YCP) – Open work permits (LMIA exemption code A75)\nFederal\nPublic policy: Open work permits for applicants under the temporary resident to permanent resident pathway\nOpen work permits for applicants under the Interim Pathway for Caregivers\nOpen work permit pilot for permanent residence applicants in the spouse or common-law partner in Canada (SCLPC) class\nOptional open work permit for permanent residence pathway for Hong Kong residents\nOpen work permits for Hong Kong recent graduates\nWork permits issued to seafood-processing workers\nRural and Northern Immigration Pilot (C15)\nRural Community Immigration Pilot (RCIP) (C15)\nFrancophone Community Immigration Pilot (FCIP) (C15)\nRural and Northern Immigration Pilot spouses (C17)\nRural Community Immigration Pilot and Francophone Community Immigration Pilot – Spouses (C17)\nAgri-Food Pilot Program\nTemporary measures for eligible Indigenous persons", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Public policies, special initiatives and pilot projects", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers.html" + }, + { + "id": "pdi-tr-1-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary workers — Employer compliance regime", + "marginal_note": "Employer compliance regime", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Employer compliance inspections\nRevocation of work permit due to public policy consideration\nApplication of consequences where an employer is found non-compliant with the conditions\nAssessing the severity of violation\nPublic list of employers who have been non-compliant\nEmployers who have been non-compliant\nCollecting administrative monetary penalties and determining when employers are in default of payment\nExemption from the employer compliance regime for the International Mobility Program", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Employer compliance regime", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers.html" + }, + { + "id": "pdi-tr-1-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary workers — Admission to Canada", + "marginal_note": "Admission to Canada", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In addition to meeting the eligibility requirements for the temporary resident category under which they have applied, applicants will require either a visa or an electronic travel authorization (if they are visa-exempt).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Admission to Canada", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers.html" + }, + { + "id": "pdi-tr-2-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Residents: Students", + "marginal_note": "Temporary Residents: Students", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nAll foreign nationals require written authorization (a study permit) in order to study in Canada unless exempted .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary Residents: Students", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits.html" + }, + { + "id": "pdi-tr-2-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Residents: Students — Intake", + "marginal_note": "Intake", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Who needs a study permit\nMaking an application\nStudent Direct stream (SDS)\nFrancophone Minority Communities Student Pilot (FMCSP)\nMinors\nRefugees/Protected Persons\nDesignated learning institutions", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Intake", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits.html" + }, + { + "id": "pdi-tr-2-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Residents: Students — Processing", + "marginal_note": "Processing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Assessing an application\nLetters of acceptance\nProvincial attestation letters\nStudying in Quebec\nScholarship and award recipients\nOther considerations\nFinal decisions: Entering new study permit conditions in GCMS and FOSS\nBilingual Remarks/Observations for Visitor Records, Work Permits and Study Permits\nReviewing student enrolment status reporting by DLIs", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Processing", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits.html" + }, + { + "id": "pdi-tr-2-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Residents: Students — Work", + "marginal_note": "Work", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "On-campus work\nCo-op Work Permit Program\nOff-campus Work Permit Program\nPost-Graduation Work Permit Program\nSpouses or common-law spouses of full-time students", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits.html" + }, + { + "id": "pdi-tr-2-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Residents: Students — Enforcement", + "marginal_note": "Enforcement", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Assessing study permit conditions\nIndividuals named in an immigration warrant\nConditions on post-secondary Designated Learning Institutions", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Enforcement", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits.html" + }, + { + "id": "pdi-tr-2-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Residents: Students — Admission to Canada", + "marginal_note": "Admission to Canada", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In addition to meeting the eligibility requirements for the temporary resident category under which they have applied, applicants will require either a visa or an electronic travel authorization (if they are visa-exempt).\nNote: Some Entry/Exit information can be accessed in GCMS by conducting a query through the application screen. Since February 26, 2019, all land entry and exit records (on all travellers, including Canadian and US citizens) and all air entry records are available. The Canada Border Services Agency (CBSA) started to onboard air carriers between June 2020 and June 2021 to obtain air exit information. As of June 2021, all air exit information is available through a query in GCMS. Entry/exit information can be used to assess residence and to check for overstays. Data is collected point forward and not available for records that predate February 26, 2019.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Admission to Canada", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits.html" + }, + { + "id": "pdi-tr-3-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs)", + "marginal_note": "Temporary resident permits (TRPs)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: Some Entry/Exit information can be accessed in GCMS by conducting a query through the application screen. Since February 26, 2019, all land entry and exit records (on all travellers, including Canadian and US citizens) and all air entry records are available. The Canada Border Services Agency (CBSA) started to onboard air carriers between June 2020 and June 2021 to obtain air exit information. As of June 2021, all air exit information is available through a query in GCMS. Entry/exit information can be used to assess residence and to check for overstays. Data is collected point forward and not available for records that predate February 26, 2019.\nThis section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nGenerally, individuals who do not meet the requirements of the Immigration and Refugee Protection Act (IRPA), or who are inadmissible under the IRPA, may be\nrefused a permanent resident visa (PRV) or temporary resident visa (TRV) abroad\nrefused an electronic travel authorization (eTA)\nreported inadmissible under section A44(1)\nallowed to withdraw their application to enter Canada at a port of entry (POE)\nrefused processing within Canada\nIn some cases, however, an officer may issue a TRP to allow a person who is inadmissible, or who does not meet the requirements of the IRPA, to become a temporary resident (that is, to enter or remain in Canada) if it is justified in the circumstances.\nTRPs allow officers to balance the objectives of the IRPA to meet Canada’s social, humanitarian and economic commitments, while maintaining the health and security of Canadians. Learn more about the background and context of TRPs .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary resident permits (TRPs)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits.html" + }, + { + "id": "pdi-tr-3-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs) — Processing", + "marginal_note": "Processing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Eligibility and assessment\nFinal decisions and issuing permits\nValidity, conditions and cancellation\nSubsequent permits\nWork and study permits\nApplying for permanent residence\nAdditional procedures and considerations for\nInadmissibility (health)\nInadmissibility (criminality)\nVictims of human trafficking\nVictims of family violence\nForeign nationals who were in state care\nRemoval orders and immigration warrants\nStateless children of Canadian citizens", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Processing", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits.html" + }, + { + "id": "pdi-tr-3-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs) — Administration", + "marginal_note": "Administration", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Authorities and accountability\nInformation-gathering (including interviews)\nPreparing a case summary, recommendation and documenting decisions", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Administration", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits.html" + }, + { + "id": "pdi-tr-4-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Extension of temporary resident status", + "marginal_note": "Extension of temporary resident status", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nEligibility for extending temporary resident status\nInland applications for permanent residence and temporary resident status extension\nMaintained status during processing (previously called \"implied status\")\nFees and cost recovery for extensions\nExtensions for minors\nRestoration of status\nVisitor record\nBilingual Remarks/Observations for Visitor Records, Work Permits and Study Permits\nLoss of status\nIndividuals named in an immigration warrant", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Extension of temporary resident status", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/extention.html" + }, + { + "id": "pdi-tr-5-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Visitors", + "marginal_note": "Temporary residents: Visitors", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: Some Entry/Exit information can be accessed in GCMS by conducting a query through the application screen. Since February 26, 2019, all land entry and exit records (on all travellers, including Canadian and US citizens) and all air entry records are available. The Canada Border Services Agency (CBSA) started to onboard air carriers between June 2020 and June 2021 to obtain air exit information. As of June 2021, all air exit information is available through a query in GCMS. Entry/exit information can be used to assess residence and to check for overstays. Data is collected point forward and not available for records that predate February 26, 2019.\nThis section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nA temporary resident visa (TRV) is an official counterfoil document issued by a visa office that is placed in a person’s passport to show that they have met the requirements for admission to Canada as a temporary resident.\nHolding a TRV does not guarantee entry to Canada. The admission of foreign nationals into Canada as temporary residents is a privilege, not a right.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Visitors", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors.html" + }, + { + "id": "pdi-tr-5-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Visitors — Intake", + "marginal_note": "Intake", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Temporary resident status\nVisa-required countries\nVisa exemptions by purpose of entry\nTransit Without Visa Program\nChina Transit Program\nCountries designated for the purposes of the Visiting Forces Act\nFee requirements\nPlace of application", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Intake", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors.html" + }, + { + "id": "pdi-tr-5-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Visitors — Processing", + "marginal_note": "Processing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Documents required with a TRV application\nReviewing the documentation\nEligibility and admissibility considerations\nEvidence supporting purpose of entry\nDual intent\nProof of funds/financial support\nMedical requirements for foreign nationals \nIssuing the visa\nMultiple-entry visa\nIssuing the visa: duration of visits\nVisa categories\nSuper visas\nDiplomatic and official visas (including US government officials)\nCourtesy visas\nFacilitation visas\nTransit visas\nSpecific requirements by type of applicant\nMinors\nBusiness persons and business delegations\nDigital nomads\nPersons wishing to enter Canada for the purpose of giving birth\nIntending organ donors\nRefusals overview\nCancellation of a TRV\nVisa validity (expiry dates)\nExaminations and admission at the port of entry\nRefusals at the port of entry\nSecurity deposits and guarantees", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Processing", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors.html" + }, + { + "id": "pdi-tr-5-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Visitors — Extension of temporary resident status", + "marginal_note": "Extension of temporary resident status", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Eligibility for extending temporary resident status\nExtensions for minors\nMaintained status during processing (previously called implied status)\nInland applications for permanent residence and temporary resident status extension\nRestoration of status\nVisitor record\n   Bilingual Remarks/Observations for Visitor Records, Work Permits and Study Permits  \nFees and cost recovery for extensions\nLoss of status\nIndividuals named in an immigration warrant", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Extension of temporary resident status", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors.html" + }, + { + "id": "pdi-tr-6-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Electronic travel authorization", + "marginal_note": "Temporary residents: Electronic travel authorization", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: Some Entry/Exit information can be accessed in GCMS by conducting a query through the application screen. Since February 26, 2019, all land entry and exit records (on all travellers, including Canadian and US citizens) and all air entry records are available. The Canada Border Services Agency (CBSA) started to onboard air carriers between June 2020 and June 2021 to obtain air exit information. As of June 2021, all air exit information is available through a query in GCMS. Entry/exit information can be used to assess residence and to check for overstays. Data is collected point forward and not available for records that predate February 26, 2019.\nThis section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe electronic travel authorization (eTA) initiative is a key commitment intended to strengthen mutual Canada–U.S. security by addressing potential threats as early as possible outside the North American perimeter. The eTA initiative harmonizes the Canadian and U.S. approaches to the pre-departure screening of visa-exempt foreign nationals.\nUnder the eTA program, visa-exempt foreign nationals (U.S. citizens exempted) are required to obtain an eTA before travelling to Canada by air or travelling to Canada by vessel directly from Saint-Pierre-et-Miquelon, unless otherwise exempted from the requirement. Certain low-risk foreign nationals from select visa-required countries may also be eligible to obtain an eTA to travel to Canada by air via the eTA expansion program.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Electronic travel authorization", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/electronic-travel-authorization.html" + }, + { + "id": "pdi-tr-6-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Electronic travel authorization — Learn more", + "marginal_note": "Learn more", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "What is an eTA?\nWho needs an eTA?\nWho does not need an eTA?\nHow much does an eTA cost?\nHow do clients apply for an eTA?\nHow long is an eTA valid?\nHow does the eTA application assessment process work?\nProcedures: manually processing eTA applications\neTA: Client service", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Learn more", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/electronic-travel-authorization.html" + }, + { + "id": "pdi-tr-7-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "General temporary resident processing", + "marginal_note": "General temporary resident processing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nTemporary resident status\nFee requirements\nPlace of application\nDual intent\nEntry/exit program\nIdentity Management\nMedical requirements for foreign nationals\nRefusals overview\nIndividual cancellation of temporary resident visas, electronic travel authorizations, work permits and study permits", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: General temporary resident processing", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/general-processing.html" + }, + { + "id": "pdi-tr-8-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Functional guidance on temporary residents: Table of contents", + "marginal_note": "Functional guidance on temporary residents: Table of contents", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Functional guidance on temporary residents: Table of contents", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/functional-guidance-table-contents.html" + }, + { + "id": "pdi-tr-8-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Functional guidance on temporary residents: Table of content — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "General visa requirements\nExtension, restoration and loss of temporary resident status\nElectronic travel authorization (eTA)\nTemporary resident permits (TRPs)\nInternational student program\nInternational Mobility Program (IMP) and Temporary Foreign Worker Program (TFWP)\nLabour market impact assessment (LMIA)\nLabour market impact assessment (LMIA) exemptions", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/functional-guidance-table-contents.html" + }, + { + "id": "pdi-tr-8-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Functional guidance on temporary residents: Table of content — General visa requirements", + "marginal_note": "General visa requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Intake\nTemporary resident status\nVisa-required countries\nVisa exemptions by purpose of entry\nTransit Without Visa Program\nChina Transit Program\nCountries designated for the purposes of the Visiting Forces Act\nFee requirements\nPlace of application\nPrograms exempt from the in-Canada mandatory electronic application (e-application) requirement for temporary residents\nProcessing\nDocuments required with a TRV application\nReviewing the documentation\nEligibility and admissibility considerations\nEvidence supporting purpose of entry\nDual intent\nProof of funds/financial support\nMedical requirements for foreign nationals\nIssuing the visa: Transit, single-entry and multiple-entry visas\nIssuing the visa: Duration of visits\nVisa categories\nSuper visas\nDiplomatic and official visas (including U.S. government officials)\nCourtesy visas\nFacilitation visas\nSpecific requirements by type of applicant\nMinors\nBusiness persons and business delegations\nPersons wishing to enter Canada for the purpose of giving birth\nIntending organ donors\nRefusals overview\nCancellation of a TRV\nVisa validity (expiry dates)\nExaminations and admission at the port of entry\nRefusals at the port of entry\nSecurity deposits and guarantees", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: General visa requirements", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/functional-guidance-table-contents.html" + }, + { + "id": "pdi-tr-8-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Functional guidance on temporary residents: Table of content — Extension, restoration and loss of temporary resident status", + "marginal_note": "Extension, restoration and loss of temporary resident status", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Eligibility for extending temporary resident status\nExtensions for minors\nMaintained status during processing (previously called implied status)\nInland applications for permanent residence and temporary resident status extension\nRestoration of temporary resident status\nVisitor record\nBilingual Remarks/Observations for Visitor Records, Work Permits and Study Permits\nFees and cost recovery for extensions\nLoss of status\nIndividuals named in an immigration warrant", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Extension, restoration and loss of temporary resident status", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/functional-guidance-table-contents.html" + }, + { + "id": "pdi-tr-8-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Functional guidance on temporary residents: Table of content — Electronic travel authorization (eTA)", + "marginal_note": "Electronic travel authorization (eTA)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Electronic travel authorization (eTA)\nAbout an eTA\nWho needs an eTA\neTA expansion eligibility\nWho does not need an eTA\nHow eTA applications are assessed\nFor more information\nManually processing eTA applications\nCanadian citizen applicants\nCanadian permanent resident applicants\neTA expansion\nAdverse information associated with an eTA applicant\nAssessing admissibility\nAssessing multiple eTA applications\nRevalidating, inactivating and refusing an eTA\nEstablishing eTA validity\nService standards", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Electronic travel authorization (eTA)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/functional-guidance-table-contents.html" + }, + { + "id": "pdi-tr-8-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Functional guidance on temporary residents: Table of content — Temporary resident permits (TRPs)", + "marginal_note": "Temporary resident permits (TRPs)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Intake\nBackground and purpose\nWhen to consider issuing a TRP\nFees collection\nProcessing\nEligibility and assessment\nFinal decisions and issuing permits\nValidity, conditions and cancellation\nSubsequent permits\nWork and study permits\nApplications for permanent residence\nAdditional procedures and considerations:\nInadmissibility (health)\nInadmissibility (criminality)\nVictims of human trafficking\nVictims of family violence\nRemoval orders and immigration warrants\nStateless children of Canadian citizens\nAdministration\nAuthorities and accountability\nInformation-gathering (including interviews)\nPreparing a case summary, recommendation and documenting decisions", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary resident permits (TRPs)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/functional-guidance-table-contents.html" + }, + { + "id": "pdi-tr-8-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Functional guidance on temporary residents: Table of content — International student program", + "marginal_note": "International student program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Intake\nWho needs a study permit\nMaking an application\nStudent Direct Stream (SDS)\nMinors\nRefugees and protected persons\nDesignated learning institutions\nProcessing\nAssessing an application\nLetters of acceptance\nStudying in Quebec\nScholarship and award recipients\nOther considerations\nFinal decisions\nBilingual Remarks/Observations for Visitor Records, Work Permits and Study Permits\nWork\nOn-campus work\nCo-op Work Permit Program\nOff-campus Work Permit Program\nPost-Graduation Work Permit Program\n-->\nSpouses or common-law spouses of full-time students\nEnforcement\nAssessing study permit conditions\nIndividuals named in an immigration warrant", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: International student program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/functional-guidance-table-contents.html" + }, + { + "id": "pdi-tr-8-7-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Functional guidance on temporary residents: Table of content — International Mobility Program (IMP) and Temporary Foreign W", + "marginal_note": "International Mobility Program (IMP) and Temporary Foreign Worker Program (TFWP)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Work permits\nIntake\nSteps to determine work and assessment of work permit application\nStep 1: What is work\nAssessing farm work as volunteers\nStep 2: Authorization to work without a work permit\nR186(a) – Business visitors\nR186(b) – Foreign representatives\nInternational Mobility Program: Foreign government officials not accredited to Canada\nInternational Mobility Program: Domestic workers of foreign representatives\nLocally engaged staff of diplomatic and consular missions and international organizations: Reciprocal employment (LMIA exemption code C20)\nR186(c) – Family members of foreign representatives\nInternational Mobility Program: Criteria for applicants seeking accreditation of immediate members of the family of foreign representatives\nR186(d) – Military personnel\nFamily members of military personnel\nR186(e) – Foreign government officers\nR186(f) – On-campus employment\nR186(g) – Performing artists\nTypes of artistic and performing arts occupations\nR186(h) – Athletes and coaches\nR186(i) – News reporters, media crews\nR186(j) – Public speakers\nR186(k) – Convention organizers\nSales\nR186(l) – Religious leaders\nR186(m) – Judges, referees and similar officials\nR186(n) – Examiners and evaluators\nR186(o) – Expert witnesses or investigators\nR186(p) – Short-term students in a foreign health care program\nImmigration medical examination: Healthcare students who are work permit-exempt\nR186(q) – Civil aviation inspector\nR186(r) – Aviation accident or incident inspector\nR186(s) – Crew\nCommercial airline reciprocal employment agreements\nR186(t) – Emergency service providers\nR186(u) – Pending decision on work permit renewal\nR186(v) – Off-campus work\nR186(w) – Study permit holder who completed studies\nR186(x) – Registered Indians\nPlace of application", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: International Mobility Program (IMP) and Temporary Foreign Worker Program (TFWP) (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/functional-guidance-table-contents.html" + }, + { + "id": "pdi-tr-8-7-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Functional guidance on temporary residents: Table of content — International Mobility Program (IMP) and Temporary Foreign W", + "marginal_note": "International Mobility Program (IMP) and Temporary Foreign Worker Program (TFWP)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Persons who may apply at a port of entry\nPersons who may apply from within Canada\nRefusal to process applications: Protecting workers from abuse and exploitation\nProcessing\nStep 3: Employer review\nAssessing genuineness of the offer of employment on work permit application – R200(5)\nWork permit processing – Review of wages, occupation and working conditions provided to previous temporary workers\nPublic list of employers who have been non-compliant\nEmployer name changes and corporate restructurings\nStep 4: Temporary workers: Eligibility and admissibility\nAssessing medical requirements\nAssessing a temporary foreign worker’s eligibility to work in Alberta in a compulsory certification trade position\nStrike situations\nLanguage requirements\nImmigration warrants\nStep 5: Work permit issuance prohibitions\nWork permit application processing and issuance\nOpen work permit – General processing and issuance\nEmployer-specific work permits – General processing – IMP\nRegulated or certified occupations\nConditions of the work permit including validity period\nUrgent referrals process for work permits\nQuebec cases (TFWP and IMP)\nAssessing a temporary foreign worker’s eligibility to work in Alberta in a compulsory certification trade position\nBilingual Remarks/Observations for Visitor Records, Work Permits and Study Permits\nPriority processing – Global Skills Strategy (GSS) – TEER 0 and 1 occupations\nPriority processing – Temporary workers in essential occupations", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: International Mobility Program (IMP) and Temporary Foreign Worker Program (TFWP) (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/functional-guidance-table-contents.html" + }, + { + "id": "pdi-tr-8-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Functional guidance on temporary residents: Table of content — Labour market impact assessment (LMIA)", + "marginal_note": "Labour market impact assessment (LMIA)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Labour market impact assessments\nLabour market impact assessment review\nRecognized Employer Pilot\nRefusal to process or suspension of the processing of a labour market impact assessment application\nRevocation or suspension of labour market impact assessment and effect on work permit\nSeafood and fish plant workers (low-wage cap exempt) – TFWP\nSeasonal Agricultural Worker Program - TFWP\nWork permits for caregiver pathways – TFWP and IMP\nRefusal to process LMIA-required work permit applications for caregivers received on or after June 18, 2019", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Labour market impact assessment (LMIA)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/functional-guidance-table-contents.html" + }, + { + "id": "pdi-tr-8-9-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Functional guidance on temporary residents: Table of content — Labour market impact assessment (LMIA) exemptions", + "marginal_note": "Labour market impact assessment (LMIA) exemptions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "LMIA exemption codes list\nAgreements or arrangements [R204]\nInternational Free Trade Agreements (FTAs) [R204(a)]\nCanada-United States-Mexico Agreement (CUSMA)\nBusiness visitors – CUSMA\nProfessionals – CUSMA \nIntra-company transferees (ICT) – CUSMA\nTraders – CUSMA\nInvestors – CUSMA\nCanada-Chile FTA\nBusiness visitors – Canada-Chile\nInvestors – Canada-Chile\nIntra-Company transferees (ICT) – Canada-Chile\nProfessionals – Canada-Chile\nTraders – Canada-Chile\nCanada-Peru FTA\nBusiness visitors – Canada-Peru\nInvestors – Canada-Peru\nIntra-Company Transferees – Canada-Peru\nProfessionals and technicians – Canada-Peru\nTraders – Canada-Peru\nCanada-Colombia FTA (in addition code: T25)\nBusiness visitors – Canada-Colombia\nInvestors – Canada-Colombia\nIntra-Company transferees – Canada-Colombia\nProfessionals and technicians – Canada-Colombia\nTraders – Canada-Colombia\nCanada-Korea FTA\nBusiness visitors – Canada-Korea\nInvestors – Canada-Korea\nIntra-Company transferees – Canada-Korea\nContractual service suppliers and independent professionals – Canada-Korea\nTraders – Canada-Korea\nCanada-European Union Comprehensive Economic and Trade Agreement (CETA)\nBusiness visitors and business visitors for investment purposes (work permit exempt under R186(a) and R187)\nInvestors - CETA\nContractual service suppliers and independent professional - CETA\nNational Occupational Classification equivalents of Canada’s commitments in the Canada-European Union free-trade agreement\nIntra-corporate (company) transferees (ICT) – CETA\nEngineering technologists and scientific technologists – CETA", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Labour market impact assessment (LMIA) exemptions (part 1 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/functional-guidance-table-contents.html" + }, + { + "id": "pdi-tr-8-9-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Functional guidance on temporary residents: Table of content — Labour market impact assessment (LMIA) exemptions", + "marginal_note": "Labour market impact assessment (LMIA) exemptions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Canada-Ukraine Free Trade Agreement (CUFTA) overview – Agreements or arrangements – International Mobility Program\nBusiness visitors – CUFTA\nInvestors – CUFTA\nIntra-corporate transferees – CUFTA\nProfessionals - CUFTA\nAgreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland (CUKTCA)\nBusiness visitors and business visitors for investment purposes (work permit exempt under R186(a) and R187)\nInvestors – CUKTCA\nContractual service providers and independent professionals – CUKTCA\nNational Occupational Classification equivalents of Canada’s commitments in the Canada-European Union free-trade agreement\nIntra-corporate (company) transferees (ICT) – CUKTCA\nEngineering technologists and scientific technologists - CUKTCA\nCanada–Panama Free Trade Agreement (CPAFTA)\nBusiness visitors – Canada-Panama\nProfessionals – Canada-Panama\nGeneral Agreement on Trade in Services (GATS) (T33)\nComprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) overview\nBusiness visitors – CPTPP\nInvestors – CPTPP\nIntra-corporate transferees – CPTPP\nProfessionals and technicians – CPTPP\nCanada-International Non-Trade Agreements (T11)\nAirline personnel (operational, technical and ground personnel)\nUnited States government personnel\nQuebec investors – Issuance of open work permits to candidates who have received a Quebec notice of intent to select [R204(c) – T10]\nFederal-provincial agreements overview [R204(c) – T13]\nForeign nationals nominated by a province (T13)\nSignificant investment projects\nExceptional and Unforeseen Events\nAtlantic Immigration Program (C18)\nInternational Experience Canada (IEC) (C21)\nOverview\nEligibility requirements", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Labour market impact assessment (LMIA) exemptions (part 2 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/functional-guidance-table-contents.html" + }, + { + "id": "pdi-tr-8-9-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Functional guidance on temporary residents: Table of content — Labour market impact assessment (LMIA) exemptions", + "marginal_note": "Labour market impact assessment (LMIA) exemptions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Processing applications\nBilateral agreements and arrangements\nIEC-recognized organizations\nIncreasing the validity period of work permits under the International Experience Canada (IEC) Program\nIn-Canada work permit printing for subsequent IEC participants with a letter of introduction\nCanadian interests [R205]\nSignificant benefit [R205(a)]\nGeneral guidelines (C10)\nAirline personnel (foreign airline security guards)\nInterns with international organizations recognized under the Foreign Missions and International Organizations Act\nRail grinder operators, rail welders or other specialized track maintenance workers\nExperts on mission, working for a United Nations office in Canada\nForeign physicians coming to work in Quebec\nCaribbean Agricultural Liaison Officers\nEntrepreneurs or self-employed individuals seeking only temporary residence (C11)\nForeign camp owner or director\nFishing guides\nForeign freelance horse jockeys\nIntra-company transferees (C61, C62, and C63)\nEmployer name changes and corporate restructurings\nAirline personnel (station managers)\nEmergency repair personnel or repair for out-of-warranty equipment (C13)\nEssential workers for the production stage of television and film (C14)\nProvincial business candidates or Quebec self-employed applicants approved for a Quebec selection certificate seeking eventual permanent residence (C60)\nLive-in caregivers whose permanent residence application is submitted (A71)\nOccupation-restricted open work permit under Home Child Care Provider Pilot or Home Support Worker Pilot – Category A applicants and family members (C90 and C91)\nBridging open work permits (A75)\nOpen work permits under Home Child Care Provider pilot or Home Support Worker pilot – Work experience completed (A75)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Labour market impact assessment (LMIA) exemptions (part 3 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/functional-guidance-table-contents.html" + }, + { + "id": "pdi-tr-8-9-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Functional guidance on temporary residents: Table of content — Labour market impact assessment (LMIA) exemptions", + "marginal_note": "Labour market impact assessment (LMIA) exemptions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Certain Quebec Selection Certificate holders currently in Quebec (A73)\nStart-up business class (SUV) permanent resident visa applicants (A77)\nEmployer-specific work permit applications for start-up business class permanent residence applicants received before October 1, 2024\nQuebec Selection Certificate (CSQ) holders currently outside Quebec [R205(a) – A76] – International Mobility Program (IMP)\nReciprocal employment [R205(b)]\nGeneral guidelines (C20)\nFishing guides (border lakes)\nResidential camp counsellors\nInterns with international organizations recognized under the Foreign Missions and International Organizations Act (family members)\nAcademic exchanges (C22)\nPerforming arts (C23)\nDesignated by the Minister [R205(c)]\nWork related to a research, educational or training program (C31, C32, C33)\nResearch (C31)\nEducational co-op – Post-secondary level (C32)\nEducational co-op – Secondary level (C33)\nOverview of work designated by the Minister [R205(c)(ii)] (C16, C41, C42, C43, C44, C45, C46, C47, C48, C49, C52, C88)\nFamily members of foreign nationals authorized to work in high-skilled occupations (TEER 0, 1, 2 or 3) – (C41 and C46)\nFamily members of foreign nationals authorized to work in low-skilled occupations (TEER 4 or 5) – (C47 and C48)\nFamily members of work permit holders who are Economic Class permanent resident applicants or chosen by a province (C49)\nSpouses and common-law partners of study permit holders (C42)\nPost-Graduation Work Permit (C43)\nPost-doctoral fellows awarded a Doctor of Philosophy (PhD) (C44)\nForeign medical or dental residents and medical research fellows (C45)\nAcademic award recipients for research work (C52)\nFrancophone mobility (C16)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Labour market impact assessment (LMIA) exemptions (part 4 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/functional-guidance-table-contents.html" + }, + { + "id": "pdi-tr-8-9-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Functional guidance on temporary residents: Table of content — Labour market impact assessment (LMIA) exemptions", + "marginal_note": "Labour market impact assessment (LMIA) exemptions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Innovation Stream pilot – Issuance of an LMIA-exempt employer-specific work permit for foreign nationals destined to work for a Global Hypergrowth Project (GHP) employer [R205(c)(ii)] (C88)\nCharitable or religious work [R205(d)] (C50)\nReligious work (C50)\nCharitable work (C51)\nApplicants with no other means of support (R206) (S61 or S62)\nRefugee claimants (S61)\nPersons under an unenforceable removal order (S62)\nPermanent residence applicants in Canada [R207] (A70)\nSpouse or common-law partner in Canada (SCLPC) class after approval in principle\nLive-in caregivers after approval in principle\nProtected persons under subsection A95(2)\nSection A25 exemption (humanitarian and compassionate grounds)\nOpen work permits for applicants under the Interim Pathway for Caregivers\nVulnerable workers [R207.1] (A72)\nOpen work permit for vulnerable workers\nHumanitarian reasons [R208] (H81 or H82)\nDestitute students (H81)\nTemporary resident permit holders (H82)\nSpecific work situations\nOfficer quick reference guide to occupations\nUnique work situations\nAirline personnel\nBridge and tunnel authorities\nResidential summer camp counsellors\nCaribbean Agricultural Liaison Officers\nForeign camp owner or director\nFishing guides\nInterns\nInterns with international organizations recognized under the Foreign Missions and International Organizations Act\nOceans Act\nUnited States government personnel\nRail grinder operators, rail welders or other specialized track maintenance workers\nForeign freelance horse jockey\nExperts on mission, working for a United Nations office in Canada (LMIA exemption code C10)\nPublic policies, special initiatives and pilot projects\nPilot projects\nYukon Community Pilot (A75)\nRural and Northern Immigration Pilot (C15)\nRural and Northern Immigration Pilot spouses (C17)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Labour market impact assessment (LMIA) exemptions (part 5 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/functional-guidance-table-contents.html" + }, + { + "id": "pdi-tr-8-9-p6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Functional guidance on temporary residents: Table of content — Labour market impact assessment (LMIA) exemptions", + "marginal_note": "Labour market impact assessment (LMIA) exemptions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Agri-Food Pilot Program\nOpen work permit pilot for permanent residence applicants in the spouse or common-law partner in Canada (SCLPC) class\n-->\nPublic policies\nShort-term high-skilled work of 15 or 30 days – Public policy – International Mobility Program (IMP)\nPublic policy: 120-day work permit exemption for researchers\nPublic policy: Open work permits for applicants under the temporary resident to permanent resident pathway\nOpen Work Permits for Hong Kong recent graduates\nOptional open work permits for permanent residence pathways for Hong Kong residents\nPublic policy allowing certain visitors in Canada to apply for a work permit\nPublic policy on exemptions to work permit conditions when changing employment\nPublic policy to facilitate the issuance of an open work permit to former or current PGWP holders – June 13 to December 31, 2022\nPublic policy to issue an open work permit to certain PGWP holders – April 6 to December 31, 2023\nPublic policy for spouse or common-law partner in Canada class or family class applicants to apply in Canada [R205(a) – A74]]\nOpen work permits for H-1B visa holders and their family members\nPublic policy exempting temporary foreign worker apprentices in the construction sector from the study permit requirement [R188(1)] – International Mobility Program (IMP)\nPublic policy for out-of-status or unauthorized home care workers: Work permits and restoration of status\nTemporary measures for eligible Indigenous persons\nPublic Policy to facilitate work permits for prospective permanent residence applicants in Quebec\nFacilitated access to temporary residence for applicants on the pathway to permanent residence: Family reunification for Ukrainian nationals\nEmployer compliance regime\nEmployer compliance inspection", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Labour market impact assessment (LMIA) exemptions (part 6 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/functional-guidance-table-contents.html" + }, + { + "id": "pdi-tr-8-9-p7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Functional guidance on temporary residents: Table of content — Labour market impact assessment (LMIA) exemptions", + "marginal_note": "Labour market impact assessment (LMIA) exemptions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Revocation of work permit due to public policy consideration\nApplication of consequences where an employer is found non-compliant with the conditions\nAssessing the severity of violation\nPublic list of employers who have been non-compliant\nCollecting administrative monetary penalties and determining when employers are in default of payment\nExemption from the employer compliance regime for the International Mobility Program (IMP)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Labour market impact assessment (LMIA) exemptions (part 7 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/functional-guidance-table-contents.html" + }, + { + "id": "pdi-tr-9-0-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Transition table", + "marginal_note": "Transition table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe transition table below illustrates at a high level where you can find content now.\nGeneral visa requirements\nGeneral visa requirements\nChapter/OB number\nNew title/location\nOP11 - Policies Section 5: Departmental policy Section 7: Documents required\nIR1 Section 3 Countries Designated for the purposes of the Visiting Forces Act\nVisitors\nWhat is a TR visa (TRV)?\nOP11 – Types of visas Diplomatic and official visas (Section 17, Appendix A) Section 19: Courtesy visas Section 20: Facilitation visas Super visas\nVisitors\nTypes of visas\nOP11 Procedures on: Sections 7, 11 - Documents required, medical requirements\nVisitors\nIntake: process for applying\nOP11 Procedures on: Admissibility, medical, duration, dual intent, fees, processing procedures, refusals Sections 5, 8, 9, 10, 13, 16, 17, 23, Appendix E (organ donors)\nOP1, section 21 Visas and work permits\nIP6\nsection 5.10 Immigration warrant\nsection 5.2 Dual intent\nVisitors\nProcessing: eligibility / admissibility\nOP11 Procedures on: Extensions, implied status, restoration, refusals Sections 5, 24\nVisitors\nValidity, extensions and restoration of status\nOP11 Processing fees\n(Administration)\nFees and cost recovery\nImmigration fees and procedures\nOB 223C Transition of the China Transit Trial into the China Transit Program\nOB 391 Fee exemption for TR permits issued to foreign nationals in the Transit without Visa Program, the China Transit Trial and Emergency Landing Situations\nVisitors\n What is a TR visa (TRV)?\nChina Transit Program (CTP)\nOr\n(Administration)\nFees and cost recovery\nImmigration fees and procedures\nOB 306 Long Term Multiple-entry Visas\nVisitors\nTypes of visas", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Transition table (part 1 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/transition-table.html" + }, + { + "id": "pdi-tr-9-0-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Transition table", + "marginal_note": "Transition table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Three types of visas\nOr\nVisitors\nProcessing\nGuidelines for issuing single-entry or multiple-entry visas\nOB 357 Parents and Grandparents Extended Stay Temporary Resident Visa (Super Visa) and Authorized Period of Extended Stay\nVisitors\nTypes of visas\nSuper visa\nTemporary resident permits\nTemporary resident permits\nChapter/section\nNew title/location\nOP20/IP1, section 3: The Act and Regulations\nOP20/ IP1, section 4: Instruments and delegations\nLegal references related to Temporary Residents\nOP20 and IP1, section 6: definitions\nTerms and definitions related to temporary residents\nOP 20, section 5.22: Annual report to parliament OP20/IP1, section 1: What this chapter is about\nBackground and purpose\nOP20/ IP1, section 5.1: Purpose of temporary resident permits IP 1, section 8: How inland offices become aware of inadmissibility IP1, section 18.2: Loss of temporary resident status\nIntake", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Transition table (part 2 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/transition-table.html" + }, + { + "id": "pdi-tr-9-0-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Transition table", + "marginal_note": "Transition table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "OP20, section 5.6: Persons eligible for TRP IP1, section 5.5: Persons eligible for TRP IP1, section 5.6: Issuance of TRP to persons under a removal order OP20/ IP1, section 5.7: Factors to consider when issuing or extending a permit OP20/IP1, section 5.8: Assessment of need and risk OP20, section 5. 9: Provincial health insurance coverage IP 1, section 5.4/ OP 20, section 5.5: Inadmissibility IP1, section 14.3, and section 5.12 Provincial health insurance coverage IP1, section 5.14: Conditions and obligations that apply to TRP holders OP20, section 5.13: Conditions and obligations that apply to TRP holders IP1, section 12: Procedure: decision criteria: Temporary entry IP1, section 13.1: Risk assessment IP1, section 15.1: Other inadmissibility or violation, Risk assessment – cases inadmissible for reasons other than those of a medical or criminal nature IP1, section 15.3: Determining if criminal inadmissibility is minor OP 20, section 11: Inadmissible cases other than health or criminal IP1, section 18.3: Restoration of status IP1, section 18.1: A44(1) reports: if a decision is made not to refer to an admissibility hearing IP1, section 18.4: Sponsor, host or employer in Canada is not reputable IP1, section 18.7: Applicants with minor crimes who may be deemed rehabilitated OP 20, section 8: Procedure: decision criteria\nProcessing\nEligibility and assessment\nOP20, section 5.11: Interviews IP 1,section 5.9: Interviews\nInterviews and interpreters\nOP20, sections 5.14 and 17: Cost recovery IP1, section 9, Procedure: Cost recovery\nFees and cost recovery", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Transition table (part 3 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/transition-table.html" + }, + { + "id": "pdi-tr-9-0-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Transition table", + "marginal_note": "Transition table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "IP 1, section 5.10: Concurrence of decision OP 20, section 5.12: Concurrence of decision OP 20, section 9: Procedure: Inadmissibility on health grounds IP1, section 13: Inadmissibility on health grounds OP20, section 10: Procedure: criminal inadmissibility IP 1, section 14: Procedure: criminal inadmissibility OP 20, section 12: Procedure: recommendation and case summary (inadmissibility) OP20, section 5.21: Security, human rights violations, serious criminality or organized crime IP1, section 12.3: National interest cases OP20 5.16. National interest cases IP1, section 11.2: Serious criminality: temporary entry IP1, section 18.6: Frequent travellers who have not applied for rehabilitation IP1, section 20: Convention refugees in Canada OP20, section 11: Inadmissible cases other than health or criminal OP20, section 13: Retaining information: criminal inadmissibility\nProcessing\nAdditional procedures and considerations …\nIP 1, section 11.1: Case summary and recommendations: temporary entry OP20, section 15: Negative decisions OP 20, section 16: Procedure: issuing the counterfoil and arranging for the issuance of the temporary resident permit at the port of entry OP 20, section 16.3: Procedure: how many permits\nIP 1, sections 17.1-17.4: Procedure: Communicating decisions and issuing temporary resident permits OP20, section 16.8: Letter of introduction provided by the visa office OP20, section 16.7: Verification of departure\nProcessing\nFinal decisions and issuing the TRP\nOP20 section 5.4. Validity of a temporary resident permit IP1, section 5.3: Validity of a temporary resident permit IP 1, section 11.4: Period of validity for temporary entry", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Transition table (part 4 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/transition-table.html" + }, + { + "id": "pdi-tr-9-0-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Transition table", + "marginal_note": "Transition table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "IP1 section 23: Procedure: cancellation of a temporary resident permit OP20, section 5.17: Cancellation OP20, section 16.4: Procedure: validity of permit IP1, section 5.3: Validity of a TRP OP20, section 16.5: Authorization to re-enter Canada IP1, section 17.5: Leaving and re-entering Canada\nProcessing\nConditions, validity and cancelling TRPs\nIP 1, section 26: Work and study permits\nProcessing\nWork permits and study permits\nIP1, section 19: Permit extensions and section 5.16: Extensions OP 20, section 16.6: Extensions\nProcessing\nSubsequent TRPs\nIP1, section 16: Victims of human trafficking IP1, Appendix H: Interview questions and tips IP1, Appendix I: Public policy concerning payment of application fees for victims of trafficking\nProcessing\nAdditional procedures and considerations\nVictims of human trafficking\nIP1, section 20: Eligibility for permanent resident status: protected temporary residents class IP1, section 21: Eligibility for permanent resident status: permit holder class IP1, section 5.18: Granting of permanent residence to members of the permit holder class IP1, section 5.19: Ineligibility for permanent residence OP 20, section 5.18: Granting of permanent residence to members of the permit holder class OP 20, section 5.19: Permit holder class and accompanying family members OP 20, section 5.20: Break in continuity of residence IP 1, section 5.15: Break in continuity\nApplications for permanent residence", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Transition table (part 5 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/transition-table.html" + }, + { + "id": "pdi-tr-9-0-p6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Transition table", + "marginal_note": "Transition table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "IP1, section 5.2: Authority to issue a temporary resident permit IP1, section 5.11: Accountability OP20 OP 20, section 5.2: Accountability IP1, section 5.2/OP 20, section 5.3: Authority to issue a TRP IP 1, section 5.13/ OP 20,section 5.10: Third-party information IP1, section 10: Procedure: Interviews: temporary entry and permanent resident status OP 20, section 16.1: Coding inadmissible class OP 20, section 16.2: Type of case IP1, Appendix D: Type of case codes IP1, section 24: Lost or stolen permits\nAdministration", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Transition table (part 6 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/transition-table.html" + }, + { + "id": "pdi-tr-10-0-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nUse the below table to quickly reference details on occupations.\nOccupations list\nOccupational group\nJob title\nWork permit\nESDC LMIA\nDetails\nComprehensive and Progressive Trans-Pacific Partnership (CPTPP)\nBusiness visitors\nExempt [R186(a)]\nNot required\nActivities covered under article 12.4 of the CPTPP\nComprehensive and Progressive Agreement for Trans-Pacific Partnership ( CPTPP )\nIntra-company transferee – executive or senior manager\nRequired\nExempt (T51)\nExecutive or senior manager\nComprehensive and Progressive Agreement for Trans-Pacific Partnership ( CPTPP )\nIntra-company transferee – specialized knowledge\nRequired\nExempt (T55)\nSpecialist\nCPTPP\nInvestors\nRequired\nExempt (T50)\nThose seeking to establish, develop or administer an investment in a capacity that is supervisory or executive or that involves essential skills\nCPTPP\nProfessionals and technicians\nRequired\nExempt (T52)\nThose engaged in a specialty professional or technical occupation\nCPTPP\nSpouses\nRequired\nExempt (T53)\nN/A\nAccident or incident inspectors (aviation)\nAviation accident or incident inspectors\nExempt R186(r)\nNot required\nUnder authority of Canadian Transportation Accident Investigation and Safety Board Act\nAgri-Food Pilot (AFP) Program\nNon-seasonal work such as mushroom and greenhouse crop production, meat processing and livestock raising industries\nBridging open work permit (BOWP)\nA75\nThe AFP Program is an economic pilot program designed to attract experienced, non-seasonal workers who can settle in Canada.\nBOWP applications must be submitted online.\nAirline personnel\nFlight crew\nExempt R186(s)\nNot required", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 1 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-10-0-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Foreign-owned and registered aircraft or under wet lease arrangement\nAirline personnel\nFlight crew\nRequired\nRequired\nCanadian aircraft or dry lease arrangement\nAirline personnel\nOperational, ground and technical personnel\nRequired\nExempt (T11)\nIATA, ICAO, etc.\nAirline personnel\nStation managers\nRequired\nExempt (C62)\nIf they qualify as intra-company transferee\nAirline personnel\nSecurity guards\nExempt R186(s)\nNot required\nOn aircraft\nAirline personnel\nSecurity guards\nRequired\nExempt (C10)\nAt airport\nAirline Telecommunication and Information Services (SITA)\nN/A\nRequired\nExempt (T11)\nN/A\nArts and entertainment occupations\nActors, directors, performing artists, technicians, creative personnel\nRequired\nRequired (unless exempt under Essential to TV/Film Production [C14] or Performing Arts [C23])\nCanadian film, TV, theatre, and Internet or radio broadcasts\nArts and entertainment occupations\nActors, directors, performing artists, technicians, creative personnel\nExempt R186(g)\nNot required\nInterviewed for TV or radio or benefit show\nArts and entertainment occupations\nActors, directors, performing artists, technicians, creative personnel\nRequired\nExempt (T11)\nFilm co-production (international/inter-government agreement). Telefilm Canada 1.800.567.0890\nArts and entertainment occupations\nAdjudicators, artistic field\nExempt R186(m)\nNot required\nN/A\nArts and entertainment occupations\nAir show performers\nExempt R186(g)\nNot required\nN/A\nArts and entertainment occupations\nAmerican Federation of Musicians (and CFM)\nRequired\nExempt (C20)\nMay also qualify under R186(g) or Performing Arts (C23)\nArts and entertainment occupations\nBuskers, guest DJs\nExempt R186(g)\nNot required\nN/A\nArts and entertainment occupations\nCircus acts and performers (and crew)\nExempt R186(g)\nNot required", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 2 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-10-0-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If in a foreign circus\nArts and entertainment occupations\nCircus acts and performers (and crew)\nRequired\nRequired\nIf employer is Canadian\nArts and entertainment occupations\nCircus acts and performers (and crew)\nRequired\nExempt (C10)\nCirque du Soleil (exception)\nArts and entertainment occupations\nConductors\nExempt R186(g)\nNot required\nIf guest conductor with Canadian company\nArts and entertainment occupations\nConductors\nRequired\nRequired (unless exempt under Performing Arts [C23])\nIf hired full-time by Canadian orchestra\nArts and entertainment occupations\nDigital media/visual effects technicians in TV or film production\nRequired\nRequired\nN/A\nArts and entertainment occupations\nDirectors (and essential personnel of commercial or advertising shoots)\nExempt R187\nNot required\nBusiness visitors; foreign-financed (for TV, magazines or other media) for short durations (typically no longer than 2 weeks)\nArts and entertainment occupations\nFilm producers (film funded entirely from abroad)\nExempt R187\nNot required\nBusiness visitors\nArts and entertainment occupations\nFilm and recording studio users\nExempt R187\nNot required\nPurchasing services or renting equipment in Canada\nArts and entertainment occupations\nGuest artists (contracted for one or two performances)\nExempt R186(g)\nNot required\nTime-limited engagements only; including artists or musicians hired to perform at festivals, or weddings\nArts and entertainment occupations\nGuest artists under contract\nRequired\nRequired (unless exempt under Performing Arts [C23])\nFor full run of production, or for full season of the performing arts organization\nArts and entertainment occupations\nGuest appearances (on Canadian TV or radio broadcasts)\nExempt R186(g)\nNot required", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 3 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-10-0-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Such as a musical guest artist or band featured on a segment of a Canadian TV or radio broadcast.\nArts and entertainment occupations\nMusical and theatre groups or individuals and essential crew of a foreign production\nExempt R186(g)\nNot required\nN/A\nArts and entertainment occupations\nPermanent positions in performing arts venues\nRequired\nRequired\nEmployer-employee relationship\nTemporary contract to fill a Canadian employer’s permanent position for longer than 4 weeks.\nArts and entertainment occupations\nPerforming artists\nRequired\nExempt (C23)\nCanadian non-profit performing arts organizations\nPerforming artists and other creative personnel in orchestral music, opera, live theatre or dance disciplines (NOT including erotic dance), where reciprocity exists internationally and there is funding from CCA (see program guidance).\nArts and entertainment occupations\nRodeo contestants\nExempt R186(g)\nNot required\nBronco riders, steer ropers, barrel racers\nArts and entertainment occupations\nRodeo performers/sideshow\nRequired\nRequired\nRodeo clowns, announcers, horsemanship or trick riding displays, “half-time acts” and other specialty act entertainers\nArts and entertainment occupations\nWorld Wrestling Entertainment\nExempt R186(g)\nNot required\nPerformers\nPurpose of the performance must be mainly for revenue from ticket sales or from the broadcast format, such as pay-per-view (not primarily for a TV or film production)\nArts and entertainment occupations\nWorld Wrestling Entertainment\nRequired\nRequired (unless exempt under TV/Film production [C14] or Performing Arts [C23])\nFilming or broadcasting elements\nAtomic Energy of Canada Ltd.\nDistinguished scientists or post-doctoral fellows\nRequired\nExempt (C31)\nN/A\nBridge and tunnel authorities employees working in Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 4 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-10-0-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Bridge and tunnel authorities employees working in Canada\nRequired\nExempt (C20)\nAs an example, the Peace Bridge Authority manages the international crossing between Fort Erie and Buffalo and has approximately 50 US employees performing toll and administrative functions on the Canadian side of the border.\nEmployer is exempt from the employer compliance regime\nCase type: 20\nBusiness visitors\nSuch as buyers, computer specialists/system Analysts, financial services personnel, public relations/advertising personnel, trainers and trainees, translation/interpretation personnel, tour guides and bus operators\nRequired\nRequired\nHired by a Canadian employer\nBusiness visitors\nSuch as buyers, computer specialists/system analyst, financial services personnel, public relations/advertising personnel, trainers and trainees, translation/interpretation personnel, tour guides and bus operators\nExempt R186(a)\nNot required\nWorking for a foreign employer.\nPrimary source of remuneration and principal place of business remain outside Canada.\nCamp counsellors\nCamp counsellors working in day camps\nRequired\nRequired\nN/A\nCamp counsellors\nCamp counsellors working in residential camps\nRequired\nExempt (C24)\nOffer of employment must outline that their main duties will be to work as residential camp counsellors.\nCamp counsellors\nIn training\nExempt (R2)\nNot required\nDo not meet definition of work if they are paying the same fee as other campers.\nCamp counsellors\nVolunteer\nRequired\nExempt (C24)\nFor camp counsellors who are unpaid, who work for charitable or religious organizations and whose main duties are religious or charitable in nature. See guidelines for R205(b). May be fee exempt.\nCanada-Chile Free Trade Agreement\nBusiness visitors\nExempt R186(a)\nNot required", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 5 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-10-0-p6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Activities covered by CCFTA Appendix K-03.I.1\nCanada-Chile Free Trade Agreement\nIntra-company transferee – executive or senior manager\nRequired\nExempt (F23)\nExecutive or senior manager\nCanada-Chile Free Trade Agreement\nIntra-company transferee – specialized knowledge\nRequired\nExempt (F24)\nSpecialized knowledge\nCanada-Chile Free Trade Agreement\nInvestors\nRequired\nExempt (F21)\nOwner, executive, supervisor or essential skill position\nCanada-Chile Free Trade Agreement\nProfessionals\nRequired\nExempt (F22)\nProfessionals identified in CCFTA Appendix K-03.IV.1\nCanada-Chile Free Trade Agreement\nTraders\nRequired\nExempt (F20)\nExecutive, supervisory or essential skills\nCanada-Colombia Free Trade Agreement\nBusiness visitors\nExempt R186(a)\nNot required\nN/A\nCanada-Colombia Free Trade Agreement\nIntra-company transferee –executive or senior manager\nRequired\nExempt (F13)\nEmployed continuously by the enterprise for 6 months within the 3-year period immediately preceding the date of application for admission.\nCanada-Colombia Free Trade Agreement\nIntra-company transferee – specialized knowledge\nRequired\nExempt (F15)\nEmployed continuously by the enterprise for 6 months within the 3-year period immediately preceding the date of application for admission.\nCanada-Colombia Free Trade Agreement\nInvestors\nRequired\nExempt (F11)\nOwner, executive, supervisor or essential skill position.\nCanada-Colombia Free Trade Agreement\nProfessionals or technicians\nRequired\nExempt (F12)\nSee Canada-Peru FTA for same list of professionals NOT covered and list of technicians covered.\nCanada-Colombia Free Trade Agreement\nTraders\nRequired\nExempt (F10)\nExecutive, supervisory or essential skills.\nCanada-Colombia Free Trade Agreement\nSpouses\nRequired\nExempt (T25)\nN/A", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 6 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-10-0-p7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Canada-European Union Comprehensive Economic and Trade Agreement (CETA)\nBusiness visitors\nExempt R186(a)\nNot required\nN/A\nCanada-European Union Comprehensive Economic and Trade Agreement (CETA)\nIntra-corporate (company) transferee – executive or senior manager\nRequired\nExempt (T44)\nHave been employed by an enterprise or have been a partner in the enterprise for one year.\nCanada-European Union Comprehensive Economic and Trade Agreement (CETA)\nIntra-corporate (company) transferee – graduate trainee\nRequired\nExempt (T42)\nHave been employed by an enterprise or have been a partner in the enterprise for one year.\nCanada-European Union Comprehensive Economic and Trade Agreement (CETA)\nIntra-corporate (company) transferee – specialized knowledge\nRequired\nExempt (T41)\nHave been employed by an enterprise or have been a partner in the enterprise for one year.\nCanada-European Union Comprehensive Economic and Trade Agreement (CETA)\nInvestors\nRequired\nExempt (T46)\nWill establish, develop, or administer the operation of an investment in a capacity that is supervisory or executive.\nCanada-European Union Comprehensive Economic and Trade Agreement (CETA)\nContractual service providers\nRequired\nExempt (T47)\nEngaged in the temporary supply of a service not to exceed 12 months and in accordance with the annex 10-E concordance table.\nCanada-European Union Comprehensive Economic and Trade Agreement (CETA)\nIndependent professionals\nRequired\nExempt (T43)\nEngaged in the temporary supply of a service not to exceed 12 months and in accordance with the annex 10-E concordance table.\nCanada-European Union Comprehensive Economic and Trade Agreement (CETA)\nSpouses of intra-corporate (company) transferees (T41, T42 or T44)\nRequired\nExempt (T45)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 7 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-10-0-p8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Eligible for an open work permit for the same duration as their spouse’s work permit.\nCanada-Korea Free Trade Agreement\nBusiness visitors\nExempt R186(a)\nNot required\nAfter-sales service also includes after-lease service. Not included (different from CUSMA) are harvest owners, customs brokers and tour bus operators.\nCanada-Korea Free Trade Agreement\nIntra-company transferee – executive or senior manager\nRequired\nExempt (F33)\nExecutive, managerial,\nCanada-Korea Free Trade Agreement\nIntra-company transferee – management trainee\nRequired\nExempt (F34)\nDifferent from CUSMA: category expanded to also include “management trainee on professional development.”\nCanada-Korea Free Trade Agreement\nIntra-company transferee – specialized knowledge\nRequired\nExempt (F35)\nSpecialized knowledge.\nCanada-Korea Free Trade Agreement\nInvestors\nRequired\nExempt (F31)\nOwner, executive, supervisor or essential skill position.\nCanada-Korea Free Trade Agreement\nProfessionals\nRequired\nExempt (F32)\nContract service supplier or independent professional: providing pre-arranged professional service only. Professions identified in FTA Appendix 12-A-2.\nCanada-Korea Free Trade Agreement\nTraders\nRequired\nExempt (F30)\nExecutive, supervisory or essential skills.\nCanada-Korea Free Trade Agreement\nSpouses\nRequired\nExempt (F36)\nN/A\nCanada-Panama Free Trade Agreement\nBusiness visitors\nExempt 186(a) and 187\nWork permit exempt\nApplicants must possess the necessary documents\nCanada-Panama Free Trade Agreement\nProfessionals\nRequired\nExempt (F42)\nApplicants must possess the necessary documents\nCanada-Peru Free Trade Agreement (citizens and PRs)\nBusiness visitors\nExempt R186(a)\nNot required\nN/A\nCanada-Peru Free Trade Agreement (citizens and PRs)\nIntra-company transferee – executive or senior manager\nRequired\nExempt (F53)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 8 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-10-0-p9", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Employed continuously by the enterprise for six months within the three-year period immediately preceding the date of application for admission.\nCanada-Peru Free Trade Agreement (citizens and PRs)\nIntra-company transferee – Management trainee\nRequired\nExempt (F54)\nEmployed continuously by the enterprise for six months within the three-year period immediately preceding the date of application for admission.\nCanada-Peru Free Trade Agreement (citizens and PRs)\nIntra-company transferee – specialized knowledge\nRequired\nExempt (F55)\nEmployed continuously by the enterprise for six months within the three-year period immediately preceding the date of application for admission.\nCanada-Peru Free Trade Agreement (citizens and PRs)\nInvestors\nRequired\nExempt (F51)\nOwner, executive, supervisor or essential skill position.\nCanada-Peru Free Trade Agreement (citizens and PRs)\nProfessionals and technicians\nRequired\nExempt (F52)\nSee list of professionals NOT covered and list of technicians covered under Professionals and Technicians .\nCanada-Peru Free Trade Agreement (citizens and PRs)\nTraders\nRequired\nExempt (F50)\nExecutive, supervisory or essential skills.\nCanada – USA – Mexico Agreement ( CUSMA )\nBusiness visitors\nExempt R186(a)\nNot required\nActivities covered by CUSMA Appendix 1603.A.1\nCanada – USA – Mexico Agreement ( CUSMA )\nIntra-company transferee – executive, senior or functional manager\nRequired\nExempt (T37)\nExecutive, or senior manager\nCanada – USA – Mexico Agreement ( CUSMA )\nIntra-company transferee – specialized knowledge\nRequired\nExempt (T38)\nSpecialized knowledge\nCanada – USA – Mexico Agreement ( CUSMA )\nInvestors\nRequired\nExempt (T35)\nOwner, executive, supervisor or essential skill position\nCanada – USA – Mexico Agreement ( CUSMA )\nProfessionals\nRequired\nExempt (T36)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 9 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-10-0-p10", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Professions identified in CUSMA Appendix 1603.D.1\nCanada – USA – Mexico Agreement ( CUSMA )\nTraders\nRequired\nExempt (T34)\nExecutive, supervisory or essential skills\nCaregivers not part of the Live-in Caregiver Program\nCaregivers\nRequired\nRequired\nN/A\nCaregivers whose permanent residence application is submitted under the Home Child Care Provider Pilot (HCCPP) or Home Support Worker Pilot (HSWP)\nCaregivers, National Occupational Classification (NOC) specific (NOC 44100 or 44101)\nRequired\nExempt (C90)\nOccupation-restricted open work permit Work permit fee required\nCivil aviation inspectors\nCivil aviation inspectors\nExempt [R186(q)]\nNot required\nEmployed by recognized aeronautical authority\nConventions, exhibitions and meetings\nDelegates/attendees\nExempt R186(a)\nNot required\nTo attend a conference or a meeting\nConventions, exhibitions and meetings\nExhibitors\nExempt R187(2)c\nNot required\nSales aimed at wholesalers, retailers and institutions. Displays only or sales to others than the general public\nConventions, exhibitions and meetings\nExhibitors\nRequired\nExempt (C10)\nExhibitors of all nationalities who want to sell foreign-made goods to the general public and deliver them at the time of the sale.\nConventions, exhibitions and meetings\nGuest speakers or Seminar Leaders\nExempt R186(j)\nNot required\nSeminar does not last longer than 5 days\nConventions, exhibitions and meetings\nShow/event service contractors\nRequired\nRequired\nAll foreign service providers working under contract to Canadian events\nConventions, exhibitions and meetings\nOrganizers/planners/\nadministrative support staff\nExempt R186(k)\nNot required\nDoes not apply to “hands-on” service providers or to Canadian events\nCooperative Waterfowl Survey and Branding Program\nBiologists, research personnel and airline pilots", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 10 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-10-0-p11", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Exempt R186(a)\nNot required\nProgram conducted by the Canadian Wildlife Service and the United States Fish and Wildlife Service\nCrew\nMaritime, air, highway and rail\nExempt R186(s)\nNot required\nInternational transport, vehicles of foreign ownership and registry (limits on loading/unloading). Work permit and LMIA may be required in specific circumstances\nCrew\nDrivers: bus, moving van, pilot cars, etc.\nExempt R186(s)\nNot required\nGoods/passengers between Canada and foreign country. Work permit and LMIA may be required in specific circumstances\nDiplomats and officials accredited to Canada\nForeign representatives\nExempt R186(b)\nNot required\nMust be accredited by GAC Office of Protocol\nDiplomats and officials accredited to Canada\nFamily of accredited foreign representatives\nExempt R186(c)\nNot required\nRequire GAC Office of Protocol \"no objection\" letter\nDiplomats and officials accredited to Canada\nService staff or private servant of high-level members of diplomatic mission\nExempt R186(b)\nNot required\nMust be approved by GAC Office of Protocol\nDiplomats and officials accredited to Canada - staff\nLocally engaged staff\nRequired\nExempt (C20)\nRequire GAC Office of Protocol \"no objection\" letter\nDirect sales organizations\nBusiness visitors\nExempt R186(a)\nNot required\nTraining/motivation, assisting recruits, taking orders\nEducational institutions (Canadian)\nCanada research chair positions\nRequired\nExempt (C31)\nNominated for their research excellence; partially or wholly funded by federal or provincial governments\nEducational institutions (Canadian)\nEvaluators and examiners\nExempt R186(n)\nNot required\nN/A\nEducational institutions (Canadian)\nGraduate assistants\nExempt R186(f)\nNot required\nOn-campus work\nEducational institutions (Canadian)\nGuest lecturers\nRequired\nExempt (C22)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 11 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-10-0-p12", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Period of less than 1 academic term/semester\nEducational institutions (Canadian)\nPost-doctoral fellows\nRequired\nExempt (C44)\nN/A\nEducational institutions (Canadian)\nAcademic award recipients\nRequired\nExempt (C52)\nN/A\nEducational institutions (Canadian)\nTeachers: preschool, elementary and secondary\nRequired\nExempt (C22**)\n**If reciprocal employment agreement exists\nEducational institutions (Canadian)\nFamily members of exchange teachers\nRequired\nExempt (C20)\nWhere reciprocity exists. Australian and British\nEducational institutions (Canadian)\nVisiting professors\nRequired\nExempt (C22)\nNot more than 2 academic years\nEmergency repair personnel or preventative repairs for out-of-warranty equipment\nRepair personnel\nRequired\nExempt (C13)\nFor industrial or commercial equipment, preventing disruption\nEmergency services (protection of life or property)\nEmergency service providers\nExempt R186(t)\nNot required\nNatural disasters such as floods, tornadoes, earthquakes, and fires.\nIndustrial or commercial accidents threatening the environment.\nMedical emergency to preserve life regardless of whether it involves one or more persons.\nEmergency services (protection of life or property)\nEmergency Preparedness Canada\nExempt R186(t)\nNot required\nN/A\nEmergency services (protection of life or property)\nConditions not urgent but covered by agreement\nRequired\nExempt (T11)\nAgreements with Public Safety Canada\nEntrepreneurs/self-employed persons\nEntrepreneurs/self-employed workers\nRequired\nExempt (C11)\nTemporary/seasonal; providing jobs/significant benefit\nEssential workers for the production stage of television and film\nEssential workers for the production stage of television and film\nRequired\nExempt (C14)\nThe work must be", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 12 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-10-0-p13", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "- essential to a live-action TV or film project in the production stage (filming)\n- high wage\n- unionized\nExpert witnesses or investigators\nExpert witnesses or investigators\nExempt R186(o)\nNot required\nN/A\nFarm workers\nFarm workers\nRequired\nRequired\nIncludes Caribbean/Mexican seasonal workers\nFarm workers\nSelf-employed (e.g., harvester owners)\nExempt (not \"work\"), R2\nNot required\nSupervising harvesting crew admitted under the applicable law.\nFederal economic class\nBridging open work permits for certain federal economic class applicants\nRequired\nExempt (A75)\nMust have valid status on a work permit; must have received a positive eligibility assessment on their permanent residence application under one of the eligible economic class programs.\nFishing guides\nFishing guides\nRequired\nExempt (C20)\nAt border lakes\nFishing guides\nFishing guides\nRequired\nRequired\nCanadian employer or on Canadian lakes\nFishing guides\nSelf-employed (where no employer on either side exists)\nRequired\nExempt (C11)\nIf activities attract tourism or benefit for Canadians and PRs\nForeign camp owners/directors (and spouse), and outfitters\nForeign camp owners/directors and outfitters\nRequired\nExempt (C11)\nN/A\nForeign government officials not accredited by GAC\nForeign government officials stationed in Canada\nRequired\nRequired\nIn some cases, LMIA Exemption C62 or C63 can apply for senior officials of semi-official agencies who meet R205(a) requirements\nForeign government officials not accredited by GAC\nForeign government officials seeking temporary entry\nExempt R186(a)\nNot Required\nIncludes government officials seeking to meet with foreign partners for meetings\nAtlantic Immigration Programs (AIP)\nForeign nationals seeking entry under the AIP\nRequired\nExempt (C18)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 13 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-10-0-p14", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Foreign nationals cannot apply at the port of entry\nGeneral Agreement on Trade in Services (GATS)\nBusiness visitors\nExempt R186(a)\nNot required\nN/A\nGeneral Agreement on Trade in Services (GATS)\nIntra-company transferees – executives, senior managers and functional managers\nRequired\nExempt (C62)\nExecutives, senior managers and functional managers\nGeneral Agreement on Trade in Services (GATS)\nIntra-company transferees – specialized knowledge\nRequired\nExempt (C63)\nSpecialized knowledge\nGeneral Agreement on Trade in Services (GATS)\nIntra-company transferees - employees starting a qualifying business\nRequired\nExempt (C61)\nEmployees starting a qualifying business\nGeneral Agreement on Trade in Services (GATS)\nProfessionals (groups 1 and 2)\nRequired\nExempt (T33)\nEngineers, agrologists, architects, forestry and geomatics professionals, land surveyors, foreign legal consultants, urban planners, senior computer specialists\nGlobal Skills Strategy\nWorkers with job offer under TEER 0 or 1\nExempt under public policy short-term work permit exemption\nNot required\nWorker coming to work for 15 consecutive calendar days or less and 6 months have passed since the first day of work under the previous use of this exemption.\nOr for 30 days or less (16-30 days) and 12 months have passed since the first day of work under the previous use of this exemption\nWorkers who have a job offer under TEER 0 or 1 but who are coming for a longer period may be eligible to the priority processing of work permits under GSS\nGlobal Skills Strategy\nResearchers (coming to work at a publicly funded, degree-granting institution at the college or university level or affiliated research institution)\nExempt under public policy 120-day work permit exemption for researchers\nNot required", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 14 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-10-0-p15", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Researchers coming to perform work for 120 consecutive calendar days or less and 12 months have passed since the first day of work under the previous use of this exemption\nGovernment officers (foreign)\nGovernment officers (foreign)\nExempt R186(e)\nNot required\nOfficers coming to work for a department or agency of the Government of Canada or of a province\nGovernment officers (foreign)\nFamily members\nRequired\nExempt (C20)\nWhere reciprocity exists\nGovernment officers (foreign)\nFamily members\nRequired\nRequired\nWhere reciprocity does not exist. May qualify as spouse of skilled worker (C41)\nGuest speakers\nPublic speakers\nExempt R186(j)\nNot required\nIncludes academic speakers and commercial speakers (event must be less than 5 days)\nHousehold service workers\nN/A\nRequired\nRequired\nMay be work permit exempt if working for a foreign representative. See Diplomats and Officials.\nInternational Experience Canada\nInternational Co-op (internship) (ICP)\nRequired\nExempt (C21)\nFor students only. Employer-specific work permit. Work permit fee exempt but required to pay IEC fee\nInternational Experience Canada\nWorking Holiday (WHP)\nRequired\nExempt (C21)\nTravel and work. Open work permit. Work permit fee exempt, but are required to pay the IEC fee and the open work permit holder fee\nInternational Experience Canada\nYoung Professionals (YPP)\nRequired\nExempt (C21)\nCareer development. Employer-specific work permit. Work permit fee exempt, but are required to pay the IEC fee.\nInternational Air Transport Association (IATA)\nOfficers, employees or specialists contracted to IATA\nRequired\nExempt (T11)\nN/A\nInternational Development Research Centre of Canada\nResearchers\nRequired\nExempt (C31)\nTemporary basis, research\nInternational Pacific Halibut Commission\nSea and port samplers\nRequired\nExempt (T11)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 15 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-10-0-p16", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Entry pursuant to the Pacific Halibut Fishery Regulations (Canada/US Agreement)\nInterns (foreign students studying or associated with institutions abroad)\nInterns\nRequired\nRequired\nN/A\nInterns (foreign students studying or associated with institutions abroad)\nSelf-funded researchers\nExempt R186(a)\nNot required\nConducting independent research or research for a foreign entity. Must not displace Canadian or PR workers. Canadian institution must not receive remuneration for the research\nInterns (foreign students studying or associated with institutions abroad)\nPost-doctoral fellows awarded a Ph.D. (C44)\nAcademic award recipients (C52)\nForeign medical (or dental) residents and medical research fellows (C45)\nRequired\nExempt (C44, C45 or C52)\nWork related to public policy, competitiveness and economy (R205(c)(ii))\nInterns (foreign students studying or associated with institutions abroad)\nReciprocal employment\nRequired\nExempt (C20)\nCultural agreements; also includes some internships at foreign missions or international organizations.\nInterns (foreign students studying or associated with institutions abroad)\nInterns under international co-op category\nRequired\nExempt (C21)\nInternational Experience Canada\nInterns (foreign students studying or associated with institutions abroad)\nCharitable or religious workers\nRequired\nExempt\nReligious (C50)\nCharitable (C51)\nCarrying out duties for a Canadian charitable or religious organization when the duties are of a charitable or religious nature.\nInterns with international organizations recognized under the Foreign Missions and International Organizations Act\nInterns\nRequired\nExempt (C10)\nFee exemption code “EC1”\nEmployer is not required to submit an offer of employment through the portal.\nCase type 60\nIntra-company transferees", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 16 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-10-0-p17", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Executive, Senior manager or functional managers\nRequired\nExempt (C62) or various for FTA\nExecutives/ Senior managers, Functional managers\nIntra-company transferees\nSpecialized knowledge workers\nRequired\nExempt (C63) or various for FTA\nSpecialized knowledge workers\nIntra-company transferees\nStarting a qualifying business in Canada\nRequired\nExempt (C61)\nStarting a new branch or affiliate of an existing global company in Canada\nJamaica: Seasonal Agricultural Program, Liaison Officers\nJamaican Liaison Officers\nRequired\nExempt (C10)\nAppointed to work at the Jamaican Liaison Service office in Toronto.\nJudges (amateur sport and cultural competitions)\nJudges, referees and similar officials\nExempt R186(m)\nNot required\nAlso see Sports, Occupations in\nLive-in caregivers\nLive-in caregivers\nRequired\nRequired\nLMIA applications must have been received on or before November 30, 2014.\nLive-in caregivers\nEligible under in-Canada PR class\nRequired\nExempt (A70)\nIncludes family members in Canada\nMedia (working for foreign companies)\nAnnouncers and broadcasters (as part of foreign crew)\nExempt R186(i)\nNot required\nN/A\nMedia (working for foreign companies)\nBlimps (and crew)\nExempt R186(i)\nNot required\nN/A\nMedia (working for foreign companies)\nNews correspondents and reporters\nExempt R186(i)\nNot required\nN/A\nMedia (working for foreign companies)\nNews reporting crews\nExempt R186(i)\nNot required\nN/A\nMedia (working for foreign companies)\nMedia crews on tourism promotional tours\nRequired\nExempt (C10)\nNorth American Media Crews, < 3 weeks\nMedia (working for foreign companies)\nMedia crews on tourism promotional tours\nRequired\nRequired\nNorth American media crews, > 3 weeks\nMedia (working for foreign companies)\nMedia crews on tourism promotional tours\nRequired\nExempt (C10)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 17 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-10-0-p18", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Non-North American media crews, < 6 weeks\nMedia (working for foreign companies)\nMedia crews on tourism promotional tours\nRequired\nRequired\nNon-North American media crews, > 6 weeks\nMedical professions\nHealth care students: clinical clerkships\nExempt R186(p)\nNot required\nRequires medical exam R30(1)(a)(ii)\nMedical professions\nInterns\nRequired\nRequired\nN/A\nMedical professions\nMedical fellowship holders\nRequired\nExempt (C45)\nN/A\nMedical professions\nMedical (or dental) residents\nRequired\nExempt (C45)\nN/A\nMilitary personnel\nInternational Training Programs, non-VFA participants\nExempt (not \"work\")\nNot required\nRequires a study permit if more than 6 months. May require a TRV\nMilitary personnel\nMilitary Training Assistance Program, non-VFA\nExempt (not \"work\")\nNot required\nRequires a study permit if more than 6 months. May require a TRV\nMilitary personnel\nNATO\nExempt R186(d)\nNot required\nIncludes civilian component\nMilitary personnel\nNATO\nOptional for facilitation\nExempt (T11)\nIf staying long term\nMilitary personnel\nVisiting Forces Act (VFA)\nExempt R186(d)\nNot required\nOther exemptions (passport, TRV, medical) may apply\nMilitary personnel\nVisiting Forces Act (VFA)\nOptional for facilitation\nT11\nFees Exempt, Employer compliance exempt,\nOther exemptions (passport, TRV, medical) may apply\nBiometrics required\nMilitary personnel\nFamily members\nRequired\nExempt (C20)\nWhere reciprocity exists. Require a \"letter of approval of employment\" from DND\nMilitary personnel\nFamily members\nRequired\nRequired or exempt C41\nWhere reciprocity does NOT exist. May also qualify as spouse of skilled workers under C41.\nNational Research Council of Canada (NRC)\nDistinguished scientists or scholars\nRequired\nExempt (C31)\nComing to participate in research for the NRC\nNatural Resources Canada (NRCan)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 18 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-10-0-p19", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Distinguished scientists or scholars\nRequired\nExempt (C31)\nScientists participating in NRCan’s Postdoctoral Research Pilot Program (PRP)\nNatural Sciences and Engineering Research Council\nDistinguished scientists or scholars\nRequired\nExempt (C31)\nComing to participate in research for NSERC\nOceans Act (working aboard marine installation)\nConducting work within Canada’s 12-mile territorial limit\nRequired\nRequired\nConsidered to be \"in Canada\"\nOceans Act (working aboard marine installation)\nConducting work within 12-200-mile Exclusive Economic Zone (EEZ)\nRequired\nRequired\nConsidered to be \"in Canada\"\nOceans Act (working aboard marine installation)\nVessels operating within the EEZ and NOT \"attached to\" or anchored to seabed OR on or under any artificial island constructed, erected or placed on the continental shelf or seabed.\nNot required\nNot required\nNot considered to be \"in Canada\"\nOceans Act (working aboard marine installation)\nVessels operating beyond the 200-mile zone\nNot required\nNot required\nNot considered to be \"in Canada\"\nOECD (exchange arranged in Canada through the Public Service Commission)\nN/A\nRequired\nExempt (T11)\nMay qualify for WP exemptions under R186(e)\nOpen work permit pilot program for permanent residence applicants in the spouse or common-law partner in Canada (SCLPC) class\nApplicants in the spouse or common-law partner in Canada class\nRequired\nA74\nMust have submitted a complete PR application\nPacific Salmon Commission (PSC)\nSamplers and scientists\nRequired\nExempt (T11)\nN/A\nPersons subject to an unenforceable removal order\nN/A\nRequired\nExempt (S62)\nWP processing fee required\nOpen WP holder fee exempt\nPublic policy, competitiveness and economy\nSpouses or common-law partners of skilled workers\nValid work permit OR", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 19 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-10-0-p20", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "authorized to work in Canada without a permit under the authority of section R186, except R186(w)\nC41\nSpouses or common-law partners of Atlantic Immigration Program (AIP) work permit holders\nSpouses or common-law partners of Quebec selection certificate (CSQ) holders\nSpouses or common-law partners of provincial nominees\nSpouses or common-law partners of bridging open work permit (BOWP) holders\nSpouses or common-law partners of open work permit holders other than BOWP\nPublic policy, competitiveness and economy\nForeign medical (or dental) residents and medical research fellows\nRequired\nC45\nWages must be paid from non-public source\nProfessionals\nSuch as accountants, architects, consultants, computer specialists/systems analyst, designers (graphic, industrial, interior, urban planners), engineers, insurance, legal and medical professionals, managers, scientists, teachers\nRequired\nRequired\nHired by a Canadian employer\nProfessionals\nEntering under CUSMA or other FTA\nRequired\nExempt (CUSMA -T36) or various FTAs\nProfessions identified in the respective agreement. See Canada – USA - Mexico Free Trade Agreement (CUSMA), Canada-Chile FTA, Canada-Peru FTA, Canada-Colombia FTA, Canada-Korea FTA\nProfessionals\nEntering under the Canada-European Union FTA\nRequired\nExempt (T43)\nIndependent profession identified in the agreement\nProfessionals\nGATS Professionals (Groups 1 and 2)\nRequired\nExempt (T33)\nEngineers, agrologists, architects, forestry and geomatics professionals, land surveyors, foreign legal consultants, urban planners, senior computer specialists\nProtected persons (in-Canada class)\nN/A\nRequired\nExempt (A70)\nIncludes family members in Canada\nProvincial nominees (for PR)\nN/A\nRequired\nExempt (T13)\nN/A\nQuebec", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 20 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-10-0-p21", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Quebec Selection Certificate (CSQ), Work permit for certain CSQ holders currently in Quebec\nRequired\nExempt (A73)\nWork permit is valid for the duration of the job offer and cannot exceed two 2 years; possibility to extend for a year on a case-by-case basis; Oonly employer specific work permits are to be issued (no open work permits)\nNot allowed to apply at the POE.\nRail grinders (Sperry or other specialized track maintenance)\nRail grinders (Sperry or other specialized track maintenance)\nRequired\nExempt (C10)\nUnder contract to Canadian company\nReciprocal programs not listed\nN/A\nRequired\nExempt (C20)\nReciprocity demonstrated by Canadian employer\nRefugee claimants\nN/A\nRequired\nExempt (S61)\nFee exempt\nReligious workers\nClergy and related workers\nExempt R186(l)\nNot required\nN/A\nReligious workers\nMissionaries\nExempt R186(l)\nNot required\nN/A\nReligious workers\nPersons who carry out non-spiritual roles\nRequired\nExempt (C50)\nMay be fee exempt\nRoosevelt Campobello International Park\nN/A\nRequired\nExempt (T11)\nFee exempt. Offer of employment from the Park’s Commission required\nSales representatives/agents\nSales negotiations\nExempt R187(2)(c)\nNot required\nTaking orders/negotiating contracts for goods/services. In some situations, a work permit may be required.\nSales representatives/agents\nSales to the general public\nRequired\nRequired\nN/A\nScientific and Technical Cooperation Agreement between Canada and Germany\nN/A\nRequired\nExempt (T11)\nN/A\nServants/personal assistants with visiting employer\nServants/personal assistants\nExempt R187(3)(a)(b)\nNot required\nBusiness visitor, unless employer stays >6 months\nSport, Occupations in\nAthletes\nExempt R186(h)\nNot required\nAmateur (includes Junior A, B Hockey)\nSport, Occupations in\nAthletes\nExempt (not \"work\")\nNot required", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 21 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-10-0-p22", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Individual competitions (for prize money)\nSport, Occupations in\nAthletes\nRequired\nExempt ( C24 )\nProfessional or semi-professional - Canadian-based team\nSport, Occupations in\nAthletes\nExempt R186(h)\nNot required\nProfessional or semi-professional - foreign-based team\nSport, Occupations in\nAthletes\nExempt R186(h)\nNot required\nProfessional or semi-professional - coming for trials, before contract is awarded\nSport, Occupations in\nAthletes\nRequired\nExempt ( C24 )\nProfessional or semi-professional - coming for trials, once contract is signed\nSport, Occupations in\nAthletes\nExempt R186(h)\nNot required\nRacing car drivers\nSport, Occupations in\nAthletes\nExempt R186(h)\nNot required\nRecreation athletes\nSport, Occupations in\nCoaches\nRequired\nExempt ( C24 )\nCanadian employer\nSport, Occupations in\nCoaches\nExempt R186(h)\nNot required\nForeign employer\nSport, Occupations in\nDog handlers\nExempt R186(h)\nNot required\nPet owners entering their own animals in a show\nSport, Occupations in\nHorse racing: jockeys - western provinces and Ontario ,\nRequired\nRequired\nExempt (C11)\nCanadian-based stables in western provinces and Ontario only are LMIA-exempt\nSport, Occupations in\nHorse racing: jockeys, agents, & stable personnel ,\nExempt R186(h)\nNot required\nForeign-based stables\nSport, Occupations in\nOfficials\nExempt R186(m)\nNot required\nReferees, umpires, judges - international amateur sporting event\nSport, Occupations in\nOfficials\nRequired\nRequired**\nReferees, umpires, judges - professional/semi-professional events\n**Unless reciprocity exists, then C20\nSport, Occupations in\nTrainers and sports therapists\nRequired\nExempt ( C24 )\nCanadian employer\nSport, Occupations in\nTrainers and sports therapists\nExempt R186(h)\nNot required\nForeign employer\nSpouses of", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 22 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-10-0-p23", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Temporary skilled workers (spouses or common-law partners only)\nRequired\nExempt (C41)\nSpouses or common-law partners of valid work permit holders OR authorized to work in Canada without a permit under the authority of section R186, except R186(w).\nSee requirements for specific situations.\nSpouses of\nAtlantic Immigration Program (AIP) work permit holders\nRequired\nExempt (C41)\nSpouses of\nStudy permit holders\nRequired\nExempt C42\nThe dependent spouse or common-law partner should be providing documentary evidence\nSpouses of\nHolders of work permits in the Post-Graduation Work Permit Program\nRequired\nExempt (C41)\nStudents\nDestitute\nRequired\nExempt (H81)\nIf on-campus employment [R186(f)] is insufficient\nStudents\nPost-secondary co-op\nRequired\nExempt (C32)\nTemporary employment that is an essential part of post-secondary course of study. Course requirement for designated Canadian institutions. The work cannot form more than 50% of the total program of study.\nStudents\nSecondary school co-op\nRequired\nExempt (C33)\nTemporary employment that is an essential part of a program at the secondary level. Includes vocational training programs offered by a designated learning institution in Quebec\nStudents\nOff-campus\nExempt R186(v)\nNot required\nUp to 20 hours a week during regular academic year and full time during scheduled breaks. \nStudents\nOff campus – transition from study to work permit\nExempt R186(w)\nNot required\nAllow students who have completed their program of study to work while waiting for a decision on their post-grad work permit application. \nStudents\nOn-campus\nExempt R186(f)\nNot required\nFull-time students as per R186(v).\nStudents\nPost-graduate work permit\nRequired\nExempt (C43)\nWithin 180 days of completion of studies\nStudents", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 23 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-10-0-p24", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Officer quick reference guide to occupations", + "marginal_note": "Officer quick reference guide to occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Spouses/common-law partners of study permit holders\nRequired\nExempt (C42)\nStudy permit holder must be full-time student in a PGWP eligible program\nTemporary resident permit holders\nN/A\nRequired\nExempt (H82)\nTRP must be valid for at least 6 months\nUSA government personnel\nOfficial US government personnel: Supervisory staff\nUSCIS inspectors\nUS customs inspectors\nInternational Joint Commission employees and others\nUS Internal Revenue Service (IRS) employees\nRequired\nExempt (T11)\nEmployer is exempt from the employer compliance regime\nWork permit case type 20 must be entered manually- (not 22-Official)\nThe occupational codes are as follows:\nSupervisory staff: NOC 43203\nUSCIS inspectors: NOC 43203\nUS customs inspectors: NOC 43203\nUS grain inspectors: NOC 22111\nInternational Joint Commission employees and others: NOC 21120\nUS IRS employees: NOC 12104\nFamily members may obtain open or unrestricted work permits .\nUSA government personnel\nBusiness visitors\nExempt R186(a)\nNot required\nShort-term entry\nUSA government personnel\nFamily members of US government personnel\nRequired\nExempt (C20)\nFee exempt under code (E03)\nOpen work permits for vulnerable workers\nVulnerable workers\nRequired\nOpen work permit\nR207.1\nA72\nCase-type: 20\nDefinition of abuse in section R196.2\nSpecial program code: VWOWP – in Canada applications only\nVolunteers\nVolunteers if incidental to main purpose of entry\nExempt (not work)\nNot required\nSee definition of work .\nYukon Community Pilot (YCP)\nForeign national\nRequired\nYCP work permit\nCase-type 20\nExempt\nA75", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Officer quick reference guide to occupations (part 24 of 24)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/officer-quick-reference-guide-occupations.html" + }, + { + "id": "pdi-tr-11-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Steps to determine work and assessment of work permit applications", + "marginal_note": "Steps to determine work and assessment of work permit applications", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: Some Entry/Exit information can be accessed in GCMS by conducting a query through the application screen. Since February 26, 2019, all land entry and exit records (on all travellers, including Canadian and US citizens) and all air entry records are available. The Canada Border Services Agency (CBSA) started to onboard air carriers between June 2020 and June 2021 to obtain air exit information. As of June 2021, all air exit information is available through a query in GCMS. Entry/exit information can be used to assess residence and to check for overstays. Data is collected point forward and not available for records that predate February 26, 2019.\nThis section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe following procedures take officers through the decision-making process, from determining if the activity is work to the documentation required:\nStep 1: Is the activity considered work?\nStep 2: Is a work permit required?\nStep 3: Is the employer genuine and eligible to employ foreign nationals?\nStep 4: Is the foreign national eligible to be issued a work permit?\nStep 5: Are there any factors prohibiting work permit issuance? [R200(3)]", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Steps to determine work and assessment of work permit applications", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/steps-determine-work-assessment-work-permit-application.html" + }, + { + "id": "pdi-tr-11-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Steps to determine work and assessment of work permit applic — Step 1: Is the activity considered work?", + "marginal_note": "Step 1: Is the activity considered work?", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "“Work” [ R2 ] an activity for which wages are paid or commission is earned, or that competes directly with activities of Canadian citizens or permanent residents in the Canadian labour market.\nFor more detailed instruction review: What is work?\nIf the activity is work, proceed to Step 2.\nIf the activity is not work, assess the foreign worker as a temporary resident.\nFor further instructions on assessing temporary residents see the following:\nPort of entry examination ( PDF , 1.52 MB )\nEligibility for extending temporary resident status", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Step 1: Is the activity considered work?", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/steps-determine-work-assessment-work-permit-application.html" + }, + { + "id": "pdi-tr-11-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Steps to determine work and assessment of work permit applic — Step 2: Is a work permit required?", + "marginal_note": "Step 2: Is a work permit required?", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Review if the foreign national’s occupation or activity falls within the requirements of those authorized to work without a work permit under section 186 of the Immigration and Refugee Protection Regulations (IRPR).\nIf a work permit is required, proceed to step 3.\nIf no work permit is required, entry may be granted as a foreign national authorized to work. Without a work permit, or an extension of status as a temporary resident authorized to work without a work permit. A Visitor Record may be issued [R186].", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Step 2: Is a work permit required?", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/steps-determine-work-assessment-work-permit-application.html" + }, + { + "id": "pdi-tr-11-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Steps to determine work and assessment of work permit applic — Step 3: Is the employer genuine and eligible to employ forei", + "marginal_note": "Step 3: Is the employer genuine and eligible to employ foreign nationals?", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Is the application for an open work permit?\nYES: proceed to Step 4.\nNO: continue.\nIs the employer required to obtain a Labour Market Impact Assessment (LMIA) from ESDC?\nNO: proceed to question 3.\nYES: has a positive LMIA been obtained?\nNO: the work permit application must be refused as per section R203. (Note: See Limited Validity Period for Labour Market Impact Assessments for exceptions in inland processing.)\nYES: check the list of Employers who have been non-compliant to ensure employer remains eligible, then proceed to Step 4 .\nNote: At the Port of Entry , this should be done even if the foreign national is in possession of a Letter of Introduction (LOI) in order to ensure that no change has been made during the period from LOI issuance to arrival in Canada.\nHas the employer submitted a complete LMIA-exempt offer of employment (ref: A#) and paid the employer compliance fee (or provided proof of fee exemption) directly to Immigration, Refugees and Citizenship Canada (IRCC)?\nNO: is the employer exempt from the compliance regime?\nYES: proceed to Step 4.\nNO: the work permit application can be refused under paragraph R200(3)(f.1). If there is no offer of employment pending in the system, see the section of Employer-specific work permits with LMIA exemptions titled No offer of employment information or employer compliance fee submitted .\nYES: refer to Employer-specific work permits with Labour Market Impact Assessment exemptions for guidance on how to\nReview the offer in the system to ensure it meets the genuineness requirements of R200(5) (e.g. business is active, can pay wages, meets all provincial and federal laws related to employment).\nCheck the list of Employers who have been non-compliant to ensure employer remains eligible to hire a foreign worker.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Step 3: Is the employer genuine and eligible to employ foreign nationals? (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/steps-determine-work-assessment-work-permit-application.html" + }, + { + "id": "pdi-tr-11-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Steps to determine work and assessment of work permit applic — Step 3: Is the employer genuine and eligible to employ forei", + "marginal_note": "Step 3: Is the employer genuine and eligible to employ foreign nationals?", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the employer is eligible and genuine, proceed to Step 4.\nIf the employer is not eligible or the offer of employment is assessed as non-genuine, the work permit shall be refused.\nDoes the employer meet the requirements of R200(1)(c)(ii.1)(B) in that in the last six years they have provided each foreign national employed by them with employment in the same occupation and wages and working conditions that were substantially the same as indicated in the offer of employment used as the basis of the previously issued work permits?\nIf the processing officer has concerns that the employer has not met the requirements of providing substantially the same wages and occupation to previous foreign nationals, the processing officer may refer the information to Case Management Branch, Investigations and Exceptional Cases Division for a review of the employer.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Step 3: Is the employer genuine and eligible to employ foreign nationals? (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/steps-determine-work-assessment-work-permit-application.html" + }, + { + "id": "pdi-tr-11-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Steps to determine work and assessment of work permit applic — Step 4: Is the foreign national eligible to be issued a work", + "marginal_note": "Step 4: Is the foreign national eligible to be issued a work permit?", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Is the foreign national allowed to apply where they did? [R197 to R199]\nWill the foreign national leave Canada after their temporary stay? [R200(1)(b)]\nIs the foreign national eligible for work permit issuance?\nValid Labour Market Impact Assessment (LMIA) [R203]\nLMIA-exempt open work permit [R205–208]\nIMP: Employer-specific work permits with Labour Market Impact Assessment exemptions [R204, 205 and 207]\nPublic list of employers who have been non-compliant [R200(3)(h)(i) to (iii)]\nDoes the foreign national meet the requirements of the LMIA or LMIA-exempt job offer, including a medical examination (if applicable)? [R30]\nIf the foreign national is eligible , proceed to step 5.\nIf the foreign national is not eligible or does not meet requirements, the work permit shall be refused.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Step 4: Is the foreign national eligible to be issued a work permit?", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/steps-determine-work-assessment-work-permit-application.html" + }, + { + "id": "pdi-tr-11-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Steps to determine work and assessment of work permit applic — Step 5: Are there any factors prohibiting work permit issuan", + "marginal_note": "Step 5: Are there any factors prohibiting work permit issuance? [R200(3)]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For more details on the assessment of prohibitions under R200(3), consult Work permit issuance prohibitions\nAre there reasonable grounds to believe the foreign national cannot perform the work sought including meeting the language requirements (does not apply where open work permits may be issued)? [R200(3)(a)]\nDoes the worker need a Quebec Acceptance Certificate  (CAQ) and not have one? [R200(3)(b)]\nWould the worker become a strike-breaker by issuance of work permit? [R200(3)(c)]\nDoes the worker intend to work as a live-in caregiver but not meet the requirements in section R112? [R200(3)(d)]\nHas the worker engaged in unauthorized work or study or failed to comply with a condition of a previous permit or authorization unless they meet one of the exemptions under R200(3)(e)(i) to (iv) or the provision does not apply as per R200(3.1) ( vulnerable workers )? [R200(3)(e)]\nFor LMIA-exempt work permit applications, does the offer of employment not comply with all federal-provincial agreements? [R200(3)(f)]\nFor employer-specific LMIA-exempt work permit applications, has the employer not provided the Offer of Employment and/or not paid the employer compliance fee? [R200(3)(f.1)]\nHas the foreign worker been employed in Canada for a cumulative period of 4 years and is the new occupation not exempt? [R200(3)(g)]\n-->\nDoes the employer’s business provide the following services: striptease, erotic dance, escort services or erotic massage? [R200(3)(g.1)] (Note: the worker does not have to be engaged in these activities to be prohibited work permit issuance—for example, an accountant working for a strip club.)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Step 5: Are there any factors prohibiting work permit issuance? [R200(3)] (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/steps-determine-work-assessment-work-permit-application.html" + }, + { + "id": "pdi-tr-11-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Steps to determine work and assessment of work permit applic — Step 5: Are there any factors prohibiting work permit issuan", + "marginal_note": "Step 5: Are there any factors prohibiting work permit issuance? [R200(3)]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Has the employer received a negative determination under R203(5), been made ineligible under R209.95(1)(b) or are they in default of any assessed monetary penalty? [R200(3)(h)(i to iii)]\nIs the applicant inadmissible to Canada? [A34–42]\nThe officer should do the following:\nIf the answer is “Yes” to any of these questions, refuse the work permit application.\nIf the answer is “No” to all of these questions and all other requirements are met, approve and issue a letter of introduction, if overseas, or issue the work permit (inland and at the POE).\nBefore issuing a work permit, the officer should consider the following:\nthe need for a medical exam [R30]\nthe need for a temporary resident visa (TRV) [R190]\nthe need for an electronic travel authorization (eTA) [R7.1(1)]\nopen (restricted or unrestricted) work permit or employer-specific work permit\nconditions (including duration) to be imposed on the foreign national while in Canada\nLearn more:\nWork permit issuance prohibitions\nTRVs for temporary workers\nCorrectly coded multiple-entry visas should be issued (as long as there is no restriction noted in chapter IC 2), valid for the same period as the work permit or passport, whichever expires first.\nIt is not necessary to issue a new TRV if there is a pre-existing visa in the passport that covers the duration of the work permit.\nTRVs permit entry to Canada,; and, foreign nationals can still enter Canada to work if their visa happens to be coded V-1 (some visa offices issue a separate W-1 or S-P counterfoil and others do not if the V-1 has a long enough duration). The key to enable the worker status is the issuance of the work permit at the POE.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Step 5: Are there any factors prohibiting work permit issuance? [R200(3)] (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/steps-determine-work-assessment-work-permit-application.html" + }, + { + "id": "pdi-tr-11-5-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Steps to determine work and assessment of work permit applic — Step 5: Are there any factors prohibiting work permit issuan", + "marginal_note": "Step 5: Are there any factors prohibiting work permit issuance? [R200(3)]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For work permit-exempt jobs, ideally coding would be B-1 or WX-1; however, if the visa is coded V-1, this would have no legal impact on the foreign national’s ability (or inability) to work without a permit.\neTAs\nIf an eTA is issued in error to a visa-required foreign national, it should be cancelled.\nIn order for a visa-exempt foreign national to apply for a work permit at an air POE, they will need to have applied for and obtained an eTA prior to boarding their flight to Canada.\nForeign nationals from eTA expansion countries listed in subsection R7.01(1) can obtain a work permit prior to air travel but are not eligible to apply for a work permit at a POE, as they are not TRV-exempt as per subsection R198(1) and paragraph R190(1)(a).\nAs of April 26, 2022, lawful permanent residents of the United States (U.S.) do not need an eTA to fly to or transit through a Canadian airport. In all methods of travel, they must present their passport and proof of their valid lawful permanent resident status in the U.S. (such as a valid green card or a valid I-551 [ADIT] stamp in their passport).\neTAs for temporary workers\nVisa-exempt foreign nationals for whom the officer has approved an initial work permit will be automatically issued an eTA . No additional action is required on the officer’s part to manually issue the eTA.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Step 5: Are there any factors prohibiting work permit issuance? [R200(3)] (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/steps-determine-work-assessment-work-permit-application.html" + }, + { + "id": "pdi-tr-11-5-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Steps to determine work and assessment of work permit applic — Step 5: Are there any factors prohibiting work permit issuan", + "marginal_note": "Step 5: Are there any factors prohibiting work permit issuance? [R200(3)]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For initial and work permit renewal applications issued from within Canada, the eTA will be issued for 5 years from the date of issuance or until the client’s passport expires, whichever comes first, regardless of whether this date is beyond the expiry date of the work permit. If the eTA has expired since it was initially auto-issued or if the foreign national has a new passport, they must apply for and obtain an eTA separately if they seek to travel to Canada in the air mode.\nIf an eTA is issued with a work permit renewal for an eTA expansion client, and if the client holds a valid TRV, the officer must not cancel the existing TRV, as the client can continue to use it to travel to Canada by plane, car, bus, train or boat until it expires. However, the auto-issued eTA should be cancelled in this case as the traveller is visa-required.\nNote: An eTA should not be issued with a work permit renewal in the following cases:\nthe foreign national has an unenforced removal order\nthe foreign national has been issued a work permit that “does not confer temporary resident status”\nthe foreign national has overstayed their authorized period of stay\nthe foreign national is a temporary resident permit holder\nthe foreign national is inadmissible to Canada\nIn all of the above cases, officers must cancel all valid eTAs (including those auto-issued with the work permit and those issued through the eTA expansion program).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Step 5: Are there any factors prohibiting work permit issuance? [R200(3)] (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/steps-determine-work-assessment-work-permit-application.html" + }, + { + "id": "pdi-tr-12-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Foreign Worker and International Mobility Programs: What is work?", + "marginal_note": "Temporary Foreign Worker and International Mobility Programs: What is work?", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe Regulations specify that the worker class is a class of persons who may become temporary residents. A worker may be authorized to work without a work permit under R186 , or may be authorized to work by the issuance of a work permit pursuant to Part 11 of the Regulations.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary Foreign Worker and International Mobility Programs: What is work?", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/what-is-work.html" + }, + { + "id": "pdi-tr-12-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Foreign Worker and International Mobility Programs — Definition of “work” [R2]", + "marginal_note": "Definition of “work” [R2]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "“Work” is defined in the Regulations as an activity for which wages are paid or commission is earned, or that competes directly with activities of Canadian citizens or permanent residents in the Canadian labour market.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Definition of “work” [R2]", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/what-is-work.html" + }, + { + "id": "pdi-tr-12-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Foreign Worker and International Mobility Programs — “Wages or commission”", + "marginal_note": "“Wages or commission”", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This includes salary or wages paid by an employer to an employee, remuneration or commission received for fulfilling a service contract, or any other situation where a foreign national receives payment for performing a service.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: “Wages or commission”", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/what-is-work.html" + }, + { + "id": "pdi-tr-12-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Foreign Worker and International Mobility Programs — What is an activity that “competes directly”?", + "marginal_note": "What is an activity that “competes directly”?", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers should consider whether there is entry into the labour market. Questions to consider:\nWill they be doing an activity that a Canadian or permanent resident should really have an opportunity to do?\nWill they be engaging in a business activity that is competitive in the marketplace?\nIf the answer to either of these questions is ’yes‘, the foreign national intends to engage in a competitive activity, which would be considered “work”.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: What is an activity that “competes directly”?", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/what-is-work.html" + }, + { + "id": "pdi-tr-12-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Foreign Worker and International Mobility Programs — Examples of “work” include, but are not limited to:", + "marginal_note": "Examples of “work” include, but are not limited to:", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "a foreign technician coming to repair a machine, or otherwise fulfill a contract, even when they will not be paid directly by the Canadian company for whom they are doing the work;\nself-employment, which could constitute a competitive economic activity such as opening a dry- cleaning shop or fast-food franchise. (A self-employed person may also be considered to be working if they receive a commission or payment for services);\nunpaid employment undertaken for the purpose of obtaining work experience, such as an internship or practicum normally done by a student.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Examples of “work” include, but are not limited to:", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/what-is-work.html" + }, + { + "id": "pdi-tr-12-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Foreign Worker and International Mobility Programs — What kind of activities are not considered to be “work”?", + "marginal_note": "What kind of activities are not considered to be “work”?", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "An activity which does not really 'take away' from opportunities for Canadians or permanent residents to gain employment or experience in the workplace is not “work” for the purposes of the definition.\nExamples of activities for which a person would not normally be remunerated or which would not compete directly with Canadian citizens or permanent residents in the Canadian labour market and which would normally be part-time or incidental to the reason that the person is in Canada include, but are not limited to:\nvolunteer work for which a person would not normally be remunerated, such as sitting on the board of a charity or religious institution; being a 'big brother' or 'big sister' to a child; being on the telephone line at a rape crisis centre (normally this activity would be part time and incidental to the main reason that a person is in Canada);\nunremunerated help by a friend or family member during a visit, such as a mother assisting a daughter with childcare, or an uncle helping his nephew build his own cottage;\nlong distance (by telephone or Internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;\nself-employment where the work to be done would have no real impact on the labour market, nor really provide an opportunity for Canadians. Examples include a U.S. farmer crossing the border to work on fields that he owns, or a miner coming to work on his own claim;\nshort-term educational exchanges by high school students through international arrangements, such as the Regional Joint Cooperation Commission between Atlantic Canada and the archipelago of Saint-Pierre and Miquelon.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: What kind of activities are not considered to be “work”? (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/what-is-work.html" + }, + { + "id": "pdi-tr-12-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Foreign Worker and International Mobility Programs — What kind of activities are not considered to be “work”?", + "marginal_note": "What kind of activities are not considered to be “work”?", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "There may be other types of unpaid short-term work where the work is really incidental to the main reason that a person is visiting Canada and is not a competitive activity, even though non-monetary valuable consideration is received. For instance, if a tourist wishes to stay on a family farm and work part time just for room and board for a short period (i.e., one to four weeks), this person would not be considered a worker. Work on a farm that is expected to extend beyond four weeks would require a work permit.\nSee also: Assessing farm work\nWe recognize that there may be overlap in activities that we do not consider to be work and those activities which are defined as work not requiring a work permit in R186. However, the net effect (no work permit required) is the same.\nPart 9, Division 3 - Work without a permit\nR186 and R187 describe the types of work which a foreign national is authorized to do without having to obtain a work permit.\nPart 11, Division 2 - Application for work permit\nThe general rule is that a foreign national must apply outside Canada for their work permit, however, R198 and R199 describe the situations where a work permit may be obtained at the POE or within Canada, respectively.\nPart 11, Division 3 - Issuance of work permits\nR200 outlines all of the criteria and provides authority for the issuance of a work permit. R203 to R209 provide the eligibility criteria.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: What kind of activities are not considered to be “work”? (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/what-is-work.html" + }, + { + "id": "pdi-tr-13-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "International Mobility Program: Authorization to work without a work permit – As", + "marginal_note": "International Mobility Program: Authorization to work without a work permit – Assessing farm work", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: International Mobility Program: Authorization to work without a work permit – Assessing farm work", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/authorization-work-without-work-permit-assessing-farm-work.html" + }, + { + "id": "pdi-tr-13-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "International Mobility Program: Authorization to work withou — Assessing farm work", + "marginal_note": "Assessing farm work", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Is the volunteering incidental to the main reason for entering Canada? Note: The farm work cannot be the main reason for entering Canada; the foreign national must have other plans for the majority of their time in Canada. Volunteering is to be secondary (incidental) to the main reason (i.e. tourism, visiting family/friends, etc.).\nIs this a commercial or a non-commercial (family) farm?\nCommercial farm : A commercial venture undertaken with an expectation of profit. Thus if the farm owner realistically expects to make a profit from the farming activities, this is considered a commercial farm. Commercial farms generally hire outside (steady) employees.\nNon-commercial farm : A non-commercial farm generally means a farm where the farm family provides much of the capital and labour for the farm and where the production of agricultural products is to provide for the basic needs of the family, with little extra to sell for the profit of the family. This form of farming is commonly known as ‘subsistence’, ‘hobby’ or ‘family’ farming.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing farm work", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/authorization-work-without-work-permit-assessing-farm-work.html" + }, + { + "id": "pdi-tr-13-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "International Mobility Program: Authorization to work withou — Guidelines for assessing a commercial vs. a non-commercial (", + "marginal_note": "Guidelines for assessing a commercial vs. a non-commercial (family) farm", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To determine if a foreign national coming to volunteer on a farm for a limited period requires a work permit, an officer should assess the farm to determine if it is commercial or non-commercial. Officers may use the questions below to assist in determining if the host is a commercial enterprise which would require a work permit supported by a Labour Market Impact Assessment.\nIs the destination a farm (produces an agricultural product – plant or animal) or is another form of business such as ecotourism centre, bed and breakfast (B & B), etc., which are considered ‘commercial enterprises.’\nWhat is the production of the farm (i.e., dairy, grains or corn, beef or pork, chicken, vegetables/fruits)? For example, farms growing vegetables or fruits are likely to need extra labour during planting and harvest seasons therefore volunteers could be entering labour market.\nWhat is the size of the property or yield of the crop? For example, a small 20-acre beef or pork farm may be just for the family’s use whereas, a 200-acre farm with a sheep operation and large number of turkeys is more likely to be a commercial farm.\nWhat is the volume of sales? For example, selling in farmers markets generally entails less product and earns subsistence income whereas selling to Wholesalers or Grocery Chains would indicate a commercial enterprise due to the larger volumes.\nHas the farm previously used outside help (either volunteer or paid)? Is the volunteer ‘competing’ for these positions?", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Guidelines for assessing a commercial vs. a non-commercial (family) farm", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/authorization-work-without-work-permit-assessing-farm-work.html" + }, + { + "id": "pdi-tr-14-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work without a permit list [R186 and public policies] – International Mobility P", + "marginal_note": "Work without a permit list [R186 and public policies] – International Mobility Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nOfficers should follow the steps provided in Steps to determine work and assessment of work permit applications to determine what permit or authorization, if any, is required.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work without a permit list [R186 and public policies] – International Mobility Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit.html" + }, + { + "id": "pdi-tr-14-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work without a permit list [R186 and public policies] – Inte — Regulatory authorization to work without a work permit", + "marginal_note": "Regulatory authorization to work without a work permit", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "General information\nR186(a) – Business visitors\nR186(b) – Foreign representatives\nR186(c) – Family members of foreign representatives\nLocally engaged staff of diplomatic and consular missions and international organizations: Reciprocal employment (LMIA exemption code C20)\nR186(d) – Military personnel\nMilitary personnel and family members\nR186(e) – Foreign government officers\nR186(f) – On-campus employment\nR186(g) – Performing artists\nArtistic and performing arts occupations – Authorization to work without a work permit (International Mobility Program)\nR186(h) – Athletes and team members\nR186(i) – News reporters, media crews\nR186(j) – Public speakers\nR186(k) – Convention organizers\nSales\nR186(l) – Religious leaders\nR186(m) – Judges, referees and similar officials\nR186(n) – Examiners and evaluators\nR186(o) – Expert witnesses or investigators\nR186(p) – Short-term students in a foreign health care program\nImmigration medical examination: Health care students who are work permit-exempt\nR186(q) – Civil aviation inspector\nR186(r) – Aviation accident or incident inspector\nR186(s) – Crew\nR186(t) – Emergency service providers\nR186(u) – Continued authorization to work pending decision on work permit renewal\nR186(v) – Off-campus work\nR186(w) –Study permit holders who completed studies\nR186(x) – Registered Indians", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Regulatory authorization to work without a work permit", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit.html" + }, + { + "id": "pdi-tr-14-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work without a permit list [R186 and public policies] – Inte — Registered Indians", + "marginal_note": "Registered Indians", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Per paragraph 186(x) of the Immigration and Refugee Protection Regulations (IRPR), registered Indians, as defined under the Indian Act , are exempt from having to apply for a work permit.\nFor more information on determining registered Indian status, consult section 10, Examining people who are registered under the Indian Act at ports of entry, in ENF 4: Port of entry examinations (PDF, 1.6 MB) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Registered Indians", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit.html" + }, + { + "id": "pdi-tr-15-0-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP)", + "marginal_note": "Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP): Persons who may apply at a port of entry", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nMost foreign nationals must apply for a work permit from outside of Canada. A foreign national may apply for a work permit at any time before entering Canada as per section 197 of the Immigration and Refugee Protection Regulations (IRPR) . As per ministerial instructions (MI) 62 , all applications for a work permit submitted for foreign nationals who are outside Canada at the time of application must be submitted using electronic means—meaning they must apply online .\nSome workers can apply at the time of their entry to Canada. When seeking to enter Canada, some foreign nationals may make an application for their work permit at the port of entry per subsection R198(1) if they\nare exempt from the requirement for a temporary resident visa (TRV) under section R190 and their job falls within the International Mobility Program (IMP) (that is, they are not required to obtain a labour market impact assessment [LMIA]),\nare exempt from the requirement for a TRV under section R190 and their job falls within the Temporary Foreign Worker Program (TFWP) (that is, they are required to obtain an LMIA), and a positive or neutral LMIA has been issued by the time they arrive,\nare a citizen or permanent resident of the United States (U.S.), Greenland or Saint-Pierre and Miquelon, regardless of whether their job falls within the TFWP or the IMP, or\nare seeking a work permit in a category whose applications are permitted at a port of entry (for example, live-in caregiver and seasonal agricultural worker are categories that don’t permit applicants to apply at a port of entry)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP): Persons who may apply at a port of entry (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/persons-who-may-apply-port-entry.html" + }, + { + "id": "pdi-tr-15-0-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP)", + "marginal_note": "Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP): Persons who may apply at a port of entry", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: In addition to the above, before they arrive, the foreign national must have passed their immigration medical examination (IME), if required, and provide the valid results.\nThe following persons  can’ t  apply on entry to Canada as per subsection R198(2) and certain ministerial instructions and program requirements :\nall persons applying for a  post-graduation work permit (PGWP)\nall persons who are not exempt from the TRV requirement\nall persons who require an IME, whether TRV-required or visa-exempt, unless valid IME results are available at the time of entry\ninternational youth exchange program participants other than U S citizens or permanent residents (exemption code C21) (consult  International Experience Canada )\nseasonal agricultural workers\nforeign nationals who are citizens of a country listed in the table under subsection R7.01(1) , as they are not TRV-exempt as per  section R190", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP): Persons who may apply at a port of entry (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/persons-who-may-apply-port-entry.html" + }, + { + "id": "pdi-tr-15-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Foreign Worker Program (TFWP) and International Mo — The following persons can’t access certain immigration servi", + "marginal_note": "The following persons can’t access certain immigration services at ports of entry", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Effective December  24, 2024, the CBSA specified that, pursuant to its authority under section 26.1 of the IRPR and based on the factors set out in section  26 of the IRPR, it will no longer receive applications for work permits or study permits from foreign nationals who meet the definition of flagpoling.\nFor the purpose of the designation, flagpoling is defined as:\nwhen foreign nationals who hold temporary resident status in Canada leave Canada and, after a visit to the United States or St. Pierre and Miquelon, re-enter for  the purpose of obtaining immigration services at a port of entry, including work and study permits\nPersons who hold a valid work permit or who wish to change their conditions or renew their work permit should apply in Canada, pursuant to section R199 .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: The following persons can’t access certain immigration services at ports of entry", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/persons-who-may-apply-port-entry.html" + }, + { + "id": "pdi-tr-15-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Foreign Worker Program (TFWP) and International Mo — In-Canada applicants", + "marginal_note": "In-Canada applicants", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The following persons with temporary in-Canada status remain eligible to apply for a work permit on entry to Canada [R198(1)] if they meet the requirements to do so:\napplicants who are citizens or permanent residents of the United States of America\nprofessionals and technicians under f ree trade agreements (FTAs), including\nprofessionals under the FTA with the United States\nof America and Mexico (T36)\nprofessionals under the FTA with Chile (F22)\ncontractual service suppliers or independent professionals under the FTA with South Korea (F32)\nprofessionals under the FTA with Panama (F42)\nprofessionals or technicians under the FTA with Colombia (F12)\nprofessionals or technicians under the FTA with Peru (F52)\nspouses or common-law partners of applicants under FTAs with South Korea (F32), Panama (F42) and Colombia (F12)\ntruck drivers who are actively working and required to depart Canada for the purpose of their employment and who, prior to their departure from Canada, held a work permit and had the authority to work under paragraph  R186(u) as a result of a pending application for work permit renewal. This does not include truck drivers operating solely within Canada.\napplicants with pre-scheduled CBSA appointments", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: In-Canada applicants", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/persons-who-may-apply-port-entry.html" + }, + { + "id": "pdi-tr-15-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Foreign Worker Program (TFWP) and International Mo — Applicants with a letter of introduction", + "marginal_note": "Applicants with a letter of introduction", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Persons outside of Canada who apply for a work permit will receive a letter of introduction (LOI) if they have been preliminarily assessed to have met the requirements for issuance of the work permit. They must present this document at a port of entry, where a CBSA officer will decide whether to issue the work permit based on an assessment of whether the foreign national continues to meet the requirements for issuance pursuant to the IRPA and the IRPR. If a person inside of Canada has followed the instructions to apply from outside of Canada, they will also receive an LOI, but they will be unable to receive their work permit at a port of entry if they are attempting re-entry from the US or St. Pierre and Miquelon unless they meet one of the stated exemptions .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Applicants with a letter of introduction", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/persons-who-may-apply-port-entry.html" + }, + { + "id": "pdi-tr-15-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Foreign Worker Program (TFWP) and International Mo — Applicants with expired work permits", + "marginal_note": "Applicants with expired work permits", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Persons whose work permits expire while they are outside of Canada may apply at the port of entry if they are eligible pursuant to section R198. They must provide the officer at a port of entry with sufficient documentation to satisfy the officer that the client meets the requirements for the category to which they are applying.\nNote: Although foreign nationals who are exempt from the requirement of a TRV may apply for a work permit at a port of entry, most foreign nationals travelling to Canada by air will need to apply for and obtain an eTA before boarding their flight to Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Applicants with expired work permits", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/persons-who-may-apply-port-entry.html" + }, + { + "id": "pdi-tr-16-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Foreign Worker Program and International Mobility Program: Persons who", + "marginal_note": "Temporary Foreign Worker Program and International Mobility Program: Persons who may apply from within Canada", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe following persons may apply from within Canada [ R199 ]:\nholders of work or study permits and their family members;\npersons currently working in Canada under the authority of R186 , not requiring a work permit, and who are applying for secondary employment in Canada as long as they are not business visitors;\nholders of temporary resident permits valid for a minimum of six months and their family members;\nrefugee claimants and persons subject to an unenforceable removal order;\nin-Canada permanent resident applicants and their family members who are members of the following classes, determined eligible for permanent resident status: live-in caregiver, spouse or common-law partner, protected persons, persons filing an application on humanitarian and compassionate grounds;\npersons whose work permits were authorized by a mission abroad, where the permit was not issued at a port of entry;\nMexican citizens who have been admitted to Canada as temporary residents may apply for a work permit under any North American Free Trade Agreement (NAFTA) category. U.S. citizens admitted as temporary residents may apply in Canada under the professional or intra-company transferee NAFTA categories only. These provisions are in accordance with reciprocal arrangements;\nforeign nationals who have the written permission of the Department of Foreign Affairs, Trade and Development to work at a foreign mission (embassy, consulate or high commission) in Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary Foreign Worker Program and International Mobility Program: Persons who may apply from within Canada", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/persons-who-may-apply-within-canada.html" + }, + { + "id": "pdi-tr-17-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Protecting workers from abuse and exploitation – Temporary Foreign Worker Progra", + "marginal_note": "Protecting workers from abuse and exploitation – Temporary Foreign Worker Program and International Mobility Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Protecting workers from abuse and exploitation – Temporary Foreign Worker Program and International Mobility Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/protecting-workers-abuse-exploitation.html" + }, + { + "id": "pdi-tr-17-1-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Protecting workers from abuse and exploitation – Temporary F — Ministerial Instructions: Refusal to process work permits", + "marginal_note": "Ministerial Instructions: Refusal to process work permits", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "On July 14, 2012, Ministerial Instructions were established for work permit applications submitted from both within and outside of Canada. The instructions state that applications from foreign nationals seeking to work for an employer that is in a sector where there are reasonable grounds to suspect a risk of sexual exploitation are not to be processed.\nGuidelines for not processing applications\nThese instructions apply to all work permit applications where the applicant is destined\nto work for a business as described below; or\nto perform contract work for the business or on its premises (including on a self-employed basis), irrespective of the specific occupation that the applicant is intended to fill at that business.\nWhen in receipt of an application to work in a business that is in a category covered by the instructions (that is, in a sector where there are reasonable grounds to suspect a risk of sexual exploitation for some workers), officers are instructed not to process these applications. Applicants affected by these instructions shall be informed that their application is not eligible for processing and their processing fee shall be returned.\nFor the purposes of these instructions, strip clubs, escort services and massage parlours are considered businesses where there are reasonable grounds to suspect a risk of sexual exploitation. These instructions should be applied to all businesses in these categories.\nNote: Officers should take care not to refuse applications involving businesses where employees have qualifications and credentials that are regulated and certified by provincial authorities, such as massage therapy clinics.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Ministerial Instructions: Refusal to process work permits (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/protecting-workers-abuse-exploitation.html" + }, + { + "id": "pdi-tr-17-1-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Protecting workers from abuse and exploitation – Temporary F — Ministerial Instructions: Refusal to process work permits", + "marginal_note": "Ministerial Instructions: Refusal to process work permits", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In addition, if a foreign national in the occupation of exotic dancer is destined to a bar or hotel that only has an exotic dance performance occasionally and would not normally be considered a “strip club,” the establishment will be considered a “strip club” for the duration of the foreign national’s performance and the business would become ineligible as per the Ministerial Instructions.\nOpen work permits\nAs per subsection 185(b) of the Immigration and Refugee Protection Regulations , all open work permits shall have the following condition placed in the visible remarks section of the document:\nNot valid for employment in businesses related to the sex trade such as strip clubs, massage parlours or escort services.\nThis condition informs the work permit holder that employment, self-employment or contract services in this sector are not permissible. If an employer operating a business in any of these sectors did hire a holder of an open work permit, it would potentially be in violation of section 124 of the Immigration and Refugee Protection Act for employing “a foreign national in a capacity in which the foreign national is not authorized under this Act to be employed.” This could lead to the punishment of the employer by a fine of up to $50,000 or imprisonment for a term of up to 2 years.\nLearn more about open work permits .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Ministerial Instructions: Refusal to process work permits (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/protecting-workers-abuse-exploitation.html" + }, + { + "id": "pdi-tr-17-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Protecting workers from abuse and exploitation – Temporary F — Performing artists – International stage shows", + "marginal_note": "Performing artists – International stage shows", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers are reminded to first assess whether a work permit is required, in line with R186(g) . International stage shows that do not require work permits as per R186(g) are not covered by the Ministerial Instructions.\nProcessing instructions\nAfter the application has been promoted from “Prospective” to “Active”\nSelect “MI6” in the “Ministerial Instructions” field on the TR application screen.\nEnter an “Eligibility” assessment of “Not Met”.\nThe Global Case Management System will automatically generate an “MI Not Eligible” letter in the Correspondence - Outgoing view. Note that this letter is a Word template letter.\nRefund cost recovery fee paid in the Fees view tab.\nNavigate to the History – Application Status view and record the “App Status” as “Cancelled” with an “App Status Reason” of “Ministerial Instructions”.\nRegulation change December 31, 2013: Protecting foreign nationals from the risk of abuse and exploitation\nThe regulatory changes came into force on December 31, 2013. The new regulations prohibit all foreign nationals (visitors, students and workers) from working for these businesses, regardless of how they are authorized to work (for example, work off campus, work without a permit, open work permit).\nR183 imposes conditions on all foreign nationals entering Canada by operation of law. The relevant portion of subsection R183(1) has been changed to the following:\n183. (1) Subject to section 185, the following conditions are imposed on all temporary residents:\n(b.1) if authorized to work by this Part or Part 11, to not enter into an employment agreement, or extend the term of an employment agreement, with an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages;", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Performing artists – International stage shows (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/protecting-workers-abuse-exploitation.html" + }, + { + "id": "pdi-tr-17-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Protecting workers from abuse and exploitation – Temporary F — Performing artists – International stage shows", + "marginal_note": "Performing artists – International stage shows", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "R200(3) provides for situations where an officer shall not issue a work permit. The following situation has been added to this subsection that is relevant to these instructions:\n200. (3) An officer shall not issue a work permit to a foreign national if\n(g.1) the foreign national intends to work for an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages;\nWork permits shall be refused for any foreign national applying to work in Canada in any occupation for a business that provides striptease, erotic dance, escort services or erotic massages on a regular basis.\nThese instructions apply to all foreign nationals entering or already in Canada. Foreign nationals are prohibited from working in any capacity (for example, janitor, cook or dancer) for any business in Canada that offers striptease, erotic dance, escort services or erotic massages on a regular basis. Foreign nationals entering Canada as work permit exempt or on open work permits are prohibited, as per the new regulations, from entering into employment with employers who offer these activities.\n“Employment Agreement” is any arrangement which creates an employment relationship or a contract for individual services where the contractor renders direct service to a Canadian business (for example, direct hire or performing artist contract). It is any situation where the Canadian business has the right to direct and control the type, manner and timing of the employee’s work (for example, the business is responsible for scheduling when, where and how the contractor will provide their services).\n“Business offering striptease, erotic dance, escort services or erotic massage on a regular basis”", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Performing artists – International stage shows (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/protecting-workers-abuse-exploitation.html" + }, + { + "id": "pdi-tr-17-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Protecting workers from abuse and exploitation – Temporary F — Performing artists – International stage shows", + "marginal_note": "Performing artists – International stage shows", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For the purpose of determining whether a business meets the description above, an officer may wish to consider the following:\nAre these activities the “normal” form of entertainment or services provided by the business?\nYes or no.\nIf yes, the work permit should be refused as per R200(3)(g.1) .\nIf no, consider the following questions:\nIs it the business that is offering these services as opposed to the business simply hosting the event (for example, strip club or bar presenting an entertainer or a hotel renting out a conference room)?\nNote: If the venue is not the host, then the employer would be whoever signed the contract (employment or services) with the foreign national.\nWhere the business is offering the services, are these services offered regularly such as once or more a week or month (as opposed to periodically such as once a year)?\nIf the answers to questions 1 and 2 is yes, then the work permit should be refused as per R200(3)(g.1) because the employer is a business that offers striptease, erotic dance, escort services or erotic massage.\nRefusal code\nIRPR 200(3) “This employer is ineligible to participate in the Temporary Foreign Worker Program”\n“Case Remarks” should indicate R200(3)(g.1) in order to differentiate from R200(3)(h) refusals.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Performing artists – International stage shows (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/protecting-workers-abuse-exploitation.html" + }, + { + "id": "pdi-tr-18-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Assessing the genuineness of the offer of employment on a work permit applicatio", + "marginal_note": "Assessing the genuineness of the offer of employment on a work permit application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nIn addition to assessing the intent of the foreign national to enter Canada for a temporary purpose, when assessing a Labour Market Impact Assessment (LMIA)-exempt, employer-specific work permit application, officers must also assess the genuineness of the offer of employment submitted by the employer as per section R209.11 of the Immigration and Refugee Protection Regulations (IRPR) as part of ensuring that the requirements of clause R200(1)(c)(ii.1)(A) are met.\nA negative assessment of the genuineness of the job offer should result in work permit refusal.\nOpen work permits are not subject to the assessment of the genuineness factors in subsection R200(5), since there is no employer involved.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing the genuineness of the offer of employment on a work permit application", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/genuineness.html" + }, + { + "id": "pdi-tr-18-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Assessing the genuineness of the offer of employment on a wo — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Factors to consider\nThe employer is “actively engaged” in the business\nThe offer of employment is consistent with the reasonable employment needs of the employer\nThe employer can reasonably fulfill the terms of the offer of employment\nCompliance with laws regulating employment and recruitment\nPort of entry considerations\nWhen to refer a concern to Case Management Branch (CMB)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/genuineness.html" + }, + { + "id": "pdi-tr-18-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Assessing the genuineness of the offer of employment on a wo — Factors to consider", + "marginal_note": "Factors to consider", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As per section R209.11, employers are required to submit their offer of employment directly to Immigration, Refugees and Citizenship Canada (IRCC).\nIn the system’s “Organization and Entity” screen tab, the sub-type “Regulatory Employer” indicates that the account was created by the employer using the Employer Portal.\nThe offer of employment must be fully complete in order for the processing officer to determine the genuineness of the offer. If the offer of employment is incomplete or has “See attached” in any field, the officer may not have sufficient information to assess the genuineness of the job offer. If the offer of employment is incomplete, please see International Mobility Program: Employer-specific work permits with Labour Market Impact Assessment exemptions for further processing instructions.\nImportant: Subparagraph R209.2(1)(b)(i) makes it a condition that employers demonstrate that any information they provided under subparagraph R200(1)(c)(ii.1) or section R209.11 is accurate. Officers should always ensure that any new information or confirmations are received directly from the employer. They must come from the employer in order to be inspected for accuracy. Information submitted by the work permit applicant about the employer is not relevant to a compliance inspection.\nTo determine the genuineness of the offer of employment in all employer-specific work permit applications (new and extensions), 4 factors should be assessed.\nThe offer of employment submitted directly to IRCC must meet all of the following conditions:\nbe made by an employer who is “actively engaged” in the business\nbe consistent with the reasonable employment needs of the employer\nhave terms the employer is reasonably able to fulfill", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Factors to consider (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/genuineness.html" + }, + { + "id": "pdi-tr-18-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Assessing the genuineness of the offer of employment on a wo — Factors to consider", + "marginal_note": "Factors to consider", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "be from an employer or their authorized recruiter who has shown past compliance with federal and provincial or territorial laws that regulate employment or recruitment in the province or territory where the foreign national will be working\nWhen an officer does more than a cursory review (that is, more than only reviewing information in the business information section of the Global Case Management System [GCMS] or a quick internet search of the employer), they should indicate in the “Case Notes” the steps they took and the results. This will assist in any inspections and in future work permit processing.\nIf the officer has concerns regarding the employer or the genuineness of the offer of employment, the officer may request further information directly from the employer as per the contact information supplied in the offer of employment. Subparagraph R200(1)(c)(ii.1) provides officers the authority to request information from employers without having to use the foreign national applicant as a conduit for that request.\nThe employer’s contact information should be included in the “Offer of employment” form provided by the employer, as per section R209.11. The method of contact (such as email, regular mail or fax) should be determined by individual offices according to their internal procedures.\nIf the offer of employment is found to be non-genuine under any one of the 4 genuineness factors, the officer is to refuse the work permit, as it does not meet the requirements of section R200.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Factors to consider (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/genuineness.html" + }, + { + "id": "pdi-tr-18-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Assessing the genuineness of the offer of employment on a wo — Factors to consider", + "marginal_note": "Factors to consider", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: A procedural fairness letter must be sent to the applicant indicating any extrinsic information used in making a decision on genuineness. Extrinsic information is information that is public ly available or not provided by the employer. The employer or employee must have an opportunity to respond to this information before a finding of non-genuineness is made.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Factors to consider (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/genuineness.html" + }, + { + "id": "pdi-tr-18-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Assessing the genuineness of the offer of employment on a wo — The employer is “actively engaged” in the business", + "marginal_note": "The employer is “actively engaged” in the business", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "It is important to ensure that the offer of employment comes from an organization that not only legally exists but also can demonstrate the ability to provide stable employment for the requested period. The organization must do all of the following:\nhave an operating business\nprovide either a good or a service\nhave a physical work location in Canada where the temporary worker will work\nAssessing activeengagement\nThe officer can assess active engagement by looking at the following points in the “ Organizations & Entities – Employer Details” tab in GCMS:\nbusiness start date\ntype of business\nnumber of employees\ngross income\nprincipal activity\nThe officer should conduct a more in-depth assessment of the employer’s engagement if any of the following applies:\nthe business information in the offer of employment raises concerns with respect to the organization’s active engagement in a business (such as being less than 1 year old)\nthere is negative publicly available information regarding the organization (that is, an internet search has revealed negative information)\ninformation is entered in the “Notes” tab in GCMS about the organization or verifications on previous temporary workers have been conducted and a negative determination was made\nThe in-depth assessment may include any or all of the following:\ncontacting the employer directly to request further information\nobtaining information from other government departments\nobtaining any further information required to satisfy themselves that the employer is actively engaged\nRelevant documentation may be requested, such as any or all of the following:\na confirmation of the Canada Revenue Agency business number\na copy of any business licenses or permits required\nthe organization’s relevant income documents", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: The employer is “actively engaged” in the business (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/genuineness.html" + }, + { + "id": "pdi-tr-18-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Assessing the genuineness of the offer of employment on a wo — The employer is “actively engaged” in the business", + "marginal_note": "The employer is “actively engaged” in the business", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "copies of contracts or any other document that provides proof the organization is actively doing business and is not a shelf company\nAdditional information available to the public may also be used to determine active engagement, including information obtained from any or all of the following sources:\nInternet searches through sites such as Google, Better Business Bureau, Industry Canada and Canada 411\nprovincial websites\nemployer websites\nJob Bank advertisements\nThe refusal of an employer to supply information to satisfy this assessment should result in a work permit refusal, as the officer may not be satisfied that the organization is active based on the information submitted or available.\nExample of an employer actively engaged in the business\nThe owner of a high-end Japanese restaurant in Toronto would like to hire a Japanese sous-chef. His business has been open for 6 years and employs 36 people, including 8 foreign nationals.\nAn officer may be satisfied that the organization legally exists and has the ability to provide stable employment for the requested period because it does all of the following:\nhas been open for several years\nalready employs several people\nprovides food and drink in a physical space (that is, the restaurant)\nExample of employer that may not be actively engaged in the business", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: The employer is “actively engaged” in the business (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/genuineness.html" + }, + { + "id": "pdi-tr-18-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Assessing the genuineness of the offer of employment on a wo — The employer is “actively engaged” in the business", + "marginal_note": "The employer is “actively engaged” in the business", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The owner of a small Japanese “bento-box” delivery restaurant in Toronto would like to hire a Japanese cook. His business has been open for 5 months and employs 2 other people. He cannot provide the officer with T4s (his business is too new), nor can he provide a lease because he operates his business from home. He pays his employees with cash or in food, which they don’t mind because they are family members. He shows the officer order slips for produce bought last month.\nEven if an officer is satisfied that this business may be operational, provides a good and has a work location, it has not “demonstrated the ability to provide stable employment for the requested period” because it is too new and does not pay its employees in a consistent and reliable way.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: The employer is “actively engaged” in the business (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/genuineness.html" + }, + { + "id": "pdi-tr-18-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Assessing the genuineness of the offer of employment on a wo — The offer of employment is consistent with the reasonable em", + "marginal_note": "The offer of employment is consistent with the reasonable employment needs of the employer", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The officer must be satisfied that the offer of employment is reasonable in relation to the type of business the organization is engaged in. The occupation should be one that is reasonably expected in that organization’s sector, and the employer must be able to meet the commitments they have offered (of wages, hours, etc.).\nAssessing reasonable employment need\nThe officer can contact the employer who submitted the offer of employment and request more information about the need to hire a foreign national for the job.\nThe employer must be able to satisfactorily explain the role of the temporary worker in their operations and how it covers a reasonable employment need, in terms of both occupation and operation.\nIf an employer refuses to provide information to satisfy this assessment, the work permit should not be issued.\nNegative examples of employment need\nAn insurance company is hiring a full-time actor.\nA company has only 10 employees, and this is the sixth supervisor position they have offered in the last year.\nA hair salon is hiring a management consultant.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: The offer of employment is consistent with the reasonable employment needs of the employer", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/genuineness.html" + }, + { + "id": "pdi-tr-18-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Assessing the genuineness of the offer of employment on a wo — The employer can reasonably fulfill the terms of the offer o", + "marginal_note": "The employer can reasonably fulfill the terms of the offer of employment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The employer must demonstrate that the terms of employment are ones that they can reasonably fulfill. They must demonstrate that they are capable of providing, for the duration of the work permit, the hours of work, wages and benefits stated in the offer of employment. They must also be able to provide the working conditions that are indicated in the offer and that meet provincial or territorial standards.\nAssessing the ability to fulfill the terms of the offer\nOfficers can check the “Organization & Entities – Associations” tab in GCMS to review the work permit applications matched to the offers of employment submitted and if they were approved or refused. The “Organization & Entities – Offers of Employment” tab provides information on all past offers submitted by the employer. The “Organization & Entities – Notes” tab will include any information added by other officers, and the “Organization & Entities – Verifications” tab should include work permits where inspections were conducted and the outcomes.\nIf the officer has concerns that the employer will not be able to pay the wage, provide benefits as listed or meet the other terms as listed on the offer, the officer can contact the employer using the email address in the “Employer Primary Contact” field on the offer of employment and request additional documentation or information, including but not limited to the following:\na T4 Summary of Remuneration Paid , which provides a summary of employment income paid out by the employer in a given year (the absolute amount of income paid [see line 14 of the T4 – Employment Income] will reveal the general size of the employer, which should give the officer an indication of whether that employer can easily absorb temporary foreign workers)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: The employer can reasonably fulfill the terms of the offer of employment (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/genuineness.html" + }, + { + "id": "pdi-tr-18-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Assessing the genuineness of the offer of employment on a wo — The employer can reasonably fulfill the terms of the offer o", + "marginal_note": "The employer can reasonably fulfill the terms of the offer of employment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "a T2 schedule 100/125 (if the employer is a corporation), which provides insight into the solvency of a business by providing information on operating income and the overall financial position and /retained earnings of the business\na T2125 or equivalent financial statement (if it is a sole proprietorship or partnership), which provides information on the operating income (business income) of the employer (but not retained earnings, or profits)\na workers’ compensation clearance letter , which declares that the employer is registered with the appropriate workers’ compensation board and has an account in good standing\nForeign employers may be requested to provide both or either of the following:\nbusiness contracts (the contracts provide evidence that the organization would have sufficient future income to enable them to meet the terms of the offer provided to the temporary worker)\nbusiness documents (similar to those requested for business visitors, entrepreneurs or other business category applicants in the host country)\nIf the officer doubts the employer’s ability to fulfill the terms of the offer of employment, they may request further information or documents directly from the employer, or they may refuse the work permit as not meeting the requirement of clause R200(1)(c)(ii.1)(A).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: The employer can reasonably fulfill the terms of the offer of employment (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/genuineness.html" + }, + { + "id": "pdi-tr-18-5-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Assessing the genuineness of the offer of employment on a wo — The employer can reasonably fulfill the terms of the offer o", + "marginal_note": "The employer can reasonably fulfill the terms of the offer of employment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the employer is, or has been, the subject of a complaint, or if they have been found non-compliant in a past inspection, the officer must contact the Case Management Branch (CMB), Investigations and Exceptional Cases Division for the initiation of an inspection based on “reason to suspect” that the employer may not be complying with conditions or on “known past non-compliance”. The work permit application will be placed on hold until the inspection is finalized to ensure that the offer meets all the genuineness factors.\nThe failure of an employer to satisfy this assessment will result in a refusal to issue the work permit.\nPositive example\nA well-established restaurant chain is hiring a specialty cook. The chain has been in existence for over 10 years and is known for its exemplary food and service.\nThe restaurant chain is able to demonstrate that it is “capable of providing, for the duration of the work permit, work in line with the occupation, wages offered and acceptable employment standards” because they are well established and have several years of income to prove they can afford the new cook.\nNegative example\nA new home-based business is hiring a person to prepare food for a new gourmet meal delivery service. The owner of the new business declared a profit of only $10,000 the previous year, but they are going to be paying the temporary worker $45,000 a year.\nThe new business is not able to show that they have sufficient funds to pay the wages offered, nor do they have business contracts to show that they would be able to meet the terms of the offer based on monies to be received through the contracts.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: The employer can reasonably fulfill the terms of the offer of employment (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/genuineness.html" + }, + { + "id": "pdi-tr-18-6-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Assessing the genuineness of the offer of employment on a wo — Compliance with laws regulating employment and recruitment", + "marginal_note": "Compliance with laws regulating employment and recruitment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The officer must be satisfied that the employer, or anyone who recruited the temporary worker on their behalf, will be and have been compliant with federal and provincial or territorial laws regulating employment and recruitment in any province or territory where the temporary worker is intended to work.\nFor the purpose of this assessment, any previous or current violation of Canadian federal and provincial laws regulating employment and recruitment could be considered. It does not matter whether the violations of the employment legislation involved Canadians, permanent residents or temporary workers, as these laws are related to all of the following:\nthe regulation of employers\nemployer consultants and recruiters\nsafety in the work place\nwages\napplicable benefits\nWhile many provinces and territories maintain websites listing employers who have violated their legislation, the employers listed may still be able to offer a workplace suitable for all workers, including temporary workers. Officers should consider information they might have regarding employer non-compliance with federal or provincial laws, but additional inquiries are required to support a refusal on the basis of paragraph R200(5)(d).\nProvincial temporary foreign worker- and recruiter-related legislation\nUnlicensed recruiters: If a recruiter who is working for an employer is not licensed in a province where it is required by law that recruiters and employment agencies of foreign nationals be licensed by the province (such as Manitoba’s Worker Recruitment and Protection Act and Alberta’s Fair Trade Act), a work permit can be refused.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Compliance with laws regulating employment and recruitment (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/genuineness.html" + }, + { + "id": "pdi-tr-18-6-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Assessing the genuineness of the offer of employment on a wo — Compliance with laws regulating employment and recruitment", + "marginal_note": "Compliance with laws regulating employment and recruitment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Recruitment fees : If, during the processing of a work permit application, it becomes known that the temporary worker paid recruitment fees, contrary to provincial legislation (such as in Alberta and Manitoba), this does not necessarily result in a work permit refusal under paragraph R200(5)(d), since the employer or recruiter may not yet have been found guilty by the province.\nIf officers do not have sufficient information to determine non-compliance with employment laws, information may be sent to the CMB Investigations and Exceptional Cases Division for further action.\nThe refusal of an employer to supply information to satisfy this assessment may also result in a refusal to issue the work permit.\nPositive example\nA British Columbia mining company is hiring a temporary worker. There are several news articles referencing the fact that they have won prestigious safety awards in their industry and that they are a top 50 company to work for.\nUnless the officer has any indication to the contrary, they could be satisfied that this company has a common practice of compliance with “federal and/or provincial laws regulating employment and recruitment in the province(s) it is intended that the temporary worker will work” based on having won awards for safety and being one of the top 50 companies in Canada.\nNegative example\nAn Alberta mining company has just received a provincial court judgement that they are guilty of involuntary manslaughter because of a lack of safety equipment on their work sites that caused the death of 2 workers.\nThe Alberta mining company has been found guilty in a provincial court of not complying with provincial and federal laws. Therefore, they do not meet this requirement, and the work permit would be refused.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Compliance with laws regulating employment and recruitment (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/genuineness.html" + }, + { + "id": "pdi-tr-18-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Assessing the genuineness of the offer of employment on a wo — Port of entry considerations", + "marginal_note": "Port of entry considerations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Concerns may be identified after a work permit has been approved at the visa office and a letter of introduction has been issued.\nWhere a foreign national’s work permit has been approved at a visa office, the genuineness assessment should have been conducted by the visa officer.\nHowever, there may be situations where information is received after the approval of but before the issuance of the work permit, according to which the organization submitting the offer of employment may no longer meet the genuineness factors.\nIn these cases, the border services officer may request further information from the employer to determine if all the requirements of section R200 are still met before issuing the work permit.\nShould the border services officer not be satisfied that the requirements are still met at the time of entry to Canada, they may refuse to issue the work permit.\nAssessment of a work permit application submitted at the port of entry\nLMIA exemption\nWhen an LMIA-exempt foreign national applies for an employer-specific work permit on entry [ R198 ], the assessment of the 4 genuineness factors [R200(5)] must be conducted by the border services officer. This applies even in cases where the International Mobility Workers Unit has provided an opinion.\nPositive LMIA\nWhere a foreign national is in possession of a positive LMIA and is applying for their work permit at the port of entry, the assessment of genuineness has been completed by Employment and Social Development Canada. In these cases, border services officers must remain satisfied that the offer continues to meet the 4 genuineness factors.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Port of entry considerations", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/genuineness.html" + }, + { + "id": "pdi-tr-18-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Assessing the genuineness of the offer of employment on a wo — When to refer a concern to Case Management Branch", + "marginal_note": "When to refer a concern to Case Management Branch", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If an officer detects any anomalies or patterns of concern during work permit processing, issuance, or anytime thereafter, they are requested to submit the concern to Case Management Branch (CMB), Investigations and Exceptional Cases Division (IECD).\nTips received are investigated after the fact; referral to CMB should not delay processing.\nSome examples of reasons for using the Tip Referral process:\nthe processing officer has concerns or evidence of past non-compliance that the employer did not meet any of the following commitments made in a past offer of employment:\nemployment in the same occupation set out in the foreign national’s offer of employment\nsimilar but not lower wages and benefits than offered\nworking conditions that were substantially the same but not less favourable than those set out in their offer\ninformation is available (such as a media article according to which an employer is being investigated for labour violations against their workers) indicating that there could be grounds to make a negative determination\ncomplaints received that the employer might not have complied with elements listed on the offer of employment, such as underpaying the foreign worker or forcing extra hours or duties\nconcerns that an employer might have provided misleading information on an offer of employment, such as offering a job that did not exist to facilitate a PR application for the foreign worker", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: When to refer a concern to Case Management Branch", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/genuineness.html" + }, + { + "id": "pdi-tr-19-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Review of wages, occupation and working conditions provided to previous temporar", + "marginal_note": "Review of wages, occupation and working conditions provided to previous temporary workers", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nUnder the International Mobility Program, and in accordance with subclause R200(1)(c)(ii.1)(B)(I) of the Immigration and Refugee Protection Regulations, officers processing Labour Market Impact Assessment (LMIA)-exempt, employer-specific work permit applications must assess that the wages, occupation and working conditions that the employer provided to previous temporary workers was substantially the same as what was included in the offers of employment on file with Immigration, Refugees and Citizenship Canada (IRCC), before issuing the work permit.\nThis review of the wages, occupation and working conditions can also be done after work permit issuance when a compliance inspection is conducted [ R209.2 ].", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Review of wages, occupation and working conditions provided to previous temporary workers", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/wages-occupation-working-conditions.html" + }, + { + "id": "pdi-tr-19-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Review of wages, occupation and working conditions provided — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Overview\nReview of previous temporary workers for a determination under R203(5)\nWhen to refer a concern to Case Management Branch\nSix-year review period\nSame occupation\nWages (substantially the same but not less favourable)\nWorking conditions (substantially the same but not less favourable)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/wages-occupation-working-conditions.html" + }, + { + "id": "pdi-tr-19-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Review of wages, occupation and working conditions provided — Overview", + "marginal_note": "Overview", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "April 2011: Worker protections were introduced that required employers to provide their temporary workers with the wages, occupation and working conditions that were substantially the same as those offered.\nDecember 2013: The protections were enhanced with the implementation of conditions imposed on the employer at the time of work permit issuance and consequences for non-compliance with those conditions.\nFebruary 2015: Employers are now required to submit their offer of employment directly to IRCC.\nSystem changes\nWork permit applications are now automatically associated to the organization (with the type “Regulatory employer”) when properly matched in the Global Case Management System (GCMS) . Officers can review the list of previous work permits issued for the employer in the “Associations – Applications & Cases” view tab on the “Organization & Entities” screen tab.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Overview", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/wages-occupation-working-conditions.html" + }, + { + "id": "pdi-tr-19-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Review of wages, occupation and working conditions provided — Review of previous temporary workers for a determination und", + "marginal_note": "Review of previous temporary workers for a determination under subsection R203(5)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers can request information or documents directly from the employer regarding the wages paid, duties performed as per the National Occupation Classification (NOC) code or working conditions, during the work permit processing under subparagraph R200(1)(c)(ii.1) . This information can be compared to the offer of employment with which the work permit was associated on file with IRCC.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Review of previous temporary workers for a determination under subsection R203(5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/wages-occupation-working-conditions.html" + }, + { + "id": "pdi-tr-19-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Review of wages, occupation and working conditions provided — When to refer a concern to Case Management Branch", + "marginal_note": "When to refer a concern to Case Management Branch", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If an officer detects any anomalies or patterns of concern during work permit processing, issuance, or anytime thereafter, they are requested to submit the concern to Case Management Branch (CMB), Investigations and Exceptional Cases Division (IECD).\nTips received are investigated after the fact; referral to CMB should not delay processing.\nSome examples of reasons for using the Tip Referral process:\nthe processing officer has concerns or evidence of past non-compliance that the employer did not meet any of the following commitments made in a past offer of employment:\nemployment in the same occupation set out in the foreign national’s offer of employment\nsimilar but not lower wages and benefits than offered\nworking conditions that were substantially the same but not less favourable than those set out in their offer\ninformation is available (such as a media article according to which an employer is being investigated for labour violations against their workers) indicating that there could be grounds to make a negative determination\ncomplaints received that the employer might not have complied with elements listed on the offer of employment, such as underpaying the foreign worker or forcing extra hours or duties\nconcerns that an employer might have provided misleading information on an offer of employment, such as offering a job that did not exist to facilitate a PR application for the foreign worker", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: When to refer a concern to Case Management Branch", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/wages-occupation-working-conditions.html" + }, + { + "id": "pdi-tr-19-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Review of wages, occupation and working conditions provided — Six-year review period", + "marginal_note": "Six-year review period", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The 6-year review period is the period immediately before the day the application for the work permit is received by the Department or the Canada Border Services Agency (CBSA) at the port of entry.\nOfficers should review the “Associations – Applications & Cases” view tab on the “Organization & Entities” screen to determine if the organization providing the present offer of employment has employed temporary workers in the previous 6 years.\nIf the organization used temporary workers in the previous 6 years, the officer can request further information from the employer to confirm that they paid the wages and provided the occupation and working conditions offered to those previous employees.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Six-year review period", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/wages-occupation-working-conditions.html" + }, + { + "id": "pdi-tr-19-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Review of wages, occupation and working conditions provided — Same occupation", + "marginal_note": "Same occupation", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the employer had previous temporary workers within the 6-year review period, the officer can verify whether the occupation and duties performed by those temporary workers fell under the same NOC code as what was specified in the offer of employment provided.\nThe officer who processed and approved the previous work permits should have confirmed that the main duties entered in the “Job Details” section of the offer of employment form matched the occupation specified while reviewing the offer of employment information in the previous temporary workers’ offers of employment.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Same occupation", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/wages-occupation-working-conditions.html" + }, + { + "id": "pdi-tr-19-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Review of wages, occupation and working conditions provided — Wages (substantially the same but not less favourable)", + "marginal_note": "Wages (substantially the same but not less favourable)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "“Substantially the same, but not less favourable, wages” means that wages paid to previous temporary workers cannot be less than those stated  in the offer of employment on which the previous work permit was based.\nNote: Wages under the International Mobility Program (IMP) must meet the minimum wage requirement in the province of employment as per the condition to meet federal and/or provincial laws.\nAn increase in wages must be assessed for compliance as well, because it may result in a finding that the employer did not provide “substantially the same” wages if the increase would have affected the ability of the foreign national to qualify for the LMIA exemption.\nWages paid that were higher than those stated in the offer of employment may indicate a change in duties, which might point to a different occupation than was offered.\nIn cases where the employer promoted the foreign worker or otherwise changed their duties, the foreign worker must have received a new offer of employment and work permit before the change was implemented. If a new work permit for the promotion or change in occupation was not previously approved and the temporary foreign worker was working in an occupation other than what was stated on the offer of employment, this may constitute past non-compliance by the employer.\nThe offer of employment form requires the input of hourly wages in Canadian dollars. Temporary workers can be paid in Canadian currency or in another legal currency, as long as they are paid the Canadian equivalent wage stated in the offer of employment throughout the period of employment. The foreign currency should be noted in the offer of employment information, in the “Alternate compensation scheme” field.\nWages paid in a foreign currency must have been verified at the time of the work permit application to ensure they meet the requirements of the minimum provincial or territorial wage laws.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Wages (substantially the same but not less favourable)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/wages-occupation-working-conditions.html" + }, + { + "id": "pdi-tr-19-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Review of wages, occupation and working conditions provided — Working conditions (substantially the same but not less favo", + "marginal_note": "Working conditions (substantially the same but not less favourable)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Working conditions may include non-wage-related remuneration benefits and entitlements specifically detailed in the offer of employment, such as the following:\nlocation of employment\nstatutory holidays, sick days and vacation days\nhours of work (including overtime)\ntransportation costs (where applicable)\naccommodations, conditions and costs (where applicable)\nhealth or medical insurance\nother non-taxable benefits\nMany other working conditions and workplace standards are governed by provincial and territorial legislation, such as the following:\nobligations around dismissals and rights to file complaints\noccupational health and safety regulations and recruitment laws\nEmployers of foreign workers must also comply with these laws in order to meet IMP requirements.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Working conditions (substantially the same but not less favourable)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/wages-occupation-working-conditions.html" + }, + { + "id": "pdi-tr-20-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public list of Employers who have been non-compliant", + "marginal_note": "Public list of Employers who have been non-compliant", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nFor the Immigration, Refugees and Citizenship Canada (IRCC) International Mobility Program (IMP), If a Case Management Branch (CMB) Senior Decision Maker determines after an inspection that an employer has committed a violation resulting in an Administrative Monetary Penalty (AMP) or ban being applied because that employer failed to comply with one of the conditions imposed under the regulations and has notified the employer of that determination, the employer will have their name published on a public list.\nIn addition, if a CMB Senior Decision Maker determines, during the processing of a work permit , that the employer failed to satisfy the criteria set out in R200(1)(c)(ii.1)(B)(I) or R203 (1)(e)(i) and the failure to do so was not justified by the employer under R203(1.1) , the employers name will be added to the list.\nThe public list will include information about the employer and the period of ineligibility. As per R200(3)(h)(i) to (iii) , no work permit shall be issued for a foreign national to work for an ineligible employer.\nImportant: Processing officers should be aware that simply being on the public list does not make an employer ineligible. Officers must check the Status column to confirm eligibility. Employers who have received an AMP but no ban remain eligible to employ foreign nationals unless they have not paid the AMP or have not entered into and complied with a payment agreement.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Public list of Employers who have been non-compliant", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/public-list-employers-who-have-been-non-compliant.html" + }, + { + "id": "pdi-tr-20-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public list of Employers who have been non-compliant — Publication of an employer’s information", + "marginal_note": "Publication of an employer’s information", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The change in regulations implementing the AMP and varied ban lengths included a transitional provision (Clause 10) indicating that the penalty in place at time of the non-compliance event applies.\nNon-compliance events prior to December 1, 2015\nIf the non-compliance to the condition(s) took place before December 1, 2015, the Regulation(s) that were in effect at that time (pre-December 1, 2015) will determine the period of ineligibility for the employer and the details to accompany the publication of the employer name. As a result, in terms of disclosure of information, only the names, addresses, date of final decision and ban period of these ineligible employers will be included in the list of Employers who have been non-compliant [ R209.91(1) repealed].\nThe ‘Reason(s)’ field in the list will remain blank whenever the employer’s ineligibility was determined on a violation that occurred before December 1, 2015.\nNon-compliance events on or after December 1, 2015\nIn accordance with R209.997 , once a Notice of Final Determination (NOFD) for a violation of a condition, listed in R209.2 (IMP), R209.3 (TFWP) or R209.4 (both IMP and TFWP), has been issued, and an AMP or ban imposed, the name of the employer and all relevant information referred to in subsection R209.997(2), must be added to the list of Employers who have been non-compliant on IRCC’s website. The list serves to ensure that officers, potential foreign workers and the public are aware that the employer did not comply with one or more conditions set out in the Regulations and that an AMP or a ban was applied.\nNon-compliant employers who were issued only a warning letter will not be listed as per R209.997(1) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Publication of an employer’s information", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/public-list-employers-who-have-been-non-compliant.html" + }, + { + "id": "pdi-tr-20-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public list of Employers who have been non-compliant — Roles and responsibilities", + "marginal_note": "Roles and responsibilities", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Both IRCC and Employment and Social Development Canada (ESDC) are involved in ensuring that a non-compliant employers name is published as required by the regulations. The following is a breakdown of the roles and responsibilities.\nEmployment and Social Development Canada (ESDC) - Temporary Foreign Worker Program (TFWP)\nEmployers who have been found in violation of the conditions outlined in R209.3(1) or R209.4(1) by ESDC will also be included on IRCC’s website, and will be ineligible to hire foreign workers under the TFWP and IMP.\nESDC will send employer information directly to IRCC Communications Branch for posting with a copy to IRCC Case Management Branch.\nESDC will ensure that the information received by IRCC is accurate and timely.\nImmigration, Refugee and Citizenship Canada (IRCC) - International Mobility Program (IMP):\nCase Management Branch (CMB) role\nOnce a senior decision maker makes a determination of non-compliance and issues a Notice of Final Decision, the following information must be sent to Communications Branch as per the requirements of R209.997(2):\nFor both pre and post-December 1, 2015 events:\nthe business operating name and business legal name;\nbusiness address;\ndate of final determination;\nwhether or not the employer is currently eligible to employ a foreign national for whom a work permit is required,\nthe ineligibility period or ban of the employer\nFor post December 1, 2015 events only:\nthe conditions with which the employer failed to comply, as the case may be;\nthe AMP amount.\nCommunications Branch role\nUpdate IRCC’s website with the employer information within regular business hours.\nUpdates received outside business hours will be posted the next business day, unless previously arranged with the Communications Branch.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Roles and responsibilities", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/public-list-employers-who-have-been-non-compliant.html" + }, + { + "id": "pdi-tr-20-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public list of Employers who have been non-compliant — Review of employer eligibility during work permit processing", + "marginal_note": "Review of employer eligibility during work permit processing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "International Mobility Program (IMP)\nTo ensure program integrity, officers are required to check the list of Employers who have been non-compliant when processing work permit applications to ensure the employer is eligible to make an offer of employment to a foreign national.\nEmployers who receive an AMP, but no ban will remain eligible to employ foreign nationals for whom a work permit is required, unless they are in default of any amount payable of their AMP.\nIf an employer has been issued an AMP only and is not in default, officers may continue with processing the work permit application as per normal procedures.\nWork permit applications received from foreign nationals to work for employers whose names are on the list of Employers who have been non-compliant and have a status “ineligible” shall be refused as per R200(3)(h). The refusal is for not meeting work permit requirements under R200(1), not for an inadmissibility.\nFor instructions on refusal of work permits where the employer is ineligible, please refer to the program delivery instruction: Temporary Foreign Workers Program and International Mobility Program: Steps to determine work and assessment of work permit application\nRecording non-compliance for LMIA-exempt work permits\nOnce a Notice Of Final Determination (NOFD) has been issued, CMB officers will change the status of the employer in GCMS and in eAdmin (the Employer Portal interface).\nIn GCMS the status will be changed in the Organizations and Entities Screen Tab from ‘active’ to ‘inactive’. This will block work permits from being issued for inactive employers.\nThis change will only be made where the sub-type is ‘Regulatory Employer’ or ‘Regulatory Employer – Branch’ as this indicates that the employer created the account through the Employer Portal.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Review of employer eligibility during work permit processing (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/public-list-employers-who-have-been-non-compliant.html" + }, + { + "id": "pdi-tr-20-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public list of Employers who have been non-compliant — Review of employer eligibility during work permit processing", + "marginal_note": "Review of employer eligibility during work permit processing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In eAdmin, CMB will change the status in the Business Details tab to ‘inactive’. This will block the employer from continuing to submit offers of employment.\nCMB will send employer information directly to Communications Branch for posting with a copy to ESDC’s email address.\nCMB will ensure that the information received by Communications Branch, including when employers become eligible to hire foreign nationals, is accurate and timely.\nNote: Employers who have been notified of a ban will be ineligible to employ foreign nationals, until the ban has elapsed. R183 (1)(b.2) makes it a general condition on all temporary residents not to work for an ineligible employer.\nTemporary Foreign Worker Program (TFWP)\nOfficers must check the list of Employers who have been non-compliant to confirm that the employer remains eligible to hire temporary foreign workers.\nBefore approving or printing a work permit under the Temporary Foreign Worker Program (TFWP), officers should always refresh the Employment Details – LMIA view tab in GCMS to ensure they have the most up-to-date LMIA information.\nNote: For further information on reviewing LMIA information, officers can check: Labour Market Impact Assessment validity and suspension, and duration of employment .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Review of employer eligibility during work permit processing (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/public-list-employers-who-have-been-non-compliant.html" + }, + { + "id": "pdi-tr-20-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public list of Employers who have been non-compliant — Work permit holders already in Canada and working for a non-", + "marginal_note": "Work permit holders already in Canada and working for a non-compliant employer", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Work permits of foreign nationals working for an employer who has been found non-compliant, may be revoked. For more information, see Revocation of work permit due to public policy considerations . The designated authorities to revoke these permits are with CMB.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work permit holders already in Canada and working for a non-compliant employer", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/public-list-employers-who-have-been-non-compliant.html" + }, + { + "id": "pdi-tr-20-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public list of Employers who have been non-compliant — Maintaining the Public List", + "marginal_note": "Maintaining the Public List", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Ineligible employers can regain access to the International Mobility Program and the Temporary Foreign Worker Program when:\na ban has elapsed, or\nan employer is no longer in default.\nCMB and ESDC are responsible for ensuring the information on the list of Employers who have been non-compliant is kept up-to-date.\nCMB or ESDC will send an email to Communications Branch.\nEmail communication between IRCC (Communications Branch, CMB) and ESDC must always include a copy to all three parties.\nWhen an employer becomes eligible to access the IMP, CMB will change the status of the employer in eAdmin to ‘active’ and in GCMS in the Organizations and Entities Tab to ‘ active .’\nWhen an employer becomes eligible to access the TFWP, the eligibility will be reflected on IRCC’s website.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Maintaining the Public List", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/public-list-employers-who-have-been-non-compliant.html" + }, + { + "id": "pdi-tr-21-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer name changes and corporate restructurings", + "marginal_note": "Employer name changes and corporate restructurings", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nOrganization name changes and corporate restructurings may trigger work permit-related issues for temporary foreign workers employed in Canadian organizations and may have an impact on the employer compliance regime.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Employer name changes and corporate restructurings", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/guide-mergers-acquisitions.html" + }, + { + "id": "pdi-tr-21-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer name changes and corporate restructurings — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Positions that require a Labour Market Impact Assessment (LMIA) in the Temporary Foreign Worker Program (TFWP)\nPositions that require an offer of employment in the International Mobility Program (IMP)\nCorporate restructurings\nTemporary workers who hold employer-specific work permits\nFor more information", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/guide-mergers-acquisitions.html" + }, + { + "id": "pdi-tr-21-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer name changes and corporate restructurings — Positions that require a Labour Market Impact Assessment&nbs", + "marginal_note": "Positions that require a Labour Market Impact Assessment (LMIA) in the Temporary Foreign Worker Program (TFWP)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In corporate restructurings, the holder of the LMIA must contact Employment and Social Development Canada (ESDC)/Service Canada (SC) to inform them of the change. The LMIA is issued by ESDC/SC and allows Canadian employers to hire foreign nationals in a variety of occupations.\nThe LMIA application imposes conditions on the employer to abide by a prevailing wage, a specific job location and specific job duties when the work permit is issued. Therefore, each LMIA is tailored to fit a particular job offer by a particular employer.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Positions that require a Labour Market Impact Assessment (LMIA) in the Temporary Foreign Worker Program (TFWP)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/guide-mergers-acquisitions.html" + }, + { + "id": "pdi-tr-21-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer name changes and corporate restructurings — Positions that require an offer of employment in the Interna", + "marginal_note": "Positions that require an offer of employment in the International Mobility Program (IMP)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Many LMIA exemption programs require that there be a specific organization in Canada who provides the offer of employment, such as the following:\nNAFTA professionals\nIntra-company transferees\nYoung Professionals Program\nSpecific conditions under section R209.2 of the Immigration and Refugee Protection Regulations are imposed on the organization when the work permit is issued to the foreign national. The conditions on the employer are for the whole period of the work permit.\nIn addition to the conditions imposed, there may also be specific LMIA exemption program requirements that may be affected by a corporate restructuring, such as the intra-company transferees who require a qualifying corporate relationship between the foreign and Canadian entities. Therefore, if a qualifying relationship ceases to exist in the wake of a corporate restructuring, there is no basis for the emerging Canadian entity to continue to employ a temporary worker as an intra-company transferee.\nIn situations where the original organization still exists after the restructuring, they continue to be responsible for the temporary workers unless the new organization has become the “successor in interest” for the portion of the organization where the temporary workers were employed.\nThe new organization is responsible for ensuring that it only employs a foreign national in a capacity in which the foreign national is authorized under the Immigration and Refugee Protection Act (IRPA) to be employed, as per paragraph A124(1)(c) .\nExisting IMP organization with a change of name or address", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Positions that require an offer of employment in the International Mobility Program (IMP) (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/guide-mergers-acquisitions.html" + }, + { + "id": "pdi-tr-21-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer name changes and corporate restructurings — Positions that require an offer of employment in the Interna", + "marginal_note": "Positions that require an offer of employment in the International Mobility Program (IMP)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If an organization changes only its name or address and there are no other changes to the structure of the company or to its Canada Revenue Agency (CRA) business number, the organization will be considered by Immigration, Refugees and Citizenship Canada (IRCC) to be the same employer. They will therefore be assessed against their past compliance in providing their previous temporary workers with the wages, occupation and working conditions previously offered, when a new foreign national is applying for a work permit or at the time of an extension application. Where the work permit processing officer or the case analyst in an inspection learns of a name change, they should verify that there have been no other changes to the company.\nOfficers who are aware of changes in organization names should advise the employer that they must update the organization’s information in the Employer Portal. Officers should then place a note on the “Organization” tab and add the address as type “Other” to differentiate it from what the employer provides in their offer through the Employer Portal.\nExisting IMP organization with a change of business type\nIf an organization changes its business type (for instance, from proprietorship to corporation) and the change results in the issuance of new business number, the organization should contact IRCC using the Employer Portal mailbox and request that the CRA business number be corrected. This will ensure the original organization is linked with the ongoing one.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Positions that require an offer of employment in the International Mobility Program (IMP) (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/guide-mergers-acquisitions.html" + }, + { + "id": "pdi-tr-21-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer name changes and corporate restructurings — Corporate restructurings", + "marginal_note": "Corporate restructurings", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The most common corporate restructurings are acquisitions, mergers, consolidations and contractions:\nAn acquisition is the takeover of the controlling interest of one entity by another, and both entities retain their legal existence after the transaction.\nMergers and consolidations are the joining together of two entities into a single entity called a surviving entity. The surviving entity assumes all of the assets and liabilities of the merged entities (that is, it purchases the stock, assets and liabilities of the other entities, absorbing them into one corporate structure).\nA contraction is the reduction in size of a corporation, and it can take several different forms: divestitures, equity carve-outs, spin-offs or split-offs, and split-ups. A divestiture is a sale of a portion of the firm to an outside party. An equity carve-out is a variation of a divestiture that involves the sale of an equity interest in a subsidiary to outsiders. A new legal entity is also created in a standard spin-off. In a split-up, the entire firm is broken up into a series of spin-offs.\nThe specific characteristics of the restructuring will dictate the resulting action that is required of the employer and the foreign worker.\nThe main consideration for temporary workers who hold employer-specific work permits is whether the new organization can be seen to be a successor in interest employer or, in the case of an acquisition, the same employer.\nNote: Changes in ownership structure should not require a new LMIA or offer of employment if the new organization is a successor in interest.\nAdditional considerations for processing officers", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Corporate restructurings (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/guide-mergers-acquisitions.html" + }, + { + "id": "pdi-tr-21-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer name changes and corporate restructurings — Corporate restructurings", + "marginal_note": "Corporate restructurings", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Intra-company transferees: Processing officers must ensure that the qualifying relationship continues to exist between the foreign entity and the Canadian entity. See the guidance on intra-company transferees for more information on qualifying relationships.\nProvincial nominations: The employer-specific nomination must still be supported by the province when a business is sold or restructured. See information about provincial nominee employer-specific work permit applications .\nDefinition of successor in interest\nTo establish a successor in interest, the successor entity must demonstrate that it has substantially assumed the interests and obligations, assets and liabilities of the original owner and that it continues to operate the same type of business as the original owner.\nDocumentation: The successor in interest can be established through a transfer of ownership document that provides the details about the restructuring.\nIf some assets or liabilities are not assumed by the successor entity after the corporate restructuring, the successor in interest may not exist. This may occur when a shelf corporation is created and a minimal asset or liability is left with a corporation. Shelf corporations have no activity. They are usually sold to individuals who would prefer to have an aged corporation rather than a new one. A business entity that is created through a process other than incorporation (such as a limited liability company) is simply called a shelf company.\nBelow are some economic determinants to assist processing officers and case analysts in establishing whether an entity has assumed the required interests, obligations, assets and liabilities of the previous owner.\nAssets include, but are not limited to the following:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Corporate restructurings (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/guide-mergers-acquisitions.html" + }, + { + "id": "pdi-tr-21-4-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer name changes and corporate restructurings — Corporate restructurings", + "marginal_note": "Corporate restructurings", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "current assets, such as cash, short-term investments, receivables, inventories and prepaid expenses\nlong-term investments, such as securities and pension funds\nproperty, plants and equipment\nhuman resources\nintangible assets, such as patents, licenses, trademarks and software development costs\nLiabilities include, but are not limited to the following:\ncurrent liabilities, such as notes and accounts payable, short-term debts, advances from customers on contracts, accrued compensation and benefits and income tax payable\nlong-term liabilities, such as the issuance of bonds, long-term lease obligations, deferred income tax liabilities, service or product warranties and other contingencies\ncontinued employment of temporary workers with employer-specific work permits and the assumption of conditions imposed on the employer\nOrganization selling the business\nWhere an organization sells or otherwise transfers their business to a new organization, the original organization is still responsible for ensuring that conditions were met until the time of transfer. The new organization may be responsible for continuing the compliance if they are the successor in interest.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Corporate restructurings (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/guide-mergers-acquisitions.html" + }, + { + "id": "pdi-tr-21-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer name changes and corporate restructurings — Temporary workers who hold employer-specific work permits", + "marginal_note": "Temporary workers who hold employer-specific work permits", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Changes in ownership structure should not require a new LMIA or offer of employment if the new organization assumes the previous owner’s assets and liabilities (including those of the previous owner relating to the hiring and retention of temporary workers [for instance, where a successor in interest can be demonstrated]).\nIf the new organization is a successor in interest\nIf the take-over organization is a successor in interest in that it has substantially assumed the interests, obligations, assets and liabilities of the original organization (wholly or partially) and continues to operate the same type of business as the original organization, the take-over organization remains the “employer” for the purpose of the existing work permit as well.\nThe temporary worker is not obligated to obtain a new work permit and will continue to be authorized to work in Canada for the duration of the period stated on the existing work permit as long as both of the following apply:\nThe take-over organization meets the requirements under which the LMIA-exempt work permit was issued (for instance, a qualifying relationship for intra-company transferee), or the take-over organization assumes the LMIA contract.\nThe worker’s employment conditions as per the original offer of employment (for example, the wages, duties and location) have not changed.\nIf the new organization is not a successor in interest\nIf the take-over organization does not become a successor in interest (that is, it does not assume all of the interests, obligations, assets and liabilities of the original organization), a new LMIA or offer of employment and new work permits are required for all temporary workers holding employer-specific work permits, and the employees should cease working for the take-over organization until new work permits have been obtained.\nThe new organization is responsible for ensuring that it only employs a foreign national in a capacity in which the foreign national is authorized under the IRPA to be employed, as per paragraph A124(1)(c) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary workers who hold employer-specific work permits", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/guide-mergers-acquisitions.html" + }, + { + "id": "pdi-tr-21-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer name changes and corporate restructurings — For more information", + "marginal_note": "For more information", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Employer Portal\nEmployer Portal enrolment guide\nEmployer Portal user guide\nFrequently asked questions about hiring temporary workers\nMore Help Centre Q&As\nHire a temporary worker through the International Mobility Program\nEmployer compliance fee exemptions", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: For more information", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/guide-mergers-acquisitions.html" + }, + { + "id": "pdi-tr-22-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary workers: Eligibility and admissibility", + "marginal_note": "Temporary workers: Eligibility and admissibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nTemporary Foreign Workers Program and International Mobility Program: Steps to determine work and assessment of work permit application\nStrike situations\nLanguage requirements\nImmigration warrants\nOpen work permits\nWork permit issuance prohibitions\nEmployer-specific work permits with Labour Market Impact Assessment exemptions\nPublic list of employers who have been non-compliant\nConditions of the work permit including validity period\nAssessing medical requirements\nUrgent referrals process for work permits\nTemporary Foreign Worker Program: Quebec cases\nAdditional information to consider under sections A34 to 37", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary workers: Eligibility and admissibility", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility.html" + }, + { + "id": "pdi-tr-23-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Foreign workers: Assessing medical requirements", + "marginal_note": "Foreign workers: Assessing medical requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nParagraph  A16(2)( b ) requires that subject to the regulations, foreign nationals must submit to medical examination. Certain foreign workers must pass a medical examination before undertaking work in Canada.\nParagraphs  R(30)(1)( a ) to ( g ) provides further detail.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Foreign workers: Assessing medical requirements", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/assessing-medical-requirements.html" + }, + { + "id": "pdi-tr-23-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Foreign workers: Assessing medical requirements — Occupations in which the protection of public health is esse", + "marginal_note": "Occupations in which the protection of public health is essential [R30(1)( a )(ii)]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Foreign workers intending to work in a field where the protection of public health is essential require a medical examination, regardless of the duration of stay . A work permit cannot be issued to them until they have passed the immigration medical examination, or if they still possess a valid medical certificate based on the most recent medical examination they were required to undergo within the previous 12 months. For more information, see Who must submit to an immigration medical examination? .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Occupations in which the protection of public health is essential [R30(1)( a )(ii)]", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/assessing-medical-requirements.html" + }, + { + "id": "pdi-tr-23-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Foreign workers: Assessing medical requirements — Procedures and processing", + "marginal_note": "Procedures and processing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Foreign nationals medically inadmissible as permanent residents who may be admissible as temporary residents\nNot all medical assessment results can be used interchangeably: a foreign national who is medically inadmissible as a permanent resident may be admissible as a temporary resident. The reverse may also be true if the temporary resident’s medical condition improves between applications, such as when an active medical condition becomes inactive after treatment.\nWith some exceptions (noted below), when an applicant changes categories, a medical officer must assess medical examination results for the new category. If the first examination was less than a year earlier, a new examination may not be necessary, as a medical officer may be able to review the existing results in the new category. Otherwise, officers should issue instructions for a new examination in the new category.\nThe only exceptions are permanent residence applicants with M1, M2 or M3 profiles and temporary residents with M1 and M2 profiles. They do not need a medical officer to assess their examination results in the new category, provided that the medical assessment is still valid, i.e., within 12 months of the applicant’s last immigration medical examination.\nA medical officer must review the existing medical assessment of temporary residents with an M3 profile who apply for permanent residence.\nReminder: Officers should initiate a client search and review any previous medical results when appropriate.\nProcessing medical requirements at the port of entry\nParagraph R198(2)( b ) states that, in order to apply for a work permit on entry, a person must hold a valid medical certificate, if they require one.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Procedures and processing (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/assessing-medical-requirements.html" + }, + { + "id": "pdi-tr-23-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Foreign workers: Assessing medical requirements — Procedures and processing", + "marginal_note": "Procedures and processing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Foreign workers who have undergone a medical examination within the previous 12 months, before arriving at the port of entry and possess a valid medical certificate are not required to undergo any further medical examination, unless officers have reason to believe that the person may not be admissible for medical reasons. When the validity of the medical certificate is about to expire and the applicant did not arrive at the port of entry before then, a reassessment or a new medical examination is required.\nForeign workers who:\nare seeking to work in Canada in an occupation in which the protection of public health is essential [ R30(1)( a )(ii) ]; or\nare from a country where medical examination is required and will be working for more than six months in Canada [R30(1)( a )(iii)(A) and (B)]\nmust apply for their work permit at a visa office—whether visa-exempt or not—unless valid medical examination results are available at the time of entry.\nConditions related to medical status\nIf a client falls within a group defined by section R30, or where a client requests, and is eligible for, an unrestricted open work permit , medical instructions should be issued. An unrestricted open work permit may not be issued until proof is received that medical status is acceptable. The results of the medical examination will dictate whether an applicant may be issued an open work permit that is unrestricted, or one that has an occupational restriction due to health problems.\nNote: Any restriction (not the client's actual medical condition which led to the restriction) should be noted on the work permit.\nIn-Canada extension requests", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Procedures and processing (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/assessing-medical-requirements.html" + }, + { + "id": "pdi-tr-23-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Foreign workers: Assessing medical requirements — Procedures and processing", + "marginal_note": "Procedures and processing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "All temporary residents from medically designated countries , including foreign workers employed in occupations other than those described above should be issued normal extensions for the time requested by the client, if approved, with medical instructions. Remarks on the work permit must indicate “Additional condition: Must undergo immigration medical examination for further extensions to be considered.”\nNo follow-up takes place unless and until the client applies again for a new document. In cases where it is felt appropriate (i.e., including non-compliance), officers may impose conditions requiring the client to have a medical examination and prove compliance.\nWhen the client has been previously assessed as M3 or M2 and the medical narrative specifies that an update or reassessment is required, the case must be referred to the Health Branch (HB) for review if the client is requesting an extension and the medical certificate has expired. In these cases, the steps detailed below should be followed:\nOfficers should send an email to the Medical-Services-Inquiries mailbox indicating the Client ID, medical file number, date of last immigration medical examination and details about the extension request, particularly the duration of stay requested by the client.\nThe file should be held for five working days to allow HB to respond to the request.\nOnce the HB responds, their advice should be followed.\nIf no response is received within five days, officers should immediately send a reminder to the HB indicating “URGENT” in the subject field of the message and continue to hold the file. This should also be recorded in GCMS notes.\nMedical surveillance", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Procedures and processing (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/assessing-medical-requirements.html" + }, + { + "id": "pdi-tr-23-2-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Foreign workers: Assessing medical requirements — Procedures and processing", + "marginal_note": "Procedures and processing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The office (whether a CIC office, a port of entry, the Case Processing Centre in Vegreville or a visa office) which requested the medical examination in connection with a temporary resident’s application is, where required for clients with an M2 code for inactive tuberculosis, responsible for issuance of the Medical Surveillance Undertaking form [IMM 0535B]. Once completed, a copy, along with the pamphlet should be given to the client and the second one sent to the Public Health Liaison Unit (PHLU).\nHowever, if, on the current visa, the client has a condition to report for medical surveillance and there is no documented proof of compliance, then the request for extension should be postponed or denied until such proof is available to CIC. The visa officer must re-issue the IMM 0535 form to the client and forward one copy to the PHLU.\nMedical coding\nMedical results are communicated in coded form (see Medical assessment coding ).\nRefugees\nForeign nationals who claim refugee protection in Canada [ R30(1)( a )(v) ];\nForeign nationals who are seeking to enter or remain in Canada and who may apply to the Minister for protection under subsection A112(1) , other than foreign nationals who have not left Canada since their claim for refugee protection or application for protection was rejected [R30(1)( a )(vi)];\nRefugee claimants and the members of their family in Canada must undergo medical examinations before they can work in Canada. See Applicants with no other means of support [R206] .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Procedures and processing (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/assessing-medical-requirements.html" + }, + { + "id": "pdi-tr-24-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Foreign workers: assessing a temporary foreign worker’s eligibility to work in A", + "marginal_note": "Foreign workers: assessing a temporary foreign worker’s eligibility to work in Alberta in a compulsory certification trade position", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "All in-Canada visitor extension, study permit and work permit applications must be submitted electronically, with some exceptions. Consult the list of  programs that are exempt from the in-Canada mandatory electronic application requirement .\nThis section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe training and certification standards of tradespersons working in Alberta are the responsibility of Alberta industry, as represented by Alberta Apprenticeship and Industry Training ( AAIT ).\nThe assessment of a temporary foreign workers’ qualifications or certification (under section  R203 ) falls to Citizenship and Immigration Canada (CIC) and Canada Border Services Agency (CBSA) officers, who have sole responsibility for determining whether the foreign national is able to perform the work offered, including verifying that the temporary foreign worker has been assessed by AAIT and has the relevant letter or proper certification to enter Canada to work in a compulsory trade in Alberta.\nOfficers have the authority to refuse a work permit request when the employer and the worker have not obtained these approvals or certificates.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Foreign workers: assessing a temporary foreign worker’s eligibility to work in Alberta in a compulsory certification trade position", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/assessing-temporary-foreign-worker-eligibility-work-alberta-compulsory-certification-trade-position.html" + }, + { + "id": "pdi-tr-24-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Foreign workers: assessing a temporary foreign worker’s elig — Requirements", + "marginal_note": "Requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Temporary foreign workers who want to work in a compulsory certification trade position in Alberta must be certified journeypersons or hold one of the following (or both):\na valid Alberta Qualification Certificate;\na valid Canadian provincial or territorial trade certificate recognized by Alberta ( see Note );\na valid out of-country trade certificate recognized as equivalent by Alberta ( recognized certificates );\na valid Alberta Equivalency Document ;\nan authorization letter from AAIT permitting a requesting employer to hire temporary foreign workers in specified occupations for specialty work, generally for shorter periods of time. This authorization must be obtained prior to the temporary foreign worker coming to Canada;\na valid AAIT Qualification Certificate Program (QCP) approval letter obtained prior to coming to Canada;\nan approved Request for Extension of the QCP-Work Experience Application Program letter that indicates AAIT’s approval for the temporary foreign worker’s extended participation in the QCP, the completion of which was delayed due to circumstances beyond the temporary foreign workers’ control.\nNote: This letter should be attached to an in-Canada application to extend the initial one-year work permit.\nNote: Trade certificates issued by non-Alberta regulatory authorities\nTemporary foreign workers who have a Certificate of Qualification from any Canadian province or territory other than Alberta, with or without the Interprovincial Red Seal endorsement, would be eligible to work in Alberta without an Alberta Qualification Certificate. The trade certificate must be recognized in the Province of Alberta. To learn more about AAIT certification requirements, visit Alberta Innovation and Advanced Education website.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Requirements", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/assessing-temporary-foreign-worker-eligibility-work-alberta-compulsory-certification-trade-position.html" + }, + { + "id": "pdi-tr-24-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Foreign workers: assessing a temporary foreign worker’s elig — AAIT process", + "marginal_note": "AAIT process", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To maintain industry standards in Alberta and to promote workplace safety, AAIT evaluates and tests out-of-country tradespersons destined to work in the province. Information on AAIT certification requirements to work in a trade in Alberta can be found at Alberta Innovation and Advanced Education website.\nAll uncertified temporary foreign workers with approved QCP applications are eligible to work in Alberta under the supervision of a certified journeyperson while challenging the required certification exams.\nThe QCP application approval letter (issued only to uncertified temporary foreign workers) is valid for 12 months from the date of issuance of the letter; the temporary foreign worker has 12 months to come to Alberta, Canada, or their application to the QCP will be cancelled. Once the temporary foreign worker arrives in Canada and notifies AAIT of their arrival, they will then have up to 12 months to challenge the QCP exams. Upon meeting all industry trade requirements, including passing the required trade examinations, the temporary foreign worker will be issued an Alberta Qualification Certificate.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: AAIT process", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/assessing-temporary-foreign-worker-eligibility-work-alberta-compulsory-certification-trade-position.html" + }, + { + "id": "pdi-tr-24-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Foreign workers: assessing a temporary foreign worker’s elig — Handling extensions", + "marginal_note": "Handling extensions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Certain circumstances can impact a QCP applicant’s ability to complete their trade certification within the 12 months following arrival, such as the exam or exam facility not being available. In these cases, AAIT may issue its approval in the Request for Extension of the QCP-Work Experience Application Program letter. CPC-Vegreville may issue the extension without the requirement for a Labour Market Impact Assessment (LMIA).\nAlternatively, a new LMIA is required when the temporary foreign worker has completed their certification and the employer—or a new employer-would like to continue to employ the temporary foreign worker.\nMore information about AAIT’s QCP can be found on the Apprenticeship and Industry Training Web site .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Handling extensions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/assessing-temporary-foreign-worker-eligibility-work-alberta-compulsory-certification-trade-position.html" + }, + { + "id": "pdi-tr-24-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Foreign workers: assessing a temporary foreign worker’s elig — Service Canada’s role", + "marginal_note": "Service Canada’s role", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Service Canada issues an LMIA, directs the employer to the AAIT website for information and describes the different types of documents the temporary foreign worker must possess depending on the circumstances.\nService Canada officers will include notes in Employment and Social Development Canada (ESDC)’s LMIA letter as well as the Foreign Worker System (FWS) to advise CIC and CBSA officers that the foreign national must have the relevant trade certificate or document from AAIT as listed above.\nThe Service Canada LMIA letter and FWS note to CIC and CBSA officers will read the following:\n“For skilled trade positions with compulsory certification in Alberta, the temporary foreign worker must be in possession of either the relevant trade certificate, or an Alberta Apprenticeship and Industry Training (AAIT) letter indicating that they are (1) permitted to work in the province for a specified period of time, or (2) qualified to work in the province for a specified period of time prior to taking the trade certification exam(s).\nAdditional note for the FWS: Generally speaking, Service Canada will not be aware of the temporary foreign worker’s certification status, and thus an LMIA for a compulsory trade position may be issued with an employment duration of 24 months for high-wage jobs and 12 months for low-wage jobs. Nevertheless, when issuing the work permit, the CIC or CBSA officer must consider both the LMIA employment duration and the temporary foreign worker’s certification status (i.e., whether the temporary foreign worker is trade certified and therefore eligible to receive a 24 month work permit, or possesses an AAIT letter and is therefore eligible to receive a work permit adhering to the AAIT letter’s validity period). Where there is a discrepancy between the LMIA employment duration and the AAIT-approved work period, CBSA officers should issue the work permits for the shorter duration among the permitted options. See the chart below for guidance.\nA new LMIA will be required to support a work permit extension application.”\nAs is consistent with the current procedure, LMIAs will still be issued with a six-month expiry date by which the temporary foreign worker must submit their work permit application to CIC or CBSA.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Service Canada’s role", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/assessing-temporary-foreign-worker-eligibility-work-alberta-compulsory-certification-trade-position.html" + }, + { + "id": "pdi-tr-24-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Foreign workers: assessing a temporary foreign worker’s elig — CIC and CBSA instructions for issuing work permits to tempor", + "marginal_note": "CIC and CBSA instructions for issuing work permits to temporary foreign workers", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Along with a positive LMIA letter, CIC and CBSA officers will require a copy of the relevant trade certificate or letter issued by AAIT (compulsory trades only) indicating the circumstances under which the foreign worker is permitted to work in Alberta.\nThe onus remains on the employer and the temporary foreign worker to procure the relevant AAIT letter or trade certificate and include it with the work permit application.\nIf the temporary foreign worker has obtained neither the relevant AAIT letter nor a trade certificate, they do not meet the requirements of R200(3)( a ) , and CIC or CBSA shall not issue a work permit. Otherwise, a work permit will be issued with the duration based on the validity specified in the AAIT authorization letter (generally up to 90 days for any temporary foreign workers) or QCP approval letter (12 months for temporary foreign workers who are uncertified at the time of arrival, or, for certified temporary foreign workers, 24 months for those in high-wage positions and 12 months for those in low-wage positions). However, the employment duration approved in the LMIA should also be a key factor in determining the work permit duration.\nIf there is a discrepancy between the LMIA employment duration and the AAIT-approved work period, border services officers should issue the work permit for the shorter duration between the permitted options. See the chart below for guidance.\nLMIA category and employment duration\nTemporary foreign worker certification status and AAIT-approved work period\nRecommended work permit duration\nHigh-wage = 24 months\nUncertified = 12 months\n12 months\nHigh-wage = 24 months\nCertified = 24 months\n24 months\nLow-wage = 12 months\nUncertified = 12 months\n12 months\nLow-wage = 12 months\nCertified = 24 months\n12 months", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: CIC and CBSA instructions for issuing work permits to temporary foreign workers", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/assessing-temporary-foreign-worker-eligibility-work-alberta-compulsory-certification-trade-position.html" + }, + { + "id": "pdi-tr-25-0-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Foreign workers: Assessing in the event of a strike situation", + "marginal_note": "Foreign workers: Assessing in the event of a strike situation", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "All in-Canada visitor extension, study permit and work permit applications must be submitted electronically, with some exceptions. Consult the list of  programs that are exempt from the in-Canada mandatory electronic application requirement .\nThis section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nR200(3)(c) of the IRPR prohibits employers’ use of foreign workers (FWs) as strike-breakers. This interpretation is consistent with Canadian and provincial/territorial labour laws that protect the rights of those who are lawfully engaged in a strike or lockout.\nThe exception in R200(3)(c) allows a work permit to be issued if all or almost all of those on strike are not Canadian citizens or permanent residents of Canada, providing such issuance does not contravene existing provincial/territorial legislation.\nFWs are entitled to be part of a lawfully authorized strike. Work permits cannot be revoked despite the occurrence of a labour dispute at the workplace. FWs can be authorized re-entry on an existing valid work permit as they are not applying for a new work permit and therefore, R200(3)(c) should not be applied.\nIn the case of a legal strike, FWs have several means of recourse, including:\nWaiting out the strike with minimal strike pay (like others in the same situation);\nReturning home; or\nFinding another position where there are identified shortages in the labour market and proceeding with the normal work permit application process.\nIf the FW is looking to find a new employer or to obtain secondary employment, they should be advised of the following:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Foreign workers: Assessing in the event of a strike situation (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/assessing-event-strike-situation.html" + }, + { + "id": "pdi-tr-25-0-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Foreign workers: Assessing in the event of a strike situation", + "marginal_note": "Foreign workers: Assessing in the event of a strike situation", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "It is the FW’s responsibility to find a new employer and that employer’s responsibility to apply for a Labour Market Impact Assessment (LMIA) with Employment and Social Development Canada/Service Canada ( ESDC/SC).\nThe normal process will be followed for both the LMIA and work permit applications.\nIf the FW is concerned about falling out of status during the strike:\nThe FW should be advised to submit a completed Application to Change Conditions, Extend my Stay, or Remain in Canada to the address below, prior to the expiry of their current work permit. CIC will accept applications even though all requirements are not met at the time of submission. That is, the application should include all required documents and fees, with the exception of the LMIA. The FW should be advised to send the LMIA to the same mailing address once received.\nThe Case Processing Centre in Vegreville (CPC-V) will log receipt of the application and then place the application on hold for four months. The FW will have implied status during this time.\nCPC-V should inform the Temporary Resident Program Delivery Division (TRPD) in OMC of the applications, including any available information on the employer/union. Please send the information indicating “FW-Strike Situation” in the subject line.\nOMC/TRPD will monitor the strike situation and inform CPC-V of any updates, including the end of the strike.\nIf the FW provides a valid LMIA to CPC-V during the four-month period, CPC-V can finalize processing accordingly. CPC-V will not monitor the system for the presence of an LMIA.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Foreign workers: Assessing in the event of a strike situation (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/assessing-event-strike-situation.html" + }, + { + "id": "pdi-tr-25-0-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Foreign workers: Assessing in the event of a strike situation", + "marginal_note": "Foreign workers: Assessing in the event of a strike situation", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Four months after receipt in CPC-V, the application will be finalized by CPC-V, whether the strike is over or not. If the LMIA is still outstanding, CPC-V will contact the FW to request the LMIA, allowing 30 calendar days for reply. CPC-V will finalize processing once the outstanding LMIA is received, or after 30 days if no reply is received.\nIn this process, ESDC/SC will continue to respect R203(3)(f), which states that one factor ESDC must consider when providing an LMIA is “whether the employment of the foreign national is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute.”\nA FW who is in a strike situation may approach the local CIC office or contact the Call Centre for assistance.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Foreign workers: Assessing in the event of a strike situation (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/assessing-event-strike-situation.html" + }, + { + "id": "pdi-tr-26-0-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Foreign workers: Assessing language requirements", + "marginal_note": "Foreign workers: Assessing language requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nR200(3)(a) states that:\n\"An officer shall not issue a work permit to a foreign national if there are reasonable grounds to believe that the foreign national is unable to perform the work sought.\"\nImmigration officers should not limit their assessment of language, or other requirements to perform the work sought, solely to those described in the Labour Market Impact Assessment (LMIA). However, the language requirement stated in the LMIA should be part of the officer's assessment of the applicant’s ability to perform the specific work sought because it is the employer's assessment on the language requirement(s) for the job.\nAdditionally, the officer can consider:\nthe specific work conditions and any arrangements the employer has made or has undertaken to make to accommodate the applicant’s limited ability in English or French and to address potential safety concerns if any; and\nterms in the actual job offer, in addition to general requirements set out in the National Occupational Classification (NOC) description for the occupation. This is applied in assessing the extent to which weak official language skills could compromise the applicant’s “ability to perform the work sought”.\nAn officer should NOT consider perceived challenges the applicant might face in interacting with the broader community, such as availing him/herself of community services, if this is not relevant to their job performance. Such a consideration is beyond the scope of the current legislation.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Foreign workers: Assessing language requirements (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/assessing-language-requirements.html" + }, + { + "id": "pdi-tr-26-0-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Foreign workers: Assessing language requirements", + "marginal_note": "Foreign workers: Assessing language requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The same principles respecting official language capability and the applicant’s ability to perform the work sought apply irrespective of the skill level of the intended occupation. There is no separate standard or criteria for applicants at NOC skill levels C or D.\nAn applicant's language ability can be assessed through an interview or official testing such as IELTS/TEF or in-house mission testing practice. In deciding to require proof of language ability, the officer’s notes should refer to the LMIA requirements, working conditions as described in the job offer and NOC requirements for the specific occupation, in determining what precise level of language requirement is necessary to perform the work sought. System notes must clearly indicate the officer’s language assessment, and in the case of a refusal, clearly show a detailed analysis on how the applicant failed to satisfy the officer that they would be able to perform the work sought.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Foreign workers: Assessing language requirements (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/assessing-language-requirements.html" + }, + { + "id": "pdi-tr-26-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Foreign workers: Assessing language requirements — Canada-Provincial/Territorial Immigration Agreements", + "marginal_note": "Canada-Provincial/Territorial Immigration Agreements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Issues of language capacity and effective community orientation are being addressed through the TFW Annexes of some Canada-Provincial/Territorial Immigration agreements.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Canada-Provincial/Territorial Immigration Agreements", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/assessing-language-requirements.html" + }, + { + "id": "pdi-tr-27-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Foreign workers: Assessing individuals subject to immigration warrants", + "marginal_note": "Foreign workers: Assessing individuals subject to immigration warrants", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nWhen an inadmissible individual fails to comply with a CBSA officer's request to appear at an enforcement office for reasons such as receipt of a PRRA determination or to enforce their removal from Canada at a port of entry the officer may issue a warrant for the arrest and detention of the individual. After a full investigation, if the individual cannot be located, a Canada-wide warrant for their arrest is entered on the Canadian Police Information Centre (CPIC) system, which is accessible to all law enforcement agencies and ultimately gives them the authority to arrest on the CBSA's behalf. This process is in place to ensure that individuals with active warrants for removal are apprehended as soon as possible and removed from Canada to maintain the integrity of the immigration program.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Foreign workers: Assessing individuals subject to immigration warrants", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/assessing-individuals-subject-immigration-warrants.html" + }, + { + "id": "pdi-tr-28-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work permit issuance prohibitions", + "marginal_note": "Work permit issuance prohibitions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nOnce an officer has assessed that a foreign national is eligible to apply for a work permit (Step 4), they must determine if there exist any prohibitions on the issuance of the permit (Step 5).\nSubsection 200(3) of the Immigration and Refugee Protection Regulations (IRPR) specifies the situations where an officer must not issue a work permit. These situations are outlined below.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work permit issuance prohibitions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/prohibitions.html" + }, + { + "id": "pdi-tr-28-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work permit issuance prohibitions — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Unable to perform work\nAttestation of issuance of a Quebec Acceptance Certificate (CAQ)\nAdversely affect labour dispute\nDoes not meet Live-in Caregiver Program (LCP) requirements (R112 repealed)\nUnauthorized work or study\nVulnerable workers: Non-application of paragraph R200(3)(e)\nCompliance with federal-provincial agreements\nNo offer of employment or applicable employer compliance fee paid\nEmployer is engaged in striptease, erotic dance, escort services or erotic massages\nEmployers who have been found non-compliant", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/prohibitions.html" + }, + { + "id": "pdi-tr-28-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work permit issuance prohibitions — Unable to perform work", + "marginal_note": "Unable to perform work", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the officer believes for any reason that the foreign national will not be able to perform their duties, they must not issue the work permit based on reasonable grounds [R200(3)(a)].\nThe officer must assess whether the foreign national meets the job requirements, including experience, education, language , training and any other elements as specified in the labour market impact assessment (LMIA) or the LMIA-exempt offer of employment, and whether there are any other factors that may prevent the foreign national from being able to perform the duties of the position.\nAn officer only requires reasonable grounds to believe that the foreign national will be unable to perform the duties of the job.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Unable to perform work", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/prohibitions.html" + }, + { + "id": "pdi-tr-28-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work permit issuance prohibitions — Attestation of issuance of a Quebec Acceptance Certificate&n", + "marginal_note": "Attestation of issuance of a Quebec Acceptance Certificate (CAQ)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If a foreign national intends to work in Quebec, they must hold a CAQ [R200(3)(b)] in either of the following cases:\nwhen an LMIA is required\nif the laws of Quebec require it\nIn general, if the foreign national is LMIA-exempt or if the duration of work is less than 30 days, no CAQ is required. In addition, Quebec does not require a CAQ for unpaid internships. Officers can determine when a CAQ is required by reviewing the information on the Quebec cases page.\nThe processing officer must ensure that where the foreign national is destined for Quebec and the employment is not LMIA-exempt, the employer has obtained both a valid LMIA and a CAQ.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Attestation of issuance of a Quebec Acceptance Certificate (CAQ)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/prohibitions.html" + }, + { + "id": "pdi-tr-28-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work permit issuance prohibitions — Adversely affect labour dispute", + "marginal_note": "Adversely affect labour dispute", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A work permit should not be issued if the work that the foreign national intends to perform is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute [R200(3)(c)]. Employers cannot use temporary workers as strike-breakers .\nThere are a few exceptions to this regulation. See Foreign workers: Assessing in the event of a strike situation for further information.\nIf the temporary worker would become a strike-breaker after being issued a work permit, the officer must not issue the work permit.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Adversely affect labour dispute", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/prohibitions.html" + }, + { + "id": "pdi-tr-28-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work permit issuance prohibitions — Does not meet Live-in Caregiver Program (LCP) requireme", + "marginal_note": "Does not meet Live-in Caregiver Program (LCP) requirements (R112 repealed)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "LMIAs for employers to hire foreign nationals in the formal LCP were capped at 0 on November 30, 2014. Section R112 has since been repealed [R200(3)(d)].\nNote: Only foreign nationals who currently hold a work permit as a live-in caregiver may have their work permit extended under the LCP.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Does not meet Live-in Caregiver Program (LCP) requirements (R112 repealed)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/prohibitions.html" + }, + { + "id": "pdi-tr-28-6-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work permit issuance prohibitions — Unauthorized work or study", + "marginal_note": "Unauthorized work or study", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "There are several factors that could be applied under paragraph R200(3)(e). Only 1 of the following factors [R200(3)(e)(i) to (iv)] needs to apply for the officer to refuse the work permit.\n(i) Unauthorized work or study and 6 months not elapsed\nAs per subparagraph R200(3)(e)(i), the officer should not issue a work permit if either of the following applies:\nthe foreign national worked or studied in Canada even though they never held a previous work or study permit, nor were they authorized to work [R196]\nthe foreign national worked or studied in Canada under authorization but did not comply with the imposed conditions [R200(3)(e)(ii)]\nThe officer may issue a work permit as long as 6 months have passed since the foreign national stopped their unauthorized work or study.\nNote: Under subsection R182(1), officers may reinstate or restore the status of temporary residents who have failed to comply with subparagraphs R185(b)(i) to (iii) only if they have met the following restrictions:\nthey have not been out of status for more than 90 days\nthey have not otherwise failed to comply with the specified conditions of their stay\n(ii) Failed to comply with more than 1 imposed condition\nAs per subparagraph R200(3)(e)(ii), if the foreign national has failed to comply with a condition of a previous permit or authorization, unless the study or work was unauthorized only because the foreign national did not comply with conditions imposed under paragraph R185(a) , subparagraphs R185(b)(i) to (iii) or paragraph R185(c) . Paragraphs R185(d) and (e) are not included in these exemptions.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Unauthorized work or study (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/prohibitions.html" + }, + { + "id": "pdi-tr-28-6-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work permit issuance prohibitions — Unauthorized work or study", + "marginal_note": "Unauthorized work or study", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the foreign national did not comply with only 1  imposed condition, a work permit can be issued as long as they have applied for restoration of their temporary resident status.\nHowever, if the foreign national did not comply with more than 1  imposed condition, they may not be issued a work permit under paragraph R200(3)(e).\nSee Conditions and validity period on work permits for more details .\nExample\nA temporary worker was authorized to work for employer A as a waiter until July 15, 2017, and continued working beyond July 15 without applying for a new work permit.\nIf the foreign national otherwise meets eligibility and admissibility requirements, they could be issued a new work permit without waiting for 6 months to elapse.\nHowever, if the temporary worker was authorized to work for employer A as a waiter until July 15, 2017, and on August 15, 2017, they began working for employer B as a waiter, their work is considered “unauthorized” and they must wait for 6 months to pass since the day the work for employer A stopped before a work permit can be issued.\n(iii) Refugee claimant or unenforceable removal order\nAs per subparagraph R200(3)(e)(iii), if the foreign national is applying for a work permit under the LMIA exemption (section 206, refugee claimant or unenforceable removal order), it does not matter if they previously worked or studied without authorization or did not comply with a condition. The officer may issue a work permit as per Applicants with no other means of support [R206] .\n(iv) Temporary resident permit issued", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Unauthorized work or study (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/prohibitions.html" + }, + { + "id": "pdi-tr-28-6-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work permit issuance prohibitions — Unauthorized work or study", + "marginal_note": "Unauthorized work or study", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As per subparagraph R200(3)(e)(iv), a new work permit may be issued to a foreign national who worked or studied without authorization or failed to comply with a condition only if all of the following apply:\nthe foreign national was issued a temporary resident permit to overcome that loss of status [A47], inadmissibility or failure to meet a requirement\nall other requirements for the work permit are met", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Unauthorized work or study (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/prohibitions.html" + }, + { + "id": "pdi-tr-28-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work permit issuance prohibitions — Vulnerable workers: Non-application of paragraph R200(3", + "marginal_note": "Vulnerable workers: Non-application of paragraph R200(3)(e)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Per subsection R200(3.1), paragraph R200(3)(e) does not apply to migrant workers referred to in subsection R207.1(1), who have engaged in unauthorized work or failed to comply with a condition. In other words, officers who have reasonable grounds to believe the migrant worker is experiencing abuse or is at risk of abuse in the context of their employment in Canada should not refuse to issue the open work permit on the basis that the migrant worker has engaged in unauthorized work or has not complied with a condition.\nFor more details, see Open work permits for vulnerable workers .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Vulnerable workers: Non-application of paragraph R200(3)(e)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/prohibitions.html" + }, + { + "id": "pdi-tr-28-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work permit issuance prohibitions — Compliance with federal-provincial agreements", + "marginal_note": "Compliance with federal-provincial agreements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As per paragraph R200(3)(f), for a foreign national referred to in subparagraphs (1)(c)(i) to (iii), the issuance of a work permit is inconsistent with the terms of a federal-provincial agreement that apply to the employment of foreign nationals.\nThis paragraph refers to a work permit issued under an LMIA exemption that does not respect a federal-provincial agreement.\nIf there are specific arrangements regarding work permits with a province as part of their Canada-province immigration agreement, the officer must ensure that they are not assessing more or less than specified in the agreement.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Compliance with federal-provincial agreements", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/prohibitions.html" + }, + { + "id": "pdi-tr-28-9", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work permit issuance prohibitions — No offer of employment or applicable employer compliance fee", + "marginal_note": "No offer of employment or applicable employer compliance fee paid", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As per subparagraph R200(3)(f.1), for a foreign national referred to in subparagraph (1)(c)(ii.1), the fee referred to in section R303.1 has not been paid or the information referred to in section R209.11 has not been provided before the foreign national makes an application for a work permit.\nIn the case of LMIA-exempt employer-specific work permits, it is mandatory that the employer submit the offer of employment to IRCC in advance.\nException: Certain employers, including all of the following, are exempt from the compliance regime requirements:\nforeign governments\ninternational organizations recognized under the Foreign Missions and International Organizations Act\nforeign missions (embassies or consular generals) in Canada where the foreign national is not accredited by Global Affairs Canada\ninternational bridge or tunnel authorities with foreign employees working on Canadian soil\nApplications for these employers will not have an offer of employment in the system (that is, submitted electronically through the Employer Portal). Officers should follow the processing instructions for exemptions from the compliance regime .\nExemptions to the payment of the compliance fee under section R303.1 : The employer is not required to pay the compliance fee if the foreign national is not required to pay a fee for processing an application for a work permit.\nInformation on processing LMIA-exempt, employer-specific work permits may be found at International Mobility Program: Employer-specific work permits with Labour Market Impact Assessment exemptions", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: No offer of employment or applicable employer compliance fee paid", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/prohibitions.html" + }, + { + "id": "pdi-tr-28-10", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work permit issuance prohibitions — Employer is engaged in striptease, erotic dance, escort serv", + "marginal_note": "Employer is engaged in striptease, erotic dance, escort services or erotic massages", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "“The foreign national intends to work for an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages.” [R200(3)(g.1)]\nThis paragraph refers to all occupations in the business, not just those providing the actual services.\n“On a regular basis” refers to organizations that provide these services full-time or regularly. “A regular basis” could include businesses that offer these services once a month, once every 3 months or at regular intervals.\nForeign nationals who are work permit-exempt are prohibited from working for an ineligible employer under paragraph R183(1)(b.1) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Employer is engaged in striptease, erotic dance, escort services or erotic massages", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/prohibitions.html" + }, + { + "id": "pdi-tr-28-11", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work permit issuance prohibitions — Employers who have been found non-compliant", + "marginal_note": "Employers who have been found non-compliant", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Foreign nationals who are work permit-exempt are prohibited from working for an ineligible employer under R183(1)(b.2) .\nAs per paragraphs R200(3)(h)(i) to (iii), the foreign national cannot work for an employer who is any or all of the following:\nsubject to a determination made under subsection R203(5), if 2 years have not elapsed since the day that determination was made (if the employer received a determination from the Case Management Branch Investigations and Exceptional Cases Division that they failed to provide the wages, occupation or working conditions stated in offers of employment to previous temporary workers)\nineligible under paragraph R209.95(1)(b) (if the result of an inspection is that the employer has been non-compliant and a ban is imposed for a period of time as a consequence , the employer is ineligible until the period of the ban has elapsed)\nin default of any amount payable in respect of an administrative monetary penalty, including if the employer fails to comply with an agreement for the payment of that amount (employers who are in default of payment become ineligible to hire foreign workers for whom a work permit is required through the International Mobility Program and the Temporary Foreign Worker Program until the administrative monetary penalty plus interest charges is fully paid)\nFor all of the above reasons, the employer’s name will be put on the list of employers who have been non-compliant .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Employers who have been found non-compliant", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/prohibitions.html" + }, + { + "id": "pdi-tr-29-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permit – General processing and issuance – International Mobility Prog", + "marginal_note": "Open work permit – General processing and issuance – International Mobility Program (IMP)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nAn open work permit can only be issued to a foreign national under one of the International Mobility Program (IMP) administrative codes.\nThe instructions on this page should be reviewed in conjunction with\nConditions and validity period on work permits\nAn open work permit enables a person to work for any employer in Canada for a specified period of time. An open restricted permit may restrict the occupation or location but not the employer.\nNote: Although there are no restrictions on the open work permit concerning the employer name, the foreign national is still subject to the general conditions imposed on all temporary residents under subsection 183(1) of the Immigration and Refugee Protection Regulations (IRPR), including paragraph R183(1)(b.2), which states that the foreign national cannot work for an employer who is ineligible (see Public list of employers who have been non-compliant ).\nOpen work permit holders also cannot enter into or extend an employment agreement with an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massage.\nA foreign national may apply for an open work permit outside Canada, at a port of entry or after arrival to Canada, as per program requirements.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Open work permit – General processing and issuance – International Mobility Program (IMP)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/open.html" + }, + { + "id": "pdi-tr-29-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permit – General processing and issuance – Interna — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Types of open work permits\nWork permit issuance in the Global Case Management System (GCMS): Unrestricted\nMedical conditions to be imposed for an unrestricted open work permit\nOpen work permit issuance in GCMS: Occupation or location restricted\nMedical conditions to be imposed for occupation-restricted work permits\nSubmission of open work permit applications for various International Mobility Program (IMP) categories\nPersons whose work permit application is not related to a path for permanent residence\nSpouses or common-law partners who are eligible to apply for an open work permit under certain free trade agreements\nFamily members of temporary foreign workers\nPersons who are on a path to permanent residence but have not yet submitted an application for permanent residence\nPersons who submitted an application for permanent residence\nFamily members of temporary foreign workers who are transitioning to permanent residence or who are permanent residence applicants\nSpouses of students\nOpen work permit holder fee\nFee exemption codes\nWork permit application refusals\nRelated links\nPrevious updates", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/open.html" + }, + { + "id": "pdi-tr-29-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permit – General processing and issuance – Interna — Types of open work permits", + "marginal_note": "Types of open work permits", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "There are 2 types of open work permits:\nunrestricted\nrestricted, which can mean\noccupational restrictions, for example, depending on the applicant’s medical status [ R185(b) ] or work permit category\nlocation restrictions, for example, depending on the work permit category (such as a bridging open work permit under the provincial nominee class)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Types of open work permits", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/open.html" + }, + { + "id": "pdi-tr-29-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permit – General processing and issuance – Interna — Work permit issuance in the Global Case Management System (G", + "marginal_note": "Work permit issuance in the Global Case Management System (GCMS): Unrestricted", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Under the Application screen, enter the following:\nField\nSelection or input\nProvince of destination\nUnknown\nCity of destination\nUnknown\nNote that the name of the city is entered automatically from the IMM 1295 or IMM 5710 form. Officers are required to change it to “Unknown” before imposing any condition on the work permit.\nFailure to change the “City of destination” to “Unknown” can cause confusion for applicants.\nExemption code\nEnter the labour market impact assessment (LMIA) exemption code of the program requested.\nNOC\n99999\nImportant: No other code should be used.\nIntended occupation\nOpen\nEmployer\nOpen\nMedical conditions to be imposed for an unrestricted open work permit\nThe unrestricted open work permit can be issued to any eligible applicant who has passed an immigration medical examination with a result of M1, M2 or M3 (medical examination passed), or who has failed the medical examination due to excessive demand concerns (M5) but satisfies the criteria of section R206 or paragraph R207(c) or (d) .\nNote: Medical surveillance must be imposed for persons whose surveillance code is S.2.02 or S2.02U. Remarks on the permit should indicate “medical surveillance required.”\nRefer to: Who must submit to an immigration medical exam.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work permit issuance in the Global Case Management System (GCMS): Unrestricted", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/open.html" + }, + { + "id": "pdi-tr-29-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permit – General processing and issuance – Interna — Open work permit issuance in GCMS: Occupation or location re", + "marginal_note": "Open work permit issuance in GCMS: Occupation or location restricted", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "On the Application screen, enter the following:\nLocation restriction\nField\nMandatory\nSelection or input\nProvince of destination\nYes\nEnter the province employment is restricted to as per the requirements of the LMIA exemption category.\nFor example, bridging open work permits issued to provincial nominees under A75 or open work permits issued to Quebec Selection Certificate holders under A76\nDo not enter “Unknown.”\nExemption code\nYes\nEnter the administrative code of the program requested.\nNOC\nYes\nIf not occupationally restricted\n99999\nor\nif there is an occupation restriction, enter the National Occupational Classification (NOC) for the occupation\nConditions\nYes\nNot authorized to work at any other location\nOccupation restriction\nField\nMandatory\nSelection or input\nNOC\nYes, when program occupation restriction\nNOC code as per the program restriction\nFor example, caregivers [C90]\nConditions\nYes, when program occupation restriction\nNot authorized to work in any other occupation\nNOC\nYes, when the medical result requires an occupation restriction (M3 or M5)\n99999\nImportant: No other code should be used.\nUser remarks\nYes, when the medical result requires an occupation restriction (M3 or M5)\nThe occupational restriction stated in the medical narrative should be imposed under section R185.\nFor example, if the panel physician noted that the person should not be a pilot or work at heights or near open machinery, the officer should impose the condition “Not authorized to work in occupations involving heights or open machinery or as a pilot” in the User remarks field.\nNOC\nYes, when no medical examination completed\n99999\nImportant: No other code should be used.\nConditions\nYes, when no medical examination completed", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Open work permit issuance in GCMS: Occupation or location restricted (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/open.html" + }, + { + "id": "pdi-tr-29-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permit – General processing and issuance – Interna — Open work permit issuance in GCMS: Occupation or location re", + "marginal_note": "Open work permit issuance in GCMS: Occupation or location restricted", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Where a foreign national has not completed an immigration medical examination, conditions must be imposed restricting specific occupational sectors, as per Medical conditions to be imposed for occupation-restricted work permits .\nImportant: Persons assessed as M4 or M6 (risk to public health or safety) are not allowed to work. If the condition is controlled, a new medical examination is required before a work permit may be issued.\nMedical conditions to be imposed for occupation-restricted work permits\nIf a medical examination was not completed , one of the conditions below must be imposed. The specific occupational sector restriction will depend on whether the person has resided in a designated or non-designated country .\nFor persons from non-designated countries, the following condition should appear on the work permit:\n“Not authorized to work in 1) child care, 2) primary or secondary school teaching, 3) health services field occupations.”\nFor persons from designated countries, the following condition should appear on the work permit:\n“Not authorized to work in 1) child care, 2) primary or secondary school teaching, 3) health services field occupations, 4) agricultural occupations.”\nNote: For clarity, “occupations” in the medical condition as written in GCMS means “settings” as per the If the duration of the visit is six months or less instructions. For example, all occupations in a hospital from janitor to doctor require a medical exam, not just those who are in health service occupations, and all employees in a day care require a medical exam, not just the teachers.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Open work permit issuance in GCMS: Occupation or location restricted (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/open.html" + }, + { + "id": "pdi-tr-29-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permit – General processing and issuance – Interna — Submission of open work permit applications for various Inte", + "marginal_note": "Submission of open work permit applications for various International Mobility Program (IMP) categories", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In addition to having to meet the requirements of who can apply at the port of entry [R198] and who can apply after entry [R199], some LMIA exemption categories have restrictions on where the person can submit their application for a open work permit.\nNote: This list is not exhaustive and only contains examples of exemption categories under sections R204 to R208 and certain public policies.\nFor further instructions on issuing open work permits under a public policy or a pilot program, see International Mobility Program: Special initiatives and pilot projects , and Service delivery .\nPersons whose work permit application is not related to a path for permanent residence\nCaption text\nCategory\nBefore entry\nOn entry Footnote 1\nAfter entry Footnote 2\nInternational Experience Canada (IEC): Working Holiday participants [R204(d) –C21] (there are also specific recognized organizations whose participants receive open work permits)\nYes\nRefer to Note 1\nRefer to Note 2\nProfessional athletes who are authorized to enter Canada on the basis of paragraph R205(b) –C26  and who require other work to support themselves while playing for a Canadian team (for instance, as part of the Canadian Football League)\nYes\nYes\nYes\nPost-graduation work permits  [R205(c) – C43]\nYes\nN/A\nYes\nPost-secondary co-op [R205(c) –C32] and secondary co-op [R205(c) –C33]\nYes\nYes\nYes\nRefugee claimants and those under an unenforceable removal order  [R206(a) or (b) – S61 or S62]\nN/A\nN/A\nYes\nVulnerable workers [R207.1 –A72]\nN/A\nN/A\nYes\nHumanitarian reasons  [R208(a) or (b) – H81 or H82]\nN/A\nN/A\nYes\nNotes\nNote 1", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Submission of open work permit applications for various International Mobility Program (IMP) categories (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/open.html" + }, + { + "id": "pdi-tr-29-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permit – General processing and issuance – Interna — Submission of open work permit applications for various Inte", + "marginal_note": "Submission of open work permit applications for various International Mobility Program (IMP) categories", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Except in the case of U.S. citizens and permanent residents, the Immigration and Refugee Protection Regulations do not allow applicants to submit IEC work permit applications at a port of entry. Only U.S. citizens and permanent residents may apply for IEC at the port of entry.\nNote 2\nIEC participants may extend the period of participation or change employers in  specific situations . For example, they may apply for a replacement from within Canada if they received a work permit with incorrect information.\nSpouses or common-law partners who are eligible to apply for an open work permit under certain free trade agreements\nNote: Spouses or common-law partners who are not eligible to apply for an open work permit (OWP) under the terms of the following agreements may be eligible to apply for an open work permit under subparagraph R205(c)(ii) – C41 (Refer to Eligibility ).\nCaption text\nCategory\nBefore entry\nOn entry\nAfter entry\nCanada-Colombia Free Trade Agreement (CCOFTA)\nSpouses of Investors or Traders (F10 or F11), Intra-Company Transferees (F13, F14 or F15), and Professionals and Technicians (F12).\nSpousal OWP: T25\nYes\nYes\nYes\nCanada-Korea Free Trade Agreement (CKFTA)\nSpouses of Traders (F30), Investors (F31), Professionals (F32), or Intra-Company Transferees (F33, F34, F35).\nSpousal OWP: F36\nYes\nYes\nYes\nCanada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA)\nSpouses and common-law partners of intra-corporate transferees (T44, T42 or T41)\nSpousal OWP: T45\nYes\nYes\nYes\nComprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)\nSpousal OWP: T53\nYes\nYes\nYes\nFamily members of temporary foreign workers\nCaption text\nCategory\nBefore entry\nOn entry\nAfter entry", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Submission of open work permit applications for various International Mobility Program (IMP) categories (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/open.html" + }, + { + "id": "pdi-tr-29-5-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permit – General processing and issuance – Interna — Submission of open work permit applications for various Inte", + "marginal_note": "Submission of open work permit applications for various International Mobility Program (IMP) categories", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Spouses of high-skilled workers (NOC TEER level 0 or 1 or select 2 or 3 occupations)\nTEER 2\nTEER 3\nFor applications under IMP administrative code C41 received by IRCC on or after January 21, 2025, if the principal foreign national is not transitioning to permanent residence\nYes\nSee Family group outside Canada\nYes\nSee Family group at the port of entry\nYes\nSee Family group in Canada\nFamily members of Military personnel [R205(b) – C20] , where a reciprocal agreement exists\nSee spouses of military personnel where there is no reciprocal agreement eligibility  [R205(c) – C41]\nYes\nYes Footnote 3\nYes\nFamily members of foreign representatives [R205(b) – C20]\nYes\nYes\nYes\nSpouses of persons who were issued or approved for a work permit under an IRCC public policy, but the spouse is not eligible for an open work permit under the relevant public policy. In such a case, the spouse may be eligible to apply for an open work permit [R205(c) – C41]\nThe principal temporary foreign worker must be working or have a job offer in NOC TEER 0 or 1 or in a select TEER 2 or 3 occupation.\nYes\nYes\nYes\nFor outside Canada applicants: Spouses of persons who hold an open work permit for vulnerable workers (OWP-V) [A72] are eligible to apply for an open work permit under C41 . The principal temporary foreign worker must be working or have a job offer in NOC TEER 0 or 1 or in a select TEER 2 or 3 occupation.\nIn-Canada family members of persons who hold an open work permit for vulnerable workers (OWP-V) [A72] are eligible to apply for an open work permit under A72 .\nYes\nYes\nN/A\nN/A\nN/A\nYes\nPersons who are on a path to permanent residence but have not yet submitted an application for permanent residence\nCaption text\nCategory\nBefore entry\nOn entry\nAfter entry", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Submission of open work permit applications for various International Mobility Program (IMP) categories (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/open.html" + }, + { + "id": "pdi-tr-29-5-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permit – General processing and issuance – Interna — Submission of open work permit applications for various Inte", + "marginal_note": "Submission of open work permit applications for various International Mobility Program (IMP) categories", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Quebec Selection Certificate (CSQ) holders currently outside Quebec [R205(a) – A76]\nYes\nN/A\nYes\nQuebec Investors [R204(c) – T10]\nYes\nN/A\nYes\nAtlantic Immigration Program (AIP) [ R204(c) – C18 ]\nYes\nN/A\nYes\nYukon Community Pilot – Open work permits [ R205(a) – A75 ]\nYes\nN/A\nYes\nPersons who submitted an application for permanent residence\nCaption text\nCategory\nBefore entry\nOn entry\nAfter entry\nApplicants for permanent residence from within Canada  [R207 – A70]\nN/A\nN/A\nYes\nOccupation-restricted open work permit under Home Child Care Provider Pilot or Home Support Worker Pilot – Gaining experience category  [Principal applicant: R205(a) –C90]\n[Family members: R205(a) –  C91 ]\nPermanent residence pilots closed on June 17, 2024.\nYes\nN/A\nYes\nBridging open work permits  [R205(a) – A75]\nN/A\nN/A\nYes\nPublic policy for spouse or common-law partner in Canada class or family class applicants [R205(a) – A74]\nN/A\nN/A\nYes\nStart-up Visa (SUV) applicants (As of October 3, 2024) [R205(a) – A77]\nYes\nEncouraged not to apply upon entry\nYes\nApplicants under the temporary resident to permanent resident pathway public policy [A25.2 – R01]\nN/A\nN/A\nYes\nFamily members of temporary foreign workers who are transitioning to permanent residence or who are permanent residence applicants\nSpouses of students\nCaption text\nCategory\nBefore entry\nOn entry\nAfter entry\nSpouses or common-law partners of study permit holders [R205(c) –C42]\nYes\nYes\nYes", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Submission of open work permit applications for various International Mobility Program (IMP) categories (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/open.html" + }, + { + "id": "pdi-tr-29-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permit – General processing and issuance – Interna — Open work permit holder fee", + "marginal_note": "Open work permit holder fee", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Subsection R303.2(1) requires that a fee be payable by a person for the rights and privileges conferred by means of an open work permit only if that person\nis intending to perform work under section R204 or R205\nis described in paragraph R207(b) and does not have an offer of employment\nis a family member of a foreign national referred to in paragraph R207(b)\nThere are exceptions to the payment of the open work permit holder fee for specific persons. Subsection R303.2(2) provides the list of exceptions.\nImportant: If the person applying for an open work permit is not as described above, then they do not have to pay the fee. It is not that they are exempt but that the fee is not applicable at all.\nIf they have paid the fee in error, it must be refunded as the department has no legal authority to collect the funds.\nFee exemption codes\nP01: Persons who do not pay a work permit processing fee under the IRPR, with the exception of International Experience Canada participants.\nP02: Members of the live-in caregiver class in Canada who have applied for permanent residence under paragraph R207(a), and their family members.\nP03: Persons not listed in subsection R303.2(1) as required to pay the fee. They are not “exempt” from the fee as they are not required to pay it at all.\nOpen work permits issued based on LMIA exemptions under section R206 (S61 or S62) or R208 (H81 or H82) are not subject to the open work permit holder fee. These sections are not included in the regulation applying the fee.\nOpen work permits issued under section 25.2 of the Immigration and Refugee Protection Act (public policy or special measure) are not subject to the open work permit holder fee.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Open work permit holder fee", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/open.html" + }, + { + "id": "pdi-tr-29-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permit – General processing and issuance – Interna — Work permit application refusals", + "marginal_note": "Work permit application refusals", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When the officer’s decision is to refuse the open work permit application, they should clearly state what eligibility or admissibility requirements are not met and why they are not satisfied. Consult Decision making: Standard of review and process for making a reasonable decision .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work permit application refusals", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/open.html" + }, + { + "id": "pdi-tr-29-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permit – General processing and issuance – Interna — Related links", + "marginal_note": "Related links", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For reference, see the publicly available link to these instructions at: Open work permit – General processing and issuance – International Mobility Program", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Related links", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/open.html" + }, + { + "id": "pdi-tr-29-10", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permit – General processing and issuance – Interna — Footnotes", + "marginal_note": "Footnotes", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Footnote 1\nRefer to Persons who may apply at a port of entry\nReturn to footnote 1 referrer\nFootnote 2\nRefer to Persons who may apply from within Canada\nReturn to footnote 2 referrer\nFootnote 3\nThe foreign national must have their authorization letter from National Defence to apply at the port of entry.\nReturn to footnote 3 referrer", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Footnotes", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/open.html" + }, + { + "id": "pdi-tr-30-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – International Mobility Pro", + "marginal_note": "Employer-specific work permits – General processing – International Mobility Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nEffective immediately, most foreign nationals in Canada are no longer eligible to apply for a work permit at a port of entry.\nThe following work permit applications are exempt from the above restrictions and may still be accepted for processing at a port of entry:\napplicants who are citizens or permanent residents of the United States of America (USA)\nprofessionals and technicians under free trade agreements (FTAs)\nprofessionals under the FTA with the USA and Mexico (T36)\nprofessionals under the FTA with Chile (F22)\ncontractual service suppliers or independent professionals under the FTA with the Republic of Korea (F32)\nprofessionals under the FTA with Panama (F42)\nprofessionals or technicians under the FTA with Colombia (F12)\nprofessionals or technicians under the FTA with Peru (F52)\nspouses or common-law partners of applicants under the FTAs with the Republic of Korea (F32), Panama (F42) and Colombia (F12)\ntruck drivers who are required to depart Canada for the purpose of their employment and, prior to their departure from Canada, held a work permit or maintained status as a result of a pending application for work permit renewal (this does not include truck drivers operating solely within Canada)\napplicants with pre-scheduled Canada Border Services Agency (CBSA) appointments\nLabour market impact assessment (LMIA) exemptions that require an employer to submit an offer of employment prior to a work permit application fall under the International Mobility Program (IMP).\nImportant: Offer of employment information submitted by employers is not vetted or verified by any IRCC section before work permit applications are processed.\nThe instructions on this page should be reviewed in conjunction with the applicable LMIA-exemption instructions. In addition, the following instruction pages should be reviewed:\nAssessing genuineness of the offer of employment on work permit application — R200(5)\nPublic list of employers who have been non-compliant\nDecision making: Standard of review and process for making a reasonable decision", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Employer-specific work permits – General processing – International Mobility Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-1-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "No offer of employment information or employer compliance fee submitted\nEmployers exempt from the compliance regime\nEmployers exempt from the employer compliance fee\nEmployer Portal submission\nExemption from the requirement to obtain an LMIA\nJob details\nSee screenshot\nSee screenshot\nMatching the offer of employment to the work permit application\nIf the “Employment Details” view tab does not automatically populate\nVerifying if the offer of employment number is valid\nAlternate submission [IMM 5802]\nConfirmation by the processing officer that alternate submission was authorized\nAllocation of the employer payment receipt number\nReviewing the offer of employment information\nCheck for multiple job locations\nMain duties of the job must align with NOC selected\nVariance in duties\nChanges to the offer by the employer after matching to the application\nCompleteness of the offer of employment\nInformation in application conflicts with applicant’s documents\nPort of entry (POE) tip\nManual un-matching by officers\nChanges between the offer of employment and the work permit application\nChanges authorized for the processing officer without contact with the employer\nConcerns regarding the genuineness of the offer of employment [R200(5)]\nWhen to refer a concern to Integrity Risk management Branch (IRM)\nRefusals, withdrawals and refunds\nRefusal of the work permit application\nPOE tip\nRefusals where employer was exempted from paying the compliance fee\nWithdrawal of the offer of employment before work permit issuance\nWithdrawal when work permit application has been matched, but not yet approved (no letter of introduction or work permit issued)\nPOE considerations\nWork permit application approved at a visa office (letter of introduction provided) but work permit not issued (POE)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-1-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For LMIA-exempt, employer-specific work permit applications, the employer is required under section 209.11 of the Immigration and Refugee Protection Regulations (IRPR) to use the Employer Portal to submit the offer of employment directly to Immigration, Refugees and Citizenship Canada (IRCC) and pay the $230 compliance fee before the foreign national makes an application for a work permit.\nAs per the IRPR, employers must provide the following information in the offer\n(a) their name, address and telephone number and their fax number and electronic mail address, if any\n(b) the business number assigned to the employer by the Minister of National Revenue, if applicable\n(c) information that demonstrates that the foreign national will be performing work described in section 204 or 205 or is a foreign national described in section 207\nIn addition, prior to any work permit application, employers must make the following attestations in order to submit an offer of employment in the Employer Portal, or using the IMM 5802, as authorized:\nDeclaration of employer (as of September 26, 2022):\n“I attest that I have entered into an employment agreement with the foreign national that provides for employment in the same occupation and the same wages and working conditions as those set out in the offer of employment. I attest that the employment agreement is drafted in the foreign national’s chosen official language of Canada and is signed by myself and the foreign national, and that I have provided a copy of the employment agreement to the foreign national.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-1-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "I attest that I have not, directly or indirectly, charged or recovered from the foreign national the fee referred to in subsection 303.1(1)303.1(1) of the Immigration and Refugee Protection Regulations [compliance fee] or any fees related to the recruitment of the foreign national, with the exception of the fees referred to in subsections 296(1)296(1), 298(1)298(1), and 299(1)299(1) of the Immigration and Refugee Protection Regulations [temporary resident visa, temporary resident permit and work permit fees].\nI attest that I have ensured that any person who recruited the foreign national on my behalf did not, directly or indirectly, charge or recover from the foreign national the fee referred to in subsection 303.1(1) of the Immigration and Refugee Protection Regulations [compliance fee] or any fees related to the recruitment of the foreign national, with the exception of the fees referred to in subsections 296(1), 298(1), and 299(1) of the Immigration and Refugee Protection Regulations [temporary resident visa, temporary resident permit and work permit fees].”\nWhen completing the offer of employment, employers also sign indicating the following certifications:\n“I certify that I am actively engaged in the business in respect of which the offer of employment is made and understand that I must remain so during the period of employment for which the work permit is issued to the foreign national.\nI certify that I am compliant with, and will comply with, the federal/provincial/territorial laws that regulate employment and the recruitment of employees, in the province/territory in which it is intended that the foreign national work and, if applicable, with the terms and conditions of any collective agreement.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-1-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "I certify that I will provide the foreign national with employment in the same occupation as that set out in the foreign national's offer of employment and with wages and working conditions that are substantially the same as — but not less favourable than — those set out in the offer.\nI certify that I will make reasonable efforts to provide a workplace that is free of abuse which includes physical, sexual, psychological or financial abuse and includes reprisals against foreign nationals.”\nNote: Officers should be aware that the employer must click on the attestations above in order to submit an offer of employment. Employers are unable to refuse to the attestations and certification when they submit an offer of employment through the Employer Portal. The IMM 5802 also includes the same attestations and certifications.\nIn some circumstances (often in the context of contract for services but not limited to), employers could click on the attestations in the Employer Portal and also indicate in a comment text box of the pPortal that they have not entered into an employment agreement with the foreign national. This information appears in GCMS under the section “Additional Information Tab”. In this scenario, processing officers may refuse the work permit application as the employer is not fulfilling the employment agreement requirement as per subparagraph R200(3)(f.1) of IRPR.\nFor inspection purposes relating to the employment agreement requirement, the Employer Compliance Inspection provides further information on this topic.\nCertain employers have been exempted from the compliance requirements and as a result are not required to submit the formal offer of employment in the Employer Portal and are not subject to the conditions imposed or inspections of employers.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — No offer of employment information or employer compliance fe", + "marginal_note": "No offer of employment information or employer compliance fee submitted", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A work permit application must be refused under paragraph R200(3)(f.1) if the employer is not exempt and has not done the following:\npaid the employer compliance fee, as per section R303.1 [unless the employer has been exempted from paying the fee under subsection R303.1(5) or R303.2(2) ]\nsubmitted the offer of employment information, as per section R209.11\nImportant: The work permit application is the second step in the employer compliance regime. It is important for the officer to review the offer of employment to ensure that it is complete and genuine, that the employer is not ineligible to hire foreign workers, that the main duties described align with the NOC and that the foreign national actually meets the requirements defined in the job details.\nEmployers exempt from the compliance regime\nCertain employers, including all of the following, are exempt from the compliance regime:\nforeign governments\ninternational organizations recognized under the Foreign Missions and International Organizations Act\nforeign missions (embassies or consular generals) in Canada where the foreign national is not accredited by Global Affairs Canada\ninternational bridge or tunnel authorities with foreign employees working on Canadian soil\nForeign nationals submitting applications for work with these employers will not have an offer of employment in the Global Case Management System (GCMS), as these employers are not required to submit an offer of employment through the Employer Portal.\nThe foreign national must still provide a copy of their job  offer or contract with the work permit application.\nOfficers should follow the processing instructions for exemptions from the compliance regime .\nEmployers exempt from the employer compliance fee", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: No offer of employment information or employer compliance fee submitted (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — No offer of employment information or employer compliance fe", + "marginal_note": "No offer of employment information or employer compliance fee submitted", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Some employers might be exempt from paying the employer compliance fee under subsections R303.1(5). Despite the fee exemption, these employers must still submit the offer of employment to IRCC, as per section R209.11.\nThe explanation of the fee exemption can be found in GCMS on the Organization & Entities screen, eDocs view tab.\nThe employer should enter an explanation of how the foreign national is fee-exempt under R299(2) and, therefore, they are fee-exempt under R303.1(5).\nIf the officer is not satisfied with the explanation of the fee exemption, they may request that the employer provide proof of fee payment or refuse the application under R200(3)(f.1).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: No offer of employment information or employer compliance fee submitted (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — Employer Portal submission", + "marginal_note": "Employer Portal submission", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "On submission of the offer of employment through the Employer Portal, an offer of employment number (A#######) is system generated for the employer to see. The employer must provide this number to the foreign national for inclusion in their work permit application.\nTo ensure that the requirements of paragraph R200(3)(f.1) are met for an employer-specific, LMIA-exempt work permit, officers must confirm that the offer of employment has been submitted and that employer compliance fee has been paid or the employer has provided proof of fee exemption (found in the “eDocs” view tab in the “Organization” tab).\nExplanation of exemption from the requirement to obtain a LMIA\nEmployers will be requested to provide an explanation on how the offer of employment meets the LMIA exemption. This information can be found under the following:\nOrganization ID (Org ID)\nNavigate to the Organizations & Entities screen.\nClick the Query button.\nEnter the employer’s organization identification number in the Organization ID field and click Search .\nThe information can be found under the Offer of Employment — Attachments view.\nSee screenshot\nJob details\nFrom the application screen, click on the Employment Details — LMIA Exempt view.\nThe information can be found under the Requirements Exemption Met field.\nSee screenshot", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Employer Portal submission", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — Matching the offer of employment to the work permit applicat", + "marginal_note": "Matching the offer of employment to the work permit application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The LMIA-exempt offer of employment status remains “pending” in the Global Case Management System (GCMS) until the work permit application is received. The linking of the offer (A#) and application is finalized by automatically comparing the passport number and the citizenship between the work permit application and the offer of employment.\nImportant: The validations in GCMS require the case type to be set as 52 and an exact match of the passport number and citizenship information between the work permit application and the offer of employment. This includes hyphens, accents, spaces, capitalizations and numbers on all sets of documents.\nOnce this information has been matched, the status of the offer of employment changes to “Matched.” GCMS will then automatically populate the following fields in the work permit application and allocate the compliance fee:\nLMIA-exemption code\nEmployer name\nOccupation title\nNOC code\nOfficers can review the information in the “Employment Details — LMIA-exempt” tab on the IMM screen and confirm that it is fully and accurately complete [ R209.11 ]. Officers can also review the “Fees” tab to confirm that the employer compliance fee (if applicable) has been paid.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Matching the offer of employment to the work permit application (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — Matching the offer of employment to the work permit applicat", + "marginal_note": "Matching the offer of employment to the work permit application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Case Type: When the applicant selects ‘Exemption from Labour Market Impact Assessment’ as the Type of work permit they are applying for and include the offer of employment number (A#) in the application form, the Case Type field in GCMS is set automatically as “ 52 .” This case type should not be changed to any other code for LMIA-exempt work permit applications that require an offer of employment. No other case type will allow the correct linkage in GCMS. Changing the case type to anything other than “52” will negatively impact the integrity of financial and program data in GCMS and might result in blocking the department’s ability to inspect employers.\nIf the “Employment Details” view tab does not automatically populate\nWhere the Case Type field is set to “52” and the LMIA/LMIA Exempt # field is populated, but no information populates the “Employment Details — LMIA Exempt” view tab, it may be due to either of the following:\nthe offer of employment number is incorrect or does not exist\nthe passport number and citizenship do not match between the offer of employment and the work permit application ( any difference , such as a hyphen or an incorrect letter or number, will stop the validation )\nOfficers can verify if the passport and citizenship details in the offer employment are exactly the same as the work permit application by doing either of the following:\nquerying the offer of employment number in the “LMIA Exempt” screen tab\nnavigating to the “Organizations & Entities” screen tab under the “Offer of Employment” view tab\nThe officer should then compare the passport number and citizenship fields in the Worker Information section to the travel document and citizenship fields on the Client tab in the work permit application.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Matching the offer of employment to the work permit application (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-4-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — Matching the offer of employment to the work permit applicat", + "marginal_note": "Matching the offer of employment to the work permit application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the passport and citizenship information in the offer of employment does not match the passport provided by the foreign worker, the processing officer can do either of the following:\nif satisfied of the foreign national’s identity, make the change as noted in the Changes authorized for the processing officer without contact with the employer section, under “Passport number”.\nif not satisfied that the foreign national listed in the offer is the same as the work permit applicant, request additional information in order to make a final assessment.\nif satisfied that the foreign national listed in the offer is not the same as the work permit applicant, refuse the work permit application\nImportant: The officer should not change the “Case Type” code to something other than “52” just to get around the validation.\nVerifying if the offer of employment number is valid\nThe following are queries to use to verify if the offer of employment number is valid:\nQuery in the “LMIA Exempt” screen tab by using the offer of employment number or the family and given names plus the business operating name; review the information for the specific offer or click on the hyperlink on the “Organization ID” and review all offers for that organization in the “Offer of Employment” view tab.\nQuery for the “Organization ID” and check the offer of employment number or the employee name under the “Offer of Employment” view tab. In the “Organizations and Entities” screen tab, employers who have submitted their offer of employment form through the Employer Portal are listed as follows:\ntype: Organization\nsub-type: Regulatory Employer or Regulatory Employer — Branch", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Matching the offer of employment to the work permit application (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — Alternate submission [IMM 5802]", + "marginal_note": "Alternate submission [IMM 5802]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In rare situations, employers who experience technical difficulties that cannot be resolved by IRCC within the service standard or who are unable, because of a physical or mental disability [ R209.11(3) ], to provide the information using the electronic system may be authorized by the department to submit the “Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA)” form [IMM 5802] using an alternate method .\nNote: Only the IRCC Client Experience Branch may authorize the alternate submission. No employee of the Canada Border Services Agency (CBSA) or any other branch of IRCC is authorized to do so.\nThe IMM 5802 form must never be used by employers without the permission of IRCC. Employers must always contact the Employer Portal mailbox first to provide information on their technical issue or disability in order to obtain authorization for alternate submission. This requirement ensures consistent program integrity.\nWhen authorization is given, the following applies:\nthe employer is provided with the IMM 5802 form for completion\nthe employer is provided with instructions on paying the fee online\nthe person who gave the authorization places a note in the Client screen in GCMS indicating that the employer has been authorized to submit the IMM 5802 form for a specific foreign national\nConfirmation by the processing officer that alternate submission was authorized\nWhere no offer of employment number is included in the work permit application and the offer of employment number cannot be found in GCMS, officers should confirm that this is an alternate submission by confirming all of the following:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Alternate submission [IMM 5802] (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — Alternate submission [IMM 5802]", + "marginal_note": "Alternate submission [IMM 5802]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "a Client is available on the Client screen indicating that the employer has been authorized to use the IMM 5802 form for the specific foreign national\na copy of the completed IMM 5802 form is included with the work permit application\nthe receipt number for the employer compliance fee is valid or the employer has indicated a fee exemption (this information is captured separately from the work permit processing fee information in the “Fees” view tab in GCMS)\nOnce the existence of the Client Note has been verified, officers should review the information in the Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA)” form [IMM 5802] as per the instructions found in Reviewing the offer of employment information .\nAllocation of the employer payment receipt number\nIf the receipt number is not available for use in GCMS, there are three possible reasons:\nthe employer entered the number incorrectly\nthe receipt has been allocated to another work permit application\nthe receipt number and/or the IMM 5802 form are not genuine\nTo find the payment number for association in the work permit application, the Integrated Payment Revenue Management System (IPRMS) receipt number should be queried in the GCMS Payments screen tab.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Alternate submission [IMM 5802] (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-6-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — Reviewing the offer of employment information", + "marginal_note": "Reviewing the offer of employment information", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers should review the information in the “Employment Details - LMIA-exempt” view (or the IMM 5802 form) to ensure that the offer of employment is complete, that the foreign national meets the requirements listed in the “Job Details” section (or the “Details of Job” section on the IMM 5802 form), that the offer meets the genuineness requirements in subsection R200(5) and that the employer is not ineligible to hire a foreign worker.\nCheck for multiple job locations\nOne or two job locations entered in the offer of employment form by the employer will be shown in GCMS in the Address List.\nWhen the employer has indicated that the foreign worker will be working at multiple job locations, officers should include all locations in the remarks of the work permit . A note must be included in the application in cases where the officer decides to limit the location.\nIn the Employer Portal User Guide, employers are instructed to enter information about the physical job location(s). If they answer “yes” to the question about additional job locations, they can then enter information about a second address. If there are more than two locations , the guidance suggests only completing the first job location section, and listing all other locations in the “Main duties of the job” text field. This information is transferred to GCMS and is shown under the “Duties” field in the IMM-TR>Employment Details-LMIA Exempt view.\nMain duties of the job must align with NOC selected", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing the offer of employment information (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-6-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — Reviewing the offer of employment information", + "marginal_note": "Reviewing the offer of employment information", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The officer should ensure that the “Main duties of the job” field contains the same duties as those listed under the National Occupational Classification (NOC) code for the broad occupation category selected. The duties listed on the offer of employment can include duties from a lower level in the same skill type, but not from a higher skill level in the NOC matrix . It would be reasonable to assume that a temporary worker might at times perform duties at a lower skill level, but not at a higher level. Performing higher-level duties could compromise a temporary worker’s eligibility for the particular LMIA exemption being requested, and higher-level duties should be compensated at a higher rate.\nFor example , a housekeeping manager (NOC code 6312) could include the cleaning duties of a housekeeping attendant (NOC code 6731), but not the other way around.\nVariance in duties\nIf there are any differences between the duties listed under the NOC code and those listed in the offer, the officer may do any of the following:\nconfirm that the duties are from a lower skill level in the same skill type\nclarify with the employer that the correct occupation was selected and change the occupation in the work permit application based on information provided by the employer\nrefuse the work permit application under paragraph R200(3)(a) , as the foreign national might not be able to conduct the duties in the offer\nNote: If the officer makes changes based on their contact with an employer, they must receive the instruction to make those changes from the employer in writing , and they must add the instruction to the case notes to ensure that, during a compliance inspection, the correct information is inspected.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing the offer of employment information (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — Changes to the offer by the employer after matching to the a", + "marginal_note": "Changes to the offer by the employer after matching to the application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When the employer submits the offer of employment, it remains as “pending” in GCMS until it is matched to the work permit application via the A# (offer of employment number), passport number and citizenship of the applicant.\nTherefore, once an offer of employment is matched in the system to the work permit application (i.e. status changed from “pending” to “matched”), the employer is no longer able to make changes to that offer in the Employer Portal.\nAdditionally, the offer of employment cannot be reused to support other applications for work permit or extensions after it has been matched with a work permit application.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Changes to the offer by the employer after matching to the application", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — Completeness of the offer of employment", + "marginal_note": "Completeness of the offer of employment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the offer of employment is incomplete, or if the employer has only entered “see attached” in any of the fields of the offer, the officer may do any of the following:\ncheck in the eDoc view tab to confirm if additional documents were uploaded by the employer as per Explanation of exemption from the requirement to obtain a LMIA\ncontact the employer to request that they resubmit a new offer of employment in the Employer Portal with the full and correct information\nnote that the employer will need to withdraw the initial offer to obtain a refund of the fee; the applicant will need to withdraw their application\nrefuse the work permit application, as they cannot be satisfied that the LMIA exemption requirements have been met, that the offer is genuine or that the foreign national will be able to meet the requirements in the offer\nNote: In the Employer Portal User Guide , employers are told that they must fill in all fields in the offer forms. They may upload additional documentation if needed.\nInformation in application conflicts with applicant’s documents\nIf the information in the work permit application does not match the information provided by the employer (for instance, worker documentation indicates a different LMIA exemption or the wages or locations are different), the processing officer can do either of the following:\ncontact the employer directly using the contact information provided in the specific offer of employment and request further information\nassess the work permit application as received and make the final decision\nPort of entry (POE) tip\nAt the POE, if the worker is otherwise admissible, the border services officer may consider putting the examination on hold in order to give the employer time to provide the completed offer of employment, or to allow an offer of employment to be amended to reflect the terms listed in the offer or contract provided to the foreign worker. Once the new offer of employment is completed and received by IRCC, the border services officer can continue to process the work permit application.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Completeness of the offer of employment", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-9", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — Manual un-matching by officers", + "marginal_note": "Manual un-matching by officers", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the final decision has not yet been made on the work permit application with which the offer is matched, the offer can be unmatched and then matched to a new work permit application.\nExample\nA person applies for an extension of their work permit using the online application, and the offer of employment number is automatically matched to the work permit application. The person leaves Canada and submits a new work permit application on re-entry. The border services officer can un-match the offer of employment number from the online application and match it to the new work permit request created at the POE, allowing the officer to correctly issue the work permit.\nImportant: Officers should always ensure the employer compliance fee is de-allocated from the incorrect application and allocated to the new work permit.\nThe original application for an extension should be refused (not cancelled or withdrawn), as there is no longer a supporting LMIA-exempt offer of employment. Make note that the LMIA exemption number has been matched to another application on the refused application.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Manual un-matching by officers", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-10-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — Changes between the offer of employment and the work permit ", + "marginal_note": "Changes between the offer of employment and the work permit application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In general, officers should not change any information provided by the employer , as the employer is expected to ensure that the information included in the offer of employment is accurate. Any change by IRCC or the CBSA to the information provided by the employer, without the employer’s knowledge and consent, renders subparagraph R209.2(1)(b)(i) unenforceable, as the information is no longer provided by the employer and cannot be verified as accurate.\nOfficers should not request information pertaining to the offer of employment directly from the foreign worker, as only information provided directly from the employer can be inspected for compliance.\nNote: If the officer requests information directly from the employer and, based on the information received, information in the offer is changed, they must record the employer’s response in the case notes so that the Case Management Branch is aware that the change was approved by the employer at the time of a compliance inspection.\nChanges authorized for the processing officer without contact with the employer\nOnly the following may be changed by the processing officer without the need to contact the employer:\nLMIA exemption codes:\nThe LMIA exemption code is automatically populated when the employer selects “LMIA exemption” from a drop-down menu in the Employer Portal.\nSometimes the employer selects the wrong LMIA exemption in error, but writes the correct explanation in their explanation of how the job meets the requirements of the exemption being requested.\nOfficers should first assess the explanation to ensure that it matches the LMIA exemption code selected.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Changes between the offer of employment and the work permit application (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-10-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — Changes between the offer of employment and the work permit ", + "marginal_note": "Changes between the offer of employment and the work permit application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If it does not, the information provided in the “Explanation of how the job meets the requirements of the exemption being requested” field should be used to determine the correct exemptions.\nPassport number:\nThe employer is required to input the foreign national’s passport number into the offer of employment.\nThe passport number and country of citizenship are validated against the same information provided in the work permit application.\nThis requirement ensures that the foreign national specified in the offer and the foreign national submitting the work permit are the same individual.\nThere might be instances where the validity of the passport provided by the employer does not cover the full duration of the offer, but the foreign national is in the process of obtaining a new passport.\nOnce the identity of the work permit applicant has been validated, processing officers may update the passport information in GCMS so that the work permit may be issued for the full duration of the offer.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Changes between the offer of employment and the work permit application (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-11", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — Concerns regarding the genuineness of the offer of employmen", + "marginal_note": "Concerns regarding the genuineness of the offer of employment [R200(5)]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the officer has concerns regarding the employer or the genuineness of the offer of employment, the officer may request further information directly from the employer as per the contact information supplied in the offer of employment. Subparagraph R200(1)(c)(ii.1 ) provides officers with the authority to request information from employers without having to use the foreign national applicant as a conduit for that request.\nFor further instructions regarding genuineness reviews or the assessment of past compliance with the requirement on wages, occupation and working conditions, see either of the following:\nAssessing the genuineness of the offer of employment on a work permit application [ R200(5) ]\nReview of wages, occupation and working conditions provided to previous temporary workers\nImportant: Subparagraph R209.2(1)(b)(i) makes it a condition that employers demonstrate that any information they provided under subparagraph R200(1)(c)(ii.1) or section R209.11 is accurate . Information provided by or requested from the foreign national is not “provided by the employer” and is therefore not included in the information that can be inspected for accuracy. The employer’s contact information should be included in the offer of employment form provided by the employer, as per section R209.11. The method of contact (for instance, email, regular mail or fax) should be determined by individual offices according to their internal procedures.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Concerns regarding the genuineness of the offer of employment [R200(5)]", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-12", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — When to refer a concern to Case Management Branch", + "marginal_note": "When to refer a concern to Case Management Branch", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If an officer detects any anomalies or patterns of concern during work permit processing, issuance, or anytime thereafter, they are requested to submit the concern to Case Management Branch (CMB), Investigations and Exceptional Cases Division (IECD).\nTips received are investigated after the fact; referral to CMB should not delay processing.\nSome examples of reasons for using the Tip Referral process:\nthe processing officer has concerns or evidence of past non-compliance that the employer did not meet any of the following commitments made in a past offer of employment:\nemployment in the same occupation set out in the foreign national’s offer of employment\nsimilar but not lower wages and benefits than offered\nworking conditions that were substantially the same but not less favourable than those set out in their offer\ninformation is available (such as a media article according to which an employer is being investigated for labour violations against their workers) indicating that there could be grounds to make a negative determination\ncomplaints received that the employer might not have complied with elements listed on the offer of employment, such as underpaying the foreign worker or forcing extra hours or duties\nconcerns that an employer might have provided misleading information on an offer of employment, such as offering a job that did not exist to facilitate a PR application for the foreign worker", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: When to refer a concern to Case Management Branch", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-13-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — Refusals, withdrawals and refunds", + "marginal_note": "Refusals, withdrawals and refunds", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A refund of the employer compliance fee must be initiated according to the IRPR in either of the following situations:\nthe work permit application is refused\nthe employer withdraws their offer of employment in writing before the issuance of the work permit Footnote i and the work permit application is therefore refused\nNote: Candidates who have had their offer of employment withdrawn from an International Experience Canada pool will be able to create a new profile in order to become a candidate again.\nIn addition, in accordance with the requirements of the Financial Administration Act, a regulatory fee cannot exceed the cost of the service. Therefore, if a work permit application is withdrawn before the issuance of the work permit, the employer compliance fee must be refunded, since IRCC could not inspect the employer and the regulatory fee therefore exceeds the cost of the service.\nRefusal of the work permit application\nIf a work permit application is refused, a refund of the employer compliance fee should be initiated by the processing office in accordance with the standard guidelines.\nPOE tip\nIf the work permit is refused at the POE, the border services officer should create a work permit request in GCMS but should not link it to the offer of employment number. This leaves the offer as “pending” and ensures that the employer can trigger the refund by withdrawing the offer of employment in the Employer Portal once their worker has informed them of being refused.\nRefusals where employer was exempted from paying the compliance fee\nEmployers who are exempt from the fee requirement under subsection 303.1(5) are required to upload “proof of fee exemption” in the Employer Portal if they indicate they are fee exempt.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Refusals, withdrawals and refunds (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-13-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — Refusals, withdrawals and refunds", + "marginal_note": "Refusals, withdrawals and refunds", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If there is no corresponding fee payment (listed in the “Payment” view tab) for an offer of employment, the employer should have provided proof of their fee exemption.\nThe proof of fee exemption document may be found in the “eDocs” view tab. Officers should confirm that no fee exemption was indicated and no fee payment was made before refusing under paragraph R200(2)(f.1) .\nWithdrawal of the offer of employment before work permit issuance\nEmployers can withdraw only offers of employment that have not yet been matched with a work permit application. Once a work permit application is matched with the offer, the employer must email the Employer Portal mailbox indicating that they wish to withdraw.\nIf the offer status remains “pending,” employers may withdraw their offer of employment directly from their Employer Portal account. This will change the status of the offer of employment from “pending” to “withdrawn.”\nWithdrawal when work permit application has been matched, but not yet approved (no letter of introduction or work permit issued)\nThe employer must email the Employer Portal mailbox to withdraw an offer of employment that has already been matched to a work permit application.\nTo ensure that the work permit is not approved erroneously, the Employer Portal mailbox team will do both of the following:\nadd a case note to the work permit application indicating the employer’s withdrawal (copy and paste the employer’s email)\ncontact the processing office to inform them of the withdrawal of the offer of employment\nIf the offer of employment is withdrawn or cancelled after a work permit application is received, the processing office should do both of the following:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Refusals, withdrawals and refunds (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-13-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — Refusals, withdrawals and refunds", + "marginal_note": "Refusals, withdrawals and refunds", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "refuse the work permit application if the employer withdraws the offer of employment in writing before the issuance of the work permit\nrefund the employer compliance fee as per the standard guidelines for IPRMS receipts\nA template letter titled “Employer Compliance refund to employer” is provided in the “Temporary Residents” GCMS templates folder for use by processing offices.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Refusals, withdrawals and refunds (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-14-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — POE considerations", + "marginal_note": "POE considerations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Case type 52: GCMS automatically populates this case type. Changing it to anything else is not necessary.\nOffer of employment number: The foreign national should be in possession of the offer of employment number. It is seven digits that follow an “A.” Officers should enter this number at the time of case creation.\nIf an officer matches the offer of employment number and then creates a new work permit application, they must remove the offer of employment number and de-allocate the fee from the incorrect work permit application, then enter the offer of employment number into the new application and ensure the employer compliance fee is allocated as well.\nExplanation of how the job meets the requirements of the exemption being requested: Officers must review this to ensure the correct LMIA exemption code was selected and to ensure that the requirements of an LMIA exemption are met.\nEmployer name: This will automatically populate from the offer of employment. This ensures a consistent formatting of organization names.\nNOC code: This will automatically populate from the offer of employment and should not be changed.\nLMIA-exemption title/code: The description of the code is selected from a dropdown menu and the code is then automatically populated in the Employer Portal. At times, the selection might not match what is specified in the “Explanation” field. See section “Changes authorized for the processing officer without contact with the employer” for instructions.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: POE considerations (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-14-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — POE considerations", + "marginal_note": "POE considerations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Refusals: If the work permit is refused at the POE, the border services office does not generally create a work permit application in GCMS and match the offer of employment number. This leaves the offer as “pending” and ensures that the employer can trigger the refund by withdrawing the offer of employment in the Employer Portal.\nHowever, if the work permit application is created in GCMS, the border services officer should remove the offer of employment number before refusing and closing the case so that it may be withdrawn by the employer. A case note indicating the offer of employment number could be added.\nWork permit application approved at a visa office (letter of introduction provided) but work permit not issued (POE)\nIf the offer of employment is withdrawn or cancelled after the approval by a visa office, but before work permit issuance at the POE, the border services officer should do both of the following:\nrefuse the work permit application if the employer withdraws the offer of employment in writing before the issuance of the work permit (this should be reflected in GCMS)\ninform the approving office (i.e. the visa office) of the refusal so that the visa office may initiate a refund of the employer compliance fee", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: POE considerations (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-30-15", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer-specific work permits – General processing – Intern — Footnote", + "marginal_note": "Footnote", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Footnote i\n“Work permit issuance” is when the officer prints the work permit and gives it to the applicant.\nReturn to footnote i referrer", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Footnote", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html" + }, + { + "id": "pdi-tr-31-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Regulated or certified occupations – Processing of work permit applications", + "marginal_note": "Regulated or certified occupations – Processing of work permit applications", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nA number of professions in Canada are regulated, to protect the public. Many jobs in Canada require the worker to have a licence or certificate of qualification before they can begin work. Jobs that require a licence or certificate of qualification are called regulated occupations . Workers require specified education and experience before they can obtain a licence to work in most regulated occupations. Many professions are not regulated but will still have professional associations that grant certifications.\nAs part of the assessment of an application to work in Canada, officers must be satisfied that the foreign national will be able to perform the work sought. If the officer has reasonable grounds to believe that the foreign national is unable to perform the work, the officer is prohibited from issuing a work permit under paragraph R200(3)(a) .\nIn addition to ensuring that the foreign national has the education, training, experience, language skills and physical ability to perform the work, the officer has to be satisfied that the worker has or can obtain the certification or licensing required for their occupation in Canada before beginning to work in this country.\nTo work in a regulated profession or trade and use a reserved title, the worker must obtain a licence or a certificate of qualification from the appropriate regulatory (licensing) body. Regulatory (licensing) bodies may have an overarching national association, but licensing requirements are usually provincially based. Each regulatory body has its own procedures and requirements to register. Employers and prospective workers are responsible for verifying the requirements to obtain a licence or certificate of qualification for a regulated occupation with the appropriate regulatory body.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Regulated or certified occupations – Processing of work permit applications", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/regulated-certified-occupations.html" + }, + { + "id": "pdi-tr-31-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Regulated or certified occupations – Processing of work perm — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Determining if occupation is regulated\nApplicant has certification or licence\nApplicant does not have certification or licence\nTraining or testing as part of the employment offer\nOffer of employment for a lower-level occupation\nFor the purpose of issuing a work permit, Immigration, Refugees and Citizenship Canada (IRCC) officers or Canada Border Services Agency (CBSA) officers need to ensure the worker has the required education, certification, training or licensing to practise in a regulated occupation in Canada. If the applicant is not in Canada and unable to go through the process to meet the requirements to practise their occupation or trade, IRCC or the CBSA will assess whether the applicant, on a balance of probabilities , is more likely than not to qualify, or has taken steps toward obtaining the required certification or licensing after arrival in Canada, before issuing a work permit.\nNote: Possessing a licence from a regulatory (licensing) body and being registered with a regulatory body are equivalents. A licence is the registration.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/regulated-certified-occupations.html" + }, + { + "id": "pdi-tr-31-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Regulated or certified occupations – Processing of work perm — Determining if occupation is regulated", + "marginal_note": "Determining if occupation is regulated", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A regulated occupation is an occupation that is controlled by provincial or territorial and sometimes federal law. The provinces or territories may designate a professional or regulatory body to govern the occupation. The professional or regulatory body has the authority to set entry requirements and standards of practice that lead to a certification or licensure [for example regulated professions (e.g., nursing) and skilled trades (e.g., plumbing)].\nEmployers hiring a foreign worker in regulated occupations in Canada should ensure that arrangements are made with the appropriate professional or regulatory body for the certification or licensing of the foreign worker prior to submitting an offer of employment to IRCC or an LMIA request to ESDC/Service Canada.\nIn regulated occupations, the law requires workers to obtain a certificate or licence to use the reserved title for the occupation or obtain the exclusive right to practise the occupation. These regulations are intended to protect the health and safety of Canadians by ensuring that professionals meet the required qualifications, standards of practice and competency.\nThere are 2 types of regulation:\nExclusive professions or Exclusive right to practise : In the case of an exclusive profession, only members of the order can engage in the profession’s activities and make use of the title allowed to them by law. The law defines, among other things, the professional activities strictly reserved for the members of each regulatory body. These occupations require a licence as proof of the worker’s approval to use the title and work in the occupation.\nFor example: dentists, veterinarians, lawyers and architects.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Determining if occupation is regulated (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/regulated-certified-occupations.html" + }, + { + "id": "pdi-tr-31-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Regulated or certified occupations – Processing of work perm — Determining if occupation is regulated", + "marginal_note": "Determining if occupation is regulated", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Reserved title : A profession where only members of a regulatory body can make use of specific titles and abbreviations allowed by law. Individuals who are not members of that regulatory body may practise the occupation, but they may not use any of these titles or allow others to believe (by using a similar title or abbreviation) that they are members of a regulatory body.\nFor example: certified general accountant. Others can practise accountancy but cannot call themselves a certified accountant without being a member of the provincial regulatory body.\nOfficers can determine if an occupation is regulated by taking the following steps:\nreview the National Occupation Classification (NOC) occupation profile to determine if it requires a certificate, licence or registration by province\nuse the Foreign Credential Recognition in Canada Tool on Job Bank\nreview the Canadian Information Centre for International Credentials (CICIC) website for the occupational profiles for a variety of professions\ncontact the regulatory body or review any social media provided by the regulatory body to determine requirements", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Determining if occupation is regulated (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/regulated-certified-occupations.html" + }, + { + "id": "pdi-tr-31-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Regulated or certified occupations – Processing of work perm — Applicant has certification or licence", + "marginal_note": "Applicant has certification or licence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the foreign national has previously been in Canada with an authorization to work and had obtained the required certification or licence, an officer can review the document and determine if they are satisfied that the individual is still able to perform the work sought.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Applicant has certification or licence", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/regulated-certified-occupations.html" + }, + { + "id": "pdi-tr-31-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Regulated or certified occupations – Processing of work perm — Applicant does not have certification or licence", + "marginal_note": "Applicant does not have certification or licence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If a determination has been made that an occupation is regulated, the processing officer must be satisfied that the foreign national has obtained the required licence or can obtain it within a reasonably short period after entry to Canada. Since the expectation is that the worker should be able to perform the work sought immediately on arrival, a reasonable period would be within 4 months (i.e., qualifying after a maximum of one semester of studies).\nLack of the required licence or certification should not be an immediate refusal of a work permit application, as there are some occupations where the testing can only be completed, or licensing can only be obtained, while the worker is physically in Canada.\nIn addition, there are some occupations such as architects, surveyors, etc. where a candidate’s work can be reviewed, approved and signed-off by a registered (licensed) professional until the foreign national passes licensing requirements.\nWhen reviewing the application, officers can use one of the following guidelines if the worker does not have the licence or certification:\nTraining or testing is part of the employment offer : If the employer states in the job offer they (employer) will fund the training or testing and pay a wage during this period, the employee must show that they are scheduled for the required training or testing and have the capacity to complete it in a reasonably short period after entry and that they have the language skills to succeed in their training.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Applicant does not have certification or licence (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/regulated-certified-occupations.html" + }, + { + "id": "pdi-tr-31-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Regulated or certified occupations – Processing of work perm — Applicant does not have certification or licence", + "marginal_note": "Applicant does not have certification or licence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Use of lower-level occupation : A worker may be applying to enter Canada in a lower-level occupation and then complete their training or testing after arrival so that they later meet the requirements of the intended level of work, at which point they will apply for a new work permit in the higher-level occupation.\nAn officer must be satisfied that the worker will be able to perform the work sought as per paragraph R200(3)(a). If the worker does not have a required licence or cannot obtain it within a reasonable period of time, the officer may refuse the work permit. When this happens, officers should follow the process in the instructions: Record your decision to write their refusal notes.\nTraining or testing as part of the employment offer\nIf the foreign national does not hold the required licence or certification, the officer should determine if there is a viable plan between the employer and the foreign national for obtaining it.\nThe officer should ensure that the offer of employment reflects:\nthat any training required is already scheduled within a reasonably short period of time after the estimated arrival in Canada.\nwho will pay for the training and the cost.\nwhether the applicant has the required language skills .\nhow long the training is expected to take.\nwhether wages will be paid during the training period or if the worker is paying for training or tuition fees.\nThis information will assist the officer in determining if the foreign national will be able to perform the work sought in Canada immediately on arrival or in a reasonably short period thereafter.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Applicant does not have certification or licence (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/regulated-certified-occupations.html" + }, + { + "id": "pdi-tr-31-4-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Regulated or certified occupations – Processing of work perm — Applicant does not have certification or licence", + "marginal_note": "Applicant does not have certification or licence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Example: Long-haul truck drivers are required in most provinces to complete a Mandatory Entry-Level Training (MELT) before they can obtain their licence to drive trucks. This MELT is only available in Canada and can be costly. The LMIA or the worker should provide information on when training is scheduled, where it will take place, who will pay for the cost of training and if the worker will receive wages during the training period.\nApprovals\nIf the processing officer is satisfied that the foreign national is likely able to obtain the licence or certificate of qualification required, and all other requirements are met, they may approve the application and impose a condition under subparagraph R185(b)(iv).\nCondition to be imposed: To ensure that any training is completed prior to the initiation of the work activity, officers should impose the following condition by writing it in the User Remarks field of the work permit:\nPursuant to R185(b)(iv) the authorized period of work begins when the appropriate federal or provincial/territorial certification/licence is received or by [ Date ]\nThe [ Date ] should be the length of time the training or certification will take. A reasonable period of time would be the length of any required courses plus a couple of weeks, but generally not longer than 4 months (i.e., a semester).\nThe duration of the work permit should never be longer than what is stated in the LMIA or LMIA-exempt offer of employment, regardless of length of the training. See Conditions and validity period on work permits for further instruction.\nRefusals", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Applicant does not have certification or licence (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/regulated-certified-occupations.html" + }, + { + "id": "pdi-tr-31-4-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Regulated or certified occupations – Processing of work perm — Applicant does not have certification or licence", + "marginal_note": "Applicant does not have certification or licence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the officer is not satisfied that the applicant has the language skills to succeed, that the training is available and will take place within a reasonable period of time after entry, or that funds are not available to pay for training, then they have reasonable grounds to believe that the foreign national will be unable to perform the work sought [paragraph R200(3)(a)]. If an officer is not satisfied that the foreign national will be able to perform the work sought, they are prohibited from issuing a work permit. The application should be refused.\nOffer of employment for a lower-level occupation\nIn some cases, employers will provide a job offer for an occupation in a lower-skill-level category (usually lower paid) in order to provide the foreign national with the time in Canada to obtain the licence or the Canadian experience needed to meet the licensing requirements.\nWithin the NOC there are 9 broad occupational categories, and each category is divided into skill levels. Some regulated occupations require Canadian work experience, or training and testing, which are only available in Canada .\nSome examples of this are registered nurses, dentists and veterinarians.\nIn some regulated occupations, the employer may provide an initial job offer at the lower-skill-level occupation (e.g., personal support worker) or a similar field which would not require a licence, in order for the foreign national to have sufficient time to gain the experience, upgrade their knowledge or pass any testing required to be licensed or registered in Canada.\nOnce the requirements are met and the foreign national is licensed, a new job offer for the higher-occupational level may be provided, and a new work permit will be required.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Applicant does not have certification or licence (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/regulated-certified-occupations.html" + }, + { + "id": "pdi-tr-32-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Conditions and validity period on work permits (temporary workers)", + "marginal_note": "Conditions and validity period on work permits (temporary workers)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: Some Entry/Exit information can be accessed in GCMS by conducting a query through the application screen. Since February 26, 2019, all land entry and exit records (on all travellers, including Canadian and US citizens) and all air entry records are available. The Canada Border Services Agency (CBSA) started to onboard air carriers between June 2020 and June 2021 to obtain air exit information. As of June 2021, all air exit information is available through a query in GCMS. Entry/exit information can be used to assess residence and to check for overstays. Data is collected point forward and not available for records that predate February 26, 2019.\nThis section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nAll temporary workers have general conditions and specific conditions imposed on their work permits (see sections R183 and R185 of the Immigration and Refugee Protection Regulations [IRPR] for more details). When a work permit based on the offer of employment is issued, conditions are automatically imposed on employers [ R209.2 ].\nFor Labour Market Impact Assessment (LMIA)-exempt, employer-specific work permits , there are 2 different sets of conditions involved:\nthose imposed on the employer , based partially on the offer of employment when the work permit is issued\nthose imposed on the temporary worker in regard to the work permit", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Conditions and validity period on work permits (temporary workers)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/eligibility-admissibility-conditions-including-validity-period.html" + }, + { + "id": "pdi-tr-32-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Conditions and validity period on work permits (temporary wo — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "General conditions related to temporary work\nSpecific conditions related to temporary work\nConditions imposed during the implied status period\nConditions imposed on the employer that overlap the work permit conditions\nValidity period for work permits\nCategories of work with validity periods that may not be exceeded", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/eligibility-admissibility-conditions-including-validity-period.html" + }, + { + "id": "pdi-tr-32-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Conditions and validity period on work permits (temporary wo — General conditions related to temporary work imposed by oper", + "marginal_note": "General conditions related to temporary work imposed by operation of law [R183]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As per paragraph R183(1)(b), all temporary residents may not work unless authorized to do so under sections R186, R200 and R201. These authorizations include the following:\nthe authority to work without a permit [R186]\nopen work permit holders [R200]\nholders of employer-specific work permits [R201]\nIf authorized to work according to these regulations, temporary residents cannot enter into an employment agreement, or extend the term of an employment agreement with, an employer who is in any of the following situations:\non a regular basis, offers striptease, erotic dance, escort services or erotic massages [R183(1)(b.1)]\nis referred to in any of subparagraphs R200(3)(h)(i) to (iii) [R183(1)(b.2)], which includes an employer who is in any of the following situations:\nis subject to a determination under subsection R203(5) because in the past 6 years, they failed to offer foreign nationals substantially the same wages and working conditions in the same occupation as the applicant, as those in the offer of employment\ncommitted a violation under section R209.95\nowes penalty fees or fails to make payments as per a payment agreement", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: General conditions related to temporary work imposed by operation of law [R183]", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/eligibility-admissibility-conditions-including-validity-period.html" + }, + { + "id": "pdi-tr-32-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Conditions and validity period on work permits (temporary wo — Specific conditions related to temporary work: imposed by th", + "marginal_note": "Specific conditions related to temporary work: imposed by the processing officer [R185]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The specific conditions related to temporary work [R185] can be imposed only by an officer and are not automatic.\nThe conditions can be selected from the list in the Global Case Management System (GCMS) and will be written in the “Conditions” section on the work permit. If a specific condition is not in the GCMS list, the officer may add it in the “User Remarks” section of the work permit.\nThe conditions that may be imposed are as follows:\na period of authorized stay\nmay be different (longer) than the period of authorized work\nthe type of work\nis as listed in the “Occupation” field on the work permit\nis pulled from the “Job Title” field in GCMS and not the “NOC code” field\nthe employer\nthe officer does not need to include “not authorized to work for any other employer” in order for this condition to be imposed\nincluding the name in the “Employer” field on the work permit imposes the condition that the temporary worker is authorized to work only for that specific employer\nlocation of work\nmay be a specific street address, a city or town, a province or all of Canada\nthe officer must confirm that the location is correct as per the LMIA or the offer of employment (LMIA-exempt)\ntimes and period of work\nmay be the number of days or specific periods the worker is allowed to work\nIn the processing of work permits, there are specific situations when imposing these conditions is mandatory.\nPeriod of authorized stay (mandatory imposition)\nThe authorized period of stay may be longer than the authorized period of work [R185(a) and R185(b)(iv)].\nExample situation for an authorized period of stay condition", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Specific conditions related to temporary work: imposed by the processing officer [R185] (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/eligibility-admissibility-conditions-including-validity-period.html" + }, + { + "id": "pdi-tr-32-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Conditions and validity period on work permits (temporary wo — Specific conditions related to temporary work: imposed by th", + "marginal_note": "Specific conditions related to temporary work: imposed by the processing officer [R185]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In the Global Skills Strategy short-term work permit exemption category, when issuing a visitor record, an officer may issue it for a duration of 6 months and impose the condition that no more than 15 or 30 consecutive days of work may be completed during the validity of the visitor record.\nType of work (mandatory imposition)\nThere are a variety of situations where the type of work (that is, the occupation) must be imposed, such as with some employer-specific work permits and with open employer and occupation-restricted work permits [R185(b)(i)].\nExample situations for a type of work condition\nEmployer-specific work permits: In both the Temporary Foreign Worker Program and the International Mobility Program , work permits are issued for foreign nationals to work in a specific occupation. The occupation is restricted to the National Occupational Classification (NOC) code provided by the employer in the LMIA application or in the offer of employment for LMIA-exempt workers.\nOpen employer and occupation-restricted work permit : Where the employer is not listed, but the occupation is restricted due to medical or program requirements.\nThe employer (mandatory imposition)\nWhen issuing a work permit under subparagraph R200(1)(c)(ii.1), officers must ensure an employer is identified and the employer name matches the employer named on the LMIA or the offer of employment [R185(b)(ii)].\nAlthough this condition is imposed by writing the employer’s name on the work permit, officers are also advised to add the condition “Not authorized to work for any other employer” to the work permit, for clarity.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Specific conditions related to temporary work: imposed by the processing officer [R185] (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/eligibility-admissibility-conditions-including-validity-period.html" + }, + { + "id": "pdi-tr-32-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Conditions and validity period on work permits (temporary wo — Specific conditions related to temporary work: imposed by th", + "marginal_note": "Specific conditions related to temporary work: imposed by the processing officer [R185]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When an officer issues an employer-specific work permit under an LMIA exemption , if it is properly matched to the offer of employment, GCMS will automatically insert the employer’s name into the “Employer” field. This ensures that the correct name is entered and provides consistency of data, which improves data integrity in GCMS.\nLocation of work (mandatory imposition)\nLocation of work must be imposed as a condition where an LMIA has been issued or where it is a requirement of the LMIA exemption [R185(b)(iii)].\nFor example, when an employer has several franchise locations but indicates only one location on the offer of employment submitted through the system, the work permit should reflect the physical location of work and restrict the work to that location. However, if the employer indicates in the offer of employment that the worker will be working at multiple work locations, the officer should not restrict the work permit to a single location and should indicate in the “Remarks” field that the worker is authorized to work at the various locations across Canada.\nFor LMIA - supported work permits: The officer should impose the location of work to match the destination on the LMIA. This is to ensure that the temporary worker is working in the same labour market area assessed by Employment and Social Development Canada.\nFor LMIA-exempt work permits: Where the location of work is important to the exemption (such as for provincial nominees or specific “significant benefit to Canada” situations), location must be imposed.\nExample situation for a location of work condition", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Specific conditions related to temporary work: imposed by the processing officer [R185] (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/eligibility-admissibility-conditions-including-validity-period.html" + }, + { + "id": "pdi-tr-32-3-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Conditions and validity period on work permits (temporary wo — Specific conditions related to temporary work: imposed by th", + "marginal_note": "Specific conditions related to temporary work: imposed by the processing officer [R185]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A foreign national is assessed as being a significant social benefit because they are going to an area of Canada where their expertise is not otherwise available, such as in a rural area as opposed to a city. The officer will impose the specific location, as that is what was assessed for the LMIA exemption.\nTimes and periods of work (mandatory imposition)\nWhile the period of authorized stay may extend beyond the authorization period of work, the period of work may never extend beyond the duration specified in the LMIA or offer of employment.\nIn addition to the duration of work, there may be conditions according to which the worker is not authorized to work at specific times or dates.\nExample situations for times and periods of work conditions\nSeasonal agricultural workers are never to work between December 15 and January 1.\nStudents are authorized to work for up to 20 hours per week in their off-campus employment during the semester.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Specific conditions related to temporary work: imposed by the processing officer [R185] (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/eligibility-admissibility-conditions-including-validity-period.html" + }, + { + "id": "pdi-tr-32-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Conditions and validity period on work permits (temporary wo — Conditions imposed during the implied status period", + "marginal_note": "Conditions imposed during the implied status period", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Section R201 allows foreign nationals to apply for a renewal of their work permit only if the application is made before their present work permit expires. Paragraph R186(u) authorizes foreign nationals to work without a permit in the event that they submitted an application under section R201 and a decision on the renewal application has not yet been made.\nNote: It is not “implied status” under subsections R183(5) and (6) that allows a foreign national to keep working while their application for extension is in process. The foreign national must meet the requirements of paragraph R186(u). Paragraph R186(u) applies only until a decision is made on the original work permit renewal application.\nOnce the original work permit expires, the foreign national cannot submit another application under section R201, because they no longer have a valid work permit. Therefore, they cannot trigger the requirements of paragraph R186(u) if they are submitting an application for restoration with a work permit application.\nIt should be noted that “status” and “authorization” are separate in the Immigration and Refugee Protection Act (IRPA). A foreign national who submits the “Application to change conditions or extend my stay in Canada – Worker” application form [IMM 5710] is in effect submitting two applications in one. The foreign national is applying under section R181 for an “extension of status” and under section R201 of to “renew the work permit”. If submitted before the expiry of their present work permit, this combined application has 3 effects:\nShould a decision not be made on the “application” under section R181 before the expiration of their present status, the foreign national will be allowed to remain by operation of law (implied status) under subsection R183(5).\nThe application for renewal under section R201 triggers the ability for the foreign national to “work without a permit” under paragraph R186(u), unless they leave Canada.\nAny conditions imposed on the initial work permit carry over into the implied status period under subsection R183(6). For example, if a person held an open work permit, they may continue working for any employer until the new work permit is issued or the application is refused.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Conditions imposed during the implied status period", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/eligibility-admissibility-conditions-including-validity-period.html" + }, + { + "id": "pdi-tr-32-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Conditions and validity period on work permits (temporary wo — Conditions imposed on the employer that overlap the work per", + "marginal_note": "Conditions imposed on the employer that overlap the work permit conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "With the implementation of the employer compliance regime, for all employer-specific work permits, there are 2 different sets of conditions involved:\nthose imposed on the employer based on the offer of employment\nthose imposed on the worker as per the work permit\nWhen issuing work permits and imposing conditions, officers should try to ensure that the conditions imposed on the worker under section R185 match the conditions that will be imposed automatically on the employer under section R209.2.\nThese conditions are the following:\nlocation\noccupation\nLocation\nWorker conditions: The foreign national may have specific conditions imposed on them with the work permit. These conditions may include “not authorized to work at any other location”. If this condition is imposed and a location is specified, the worker will need a new work permit (including a new offer of employment in case of an LMIA-exempt work permit) in order to change locations.\nEmployer conditions: “Location” is normally considered as part of the condition that the employer must provide the “same working conditions”. The change in work location can’t be less favourable to the employee. In addition, the location can’t be changed if the location was part of the LMIA exemption requirement or justification (for instance, provincial nominees). Immigration, Refugees and Citizenship Canada (IRCC) does not require proactive notification of changes, but the employer is required to maintain any documentation regarding the changes and provide it as justification at the time of inspection. Employers who believe that they are not meeting conditions can use the voluntary disclosure process.\nOccupation", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Conditions imposed on the employer that overlap the work permit conditions (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/eligibility-admissibility-conditions-including-validity-period.html" + }, + { + "id": "pdi-tr-32-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Conditions and validity period on work permits (temporary wo — Conditions imposed on the employer that overlap the work per", + "marginal_note": "Conditions imposed on the employer that overlap the work permit conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers must ensure that the occupation on the work permit matches the occupation stated in the offer of employment or the LMIA.\nWorker conditions: The temporary worker may work only in the occupation specified on the work permit. Only the job title is printed on the work permit. However, it is the NOC code that the officer assesses against when issuing the work permit and conducting inspections. There are usually many different titles associated to a single NOC code. As long as the duties, education requirements, etc. of the occupation continue to match the NOC code, there should be no requirement for changing the work permit, and therefore, no requirement to submit a new offer of employment.\nEmployer conditions: The employer is required to provide the “same occupation” as that stated in the offer of employment. Therefore, the employer must ensure that the duties the temporary worker performs are for the NOC code specified in the offer rather than what is listed on the work permit.\nThe employer is required to retain all documents related to the foreign worker for up to 6 years after the date of issuance of the work permit, including details about the title change, to ensure information can be provided to an IRCC officer in the event of an inspection.\nFor more information, see the section “Occupation, Wages and Working Conditions” in the employer compliance inspections instructions .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Conditions imposed on the employer that overlap the work permit conditions (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/eligibility-admissibility-conditions-including-validity-period.html" + }, + { + "id": "pdi-tr-32-6-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Conditions and validity period on work permits (temporary wo — Validity period for work permits", + "marginal_note": "Validity period for work permits", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In general, the longer the duration of temporary stay is, the greater the onus will be on the individual to provide evidence of temporary purpose at the time an application for a work permit or extension is made.\nWhen determining the validity period of a work permit, officers must first consider the passport validity under subsection R52(1) : a foreign national is required by regulation to hold a passport that is valid for the period authorized for their stay, unless the applicant is exempted (such as U.S. nationals).\nTherefore, officers cannot issue a work permit or grant status as a temporary worker beyond the validity of the passport, as doing so would be putting the temporary worker in a position of non-compliance. Exceptions to this are noted in subsection R52(2). An additional exception applies for work permits issued to those who may not have status as a temporary resident [ R202 ].\nThe following circumstances are to be considered when determining a work permit validity period and are subject to passport validity:\nthe LMIA (subject to passport validity, officers should issue the work permit for the complete duration of the LMIA, taking into account the validity of the Quebec Acceptance Certificate where applicable)\nthe expected duration of employment in the LMIA-exempt offer of employment\nthe maximum time allowed by any particular program or agreement in which the temporary worker is participating\nSome programs and agreements may limit the period of initial issuance, the extensions or the total period of employment in Canada. See the categories of work below.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Validity period for work permits (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/eligibility-admissibility-conditions-including-validity-period.html" + }, + { + "id": "pdi-tr-32-6-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Conditions and validity period on work permits (temporary wo — Validity period for work permits", + "marginal_note": "Validity period for work permits", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Providing the requirements are met, officers should issue a work permit for the complete expected duration of the employment. It is in IRCC’s and the temporary worker’s interest to lengthen the periods between times when an immigration service is required. That is, officers should allow a foreign national to work, without having to submit renewal applications unnecessarily frequently, to save the employers’ and the workers’ time and money and to reduce the burden on the department’s resources.\nIf a temporary resident visa is necessary: It should be of the same duration as the work permit (or passport, if it will expire first), and it should allow for multiple entries, provided there are no restrictions noted in chapter IC 2.\nFor initial or renewed work permit applications from visa-exempt foreign nationals: An electronic travel authorization (eTA) will be issued automatically with the work permit. It will be valid for 5 years from the date of issuance or until the client’s passport expires (whichever comes first), regardless of whether this date is beyond the expiry date for the work permit. There will be no separate fee for the eTA.\nNote: An eTA should not be issued with a work permit renewal in the following cases:\nthe foreign national has an unenforced removal order\nthe foreign national has been issued a work permit that “does not confer temporary resident status”\nthe foreign national has overstayed their authorized period of stay\nthe foreign national is a temporary resident permit holder\nthe foreign national is inadmissible to Canada\nIn all of the above cases, officers must cancel all valid eTAs (including those issued through the expansion of eTA).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Validity period for work permits (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/eligibility-admissibility-conditions-including-validity-period.html" + }, + { + "id": "pdi-tr-32-6-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Conditions and validity period on work permits (temporary wo — Validity period for work permits", + "marginal_note": "Validity period for work permits", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In all of the above cases, officers must cancel all valid eTAs (including those issued through the expansion of eTA).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Validity period for work permits (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/eligibility-admissibility-conditions-including-validity-period.html" + }, + { + "id": "pdi-tr-32-7-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Conditions and validity period on work permits (temporary wo — Categories of work with validity periods that may not be exc", + "marginal_note": "Categories of work with validity periods that may not be exceeded", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Professionals\nNorth American Free Trade Agreement (NAFTA) [R204(a), exemption code T23 ]: Work permits may be issued for 3 years, with renewals by 3‑year increments.\nOther free trade agreements (FTAs) similar to the NAFTA: [R204(a), exemption code T23 ]: Work permits may be issued for 1 year, with renewals by 1-year increments.\nGeneral Agreement on Trade in Services (GATS) [R204(a), exemption code T33 ]: 90-day limit per 12-month period.\nNote: There is no limit on the number of extensions, providing the individual continues to comply with the requirements (see section 3.7 of the NAFTA ).\nIntra-company transferees\nNAFTA (and other FTAs similar to the NAFTA) [R204(a), exemption code T24 ], general provisions under the IRPA and the GATS [R205(a), (exemption code C12 ]: Work permits may be issued for the following periods:\nExecutives and managers: maximum initial 3 years, unless opening an office (1 year); 2-year renewals are allowable; the total period of stay may not exceed 7 years Footnote *\nSpecialized knowledge transferees: maximum initial 3 years, unless opening an office (1 year); 2-year renewals are allowable; the total period of stay may not exceed 5 years Footnote *\nInternational Experience Canada programs\nParagraph R205(b), exemption code C21 :The work permit cannot extend past the period specified in the country agreement.\nStudy permit holders\nWork permits issued under subparagraphs R205(c)(i.1) and (i.2), with exemption codes C32 and C33 , where the work is essential to the study program, should not exceed the validity date of the study permit.\nSpousal employment provisions", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Categories of work with validity periods that may not be exceeded (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/eligibility-admissibility-conditions-including-validity-period.html" + }, + { + "id": "pdi-tr-32-7-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Conditions and validity period on work permits (temporary wo — Categories of work with validity periods that may not be exc", + "marginal_note": "Categories of work with validity periods that may not be exceeded", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Work permits issued under subparagraph R205(c)(ii), with exemption code C41 or C42 [or under paragraph R205(b), with exemption code C20 , in the case of spouses or common-law partners of military personnel or diplomats], should not exceed the duration of the principal applicant’s stay in Canada.\nPost-graduate employment\nSubparagraph R205(c)(ii), exemption code C43 : This can be used only once, with a total employment period of a maximum of 3 years (see Study permits: Post-Graduation Work Permit Program ).\nLive-in Caregiver Program\nThe maximum validity of the work permit (and the maximum to which it can be extended under this program) is 4 years. Note: The entry into this program was capped at 0 in November 2014.\nRefugee claimants, etc.\nFor work permits issued under section R206, with exemption code S61 or S62 , the initial validity is 24 months and renewals may be issued for 1-year periods.\nDestitute students\nSection R208, exemption code H81 : A work permit should be issued only to allow the study permit holder to complete their term.\nTemporary resident permit holders\nTo be issued a work permit under section R208, with exemption code H82 , the holder must have a temporary resident permit valid for a minimum of 6 months. The validity date of the work permit should not exceed the validity of the temporary resident permit.\nSpecial category countries\nIn most cases, foreign workers from these countries may be issued work permits beyond a 1-year validity. See Appendix A of chapter IC 2.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Categories of work with validity periods that may not be exceeded (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/eligibility-admissibility-conditions-including-validity-period.html" + }, + { + "id": "pdi-tr-32-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Conditions and validity period on work permits (temporary wo — Footnotes", + "marginal_note": "Footnotes", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Footnote *\nFor these cases, a minimum period of one year must pass after the time cap (max. total period of stay) before applicants are eligible to be issued a new work permit in these categories. Documented time spent outside Canada may be “recaptured”. (See Intra-company transferees .)\nReturn to footnote * referrer", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Footnotes", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/eligibility-admissibility-conditions-including-validity-period.html" + }, + { + "id": "pdi-tr-33-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Urgent referrals process for work permits", + "marginal_note": "Urgent referrals process for work permits", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "All in-Canada visitor extension, study permit and work permit applications must be submitted electronically, with some exceptions. Consult the list of  programs that are exempt from the in-Canada mandatory electronic application requirement .\nThis section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nApplications for work permits extensions are submitted to the Centralized Network. Local Immigration, Refugees and Citizenship Canada (IRCC) offices are only expected to process complex or exceptional cases. However, certain types of requests for urgent work permit processing may be received by the Centralized Network or referred to local IRCC offices.\nThe provision for the urgent processing of work permits is neither a legislated activity nor a delegated decision. Local management is expected to exercise sound judgement to determine the level and manner of service required in a particular situation. Local managers are responsible for service delivery in their areas and should brief local staff on the application of these guidelines.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Urgent referrals process for work permits", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/urgent-referrals.html" + }, + { + "id": "pdi-tr-33-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Urgent referrals process for work permits — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "General criteria\nInstructions for the case processing centre\nRefunds at the case processing centre\nInstructions for local IRCC offices\nRefunds at local IRCC offices", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/urgent-referrals.html" + }, + { + "id": "pdi-tr-33-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Urgent referrals process for work permits — General criteria", + "marginal_note": "General criteria", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Requests for urgent processing are most often received when clients contact the Client Support Centre to request urgent processing, when members of Parliament contact the case processing centre to request urgent processing for a constituent or when local offices receive urgent request referrals directly from partners (such as provincial governments).\nThe current list provides examples of cases that warrant urgent processing:\nforeign medical doctor involved in the treatment of patients (such as a pathologist involved in the treatment of cancer patients) who is changing employers, relocating to another province or renewing their medical licence (note that a medical doctor who teaches but who is not actively involved in the treatment of patients does not qualify for urgent processing)\nforeign worker who is travelling urgently for business or due to death in the family or serious illness\nforeign worker who is qualified under the Alternatives to Detention Community Case Management and Supervision (CCMS) Program led by the Canada Border Services Agency (CBSA)\nThe CCMS Program, implemented in June 2018, aims to facilitate the release of individuals from detention into the community with support from third-party service providers (vendors) versed in providing socio-medical support in an enforcement environment.\nReleased individuals enrolled in CCMS are eligible to apply for an open work permit under paragraph 206(1)(b) of the Immigration and Refugee Protection Regulations (IRPR) (Labour Market Impact Assessment [LMIA] exemption code S62). The applicant is required to pay the processing fee ($155) but is exempt from the requirement to pay the open work permit fee ($100).\nThe applicant is provided with a letter from their vendor to support their work permit application.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: General criteria (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/urgent-referrals.html" + }, + { + "id": "pdi-tr-33-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Urgent referrals process for work permits — General criteria", + "marginal_note": "General criteria", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applicants can submit their paper application to the Case Processing Centre (CPC) in Edmonton (attention of TL-OSS).\nApplicants are not required to contact the Client Support Centre, since they have been identified under the CCMS Program led by the CBSA.\nFor tracking purposes, until a special program code is created, the processing agent should add the ORG code CCMS.\nClients must provide all the required documents for a work permit application, such as a LMIA or an offer of employment, as well as a Quebec Acceptance Certificate (CAQ), if applicable. Clients must also provide proof of urgency, such as proof of travel, a certificate of death or evidence of serious illness, or proof of CCMS enrolment.\nRole of the Client Support Centre\nIf the Client Support Centre agent determines that the client meets the criteria for urgent processing, a note is entered under the client’s unique client identifier (UCI) in the Global Case Management System (GCMS), indicating that the request has been received and that the client will submit an application by mail (attention of TL-OSS) to the case processing centre or that a referral has been sent to the local office for urgent processing.\nNote: The Client Support Centre must inform clients that the final determination on whether urgent processing will begin rests with the immigration officer.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: General criteria (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/urgent-referrals.html" + }, + { + "id": "pdi-tr-33-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Urgent referrals process for work permits — Instructions for the case processing centre", + "marginal_note": "Instructions for the case processing centre", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the client can wait 10 business days, the Client Support Centre agent will inform the client to submit their application to the case processing centre with all the required documents (such as an LMIA or offer of employment, a CAQ if applicable, and evidence of urgency, like proof of travel, a certificate of death or evidence of serious illness, or proof of CCMS enrolment). Urgent requests will be processed within 48 hours to 5 business days (plus additional time for mailing) by the case processing centre. In the event that the case does not warrant urgent processing, it will be put in the queue for regular processing. The agent will add a note in GCMS explaining that the case will not be processed urgently. The client will be notified that their application does not warrant urgent processing.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Instructions for the case processing centre", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/urgent-referrals.html" + }, + { + "id": "pdi-tr-33-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Urgent referrals process for work permits — Refunds at the case processing centre", + "marginal_note": "Refunds at the case processing centre", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the client submitted an application to the regular processing queue before the onset of the emergency, the client must send a new application for urgent processing with all the required documents, including fees and evidence of the urgency. The agent later processing the initial application will determine if the urgent work permit that has been issued has authorized all of the work that the client wishes to perform. If so, the fees will be refunded for this initial application, as the fees will already have been processed for the urgent processing.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Refunds at the case processing centre", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/urgent-referrals.html" + }, + { + "id": "pdi-tr-33-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Urgent referrals process for work permits — Instructions for local IRCC offices", + "marginal_note": "Instructions for local IRCC offices", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Cases meeting these same referral criteria but where processing must occur in less than 10 business days should be referred to the office responsible for the area in which the client is living.\nThe Client Support Centre agent will do the following:\nconfirm that the urgent situation meets the referral criteria and inform clients that it is the local office that determines whether urgent processing will begin\ninform the client that they will be contacted by the local office within 4 business days\nadvise the client of the required documentation (such as the LMIA or offer of employment, the CAQ if applicable and evidence of urgency, like proof of travel, a certificate of death or evidence of serious illness) to provide at the local office\nThe Client Support Centre agent will then complete the referral template and send an email referral to the appropriate local office. A note reflecting the outcome of the call as well as the client contact information will be placed under the client’s UCI in GCMS by the Client Support Centre agent.\nThe local office will monitor the mailbox and may contact the client referred to them for further information (missing documents or phone interview). In cases where an in-person interview is required, the local office will advise the client of the time and location of the interview.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Instructions for local IRCC offices (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/urgent-referrals.html" + }, + { + "id": "pdi-tr-33-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Urgent referrals process for work permits — Instructions for local IRCC offices", + "marginal_note": "Instructions for local IRCC offices", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When contacting clients, the local office should once again remind them of the documentation required to issue the work permit, as well as the required evidence of the existence of the emergency. For example, if the request for expedited service is based on the illness or death of a family member, it may be appropriate to request evidence of the illness or a copy of the death certificate. It may also be appropriate to request evidence of travel plans. Supporting documentation requirements will have also been relayed to clients by the Client Support Centre.\nIf the officer at the local office determines that the case does not meet the criteria for urgent processing, the client will be asked to submit their application to the case processing centre for regular processing. In these cases, officers are requested to indicate in a case note in GCMS that the file was declined for urgent processing and that the client has been referred for regular processing to the case processing centre.\nIn cases where the client has previously submitted an application to the case processing centre for regular processing, the local IRCC offices should only process the application if the case processing centre cannot reach a decision before the onset of the urgent situation for which the document is required. Refer to the latest processing times to verify the delay at the case processing centre. If the case processing centre is working on applications received close to the date the client submitted their previous application, the local office should contact the case processing centre to confirm if a decision will be rendered soon.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Instructions for local IRCC offices (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/urgent-referrals.html" + }, + { + "id": "pdi-tr-33-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Urgent referrals process for work permits — Refunds at local IRCC offices", + "marginal_note": "Refunds at local IRCC offices", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For clients who have already submitted an application to the case processing centre for a new work permit or for an extension of their existing work permit, but where the processing of that application has not yet begun, the local IRCC office processing the urgent work permit should confirm with the client that they wish to withdraw the application in queue at the case processing centre and receive a refund of those processing fees. This information is to be noted in a case note in GCMS for the information of the case processing centre.\nFor the purpose of withdrawals and refunds arising from the issuance of urgent work permits, verbal confirmation of the client’s desire to withdraw the earlier application at the case processing centre will satisfy the second policy statement in the IRCC refund policy.\nFor cases where there is evidence in GCMS that the application is already in process at the case processing centre, clients will not be eligible for a refund of fees.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Refunds at local IRCC offices", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/urgent-referrals.html" + }, + { + "id": "pdi-tr-34-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Quebec cases – (Temporary Foreign Worker Program (TFWP) and International Mobili", + "marginal_note": "Quebec cases – (Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThis page contains operational guidance for officers who process foreign nationals destined to work in Quebec, through either of the following programs:\nTemporary Foreign Worker Program\nInternational Mobility Program", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Quebec cases – (Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/quebec-cases.html" + }, + { + "id": "pdi-tr-34-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Quebec cases – (Temporary Foreign Worker Program (TFWP) and — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Temporary Foreign Worker Program (TFWP)\nCanada–Quebec Accord\nQuebec Acceptance Certificate (CAQ) requirement\nInternational Mobility Program (IMP)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/quebec-cases.html" + }, + { + "id": "pdi-tr-34-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Quebec cases – (Temporary Foreign Worker Program (TFWP) and — Canada–Quebec Accord", + "marginal_note": "Canada–Quebec Accord", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Under the terms of article 22 of the Canada–Quebec Accord , Quebec’s consent is required to grant entry to temporary foreign workers who are subject to labour market impact assessment (LMIA) requirements.\nForeign workers whose destination is Quebec must obtain the consent from the ministère de l’Immigration, de la Francisation et de l’intégration (MIFI) to enter Quebec and take temporary employment. This consent is granted through the issuance of a Quebec Acceptance Certificate (CAQ).\nAccording to the Quebec Immigration Regulation , the Minister’s consent to enter Quebec, granted through the issuance of a CAQ, is not required if any of the following conditions apply:\nThe employment is continuous in duration for a maximum of 30 days.\nThe employment is not paid.\nThe foreign national’s employment does not require an assessment of the impact that the employment offer has on the Quebec labour market (term that designates an LMIA in the Quebec Immigration Regulation).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Canada–Quebec Accord", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/quebec-cases.html" + }, + { + "id": "pdi-tr-34-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Quebec cases – (Temporary Foreign Worker Program (TFWP) and — Requirement of the attestation of issuance of a Quebec Accep", + "marginal_note": "Requirement of the attestation of issuance of a Quebec Acceptance Certificate (CAQ)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The CAQ is issued by the MIFI only for foreign nationals whose employment requires an LMIA.\nAs of December 11, 2023, the MIFI is no longer issuing a paper confirmation letter of the CAQ to temporary foreign workers. Instead, the MIFI is now issuing an online attestation of issuance of a CAQ. Certain applicants (such as applicants under the agriculture stream and in-home caregivers) will receive the attestation by mail until the online option is implemented.\nOfficers should continue to accept the old version of the CAQ issued before December 11, 2023. On August 2, 2018, the MIFI introduced a new CAQ that no longer has validity dates. The expiry date was replaced by a duration period, in months. The CAQ becomes effective at the time the work permit is issued. This modification was made to ensure the work permit can be issued for the full duration of the employment specified on the LMIA and CAQ.\nPer section 105 of the Quebec Immigration Regulation, the MIFI Minister’s consent for a foreign national’s stay, given under section 5 of this Regulation, is valid for the duration provided for in the positive assessment of the impact on Quebec’s labour market, up to a maximum of 36 months.\nThe start of the period provided for in the Quebec Immigration Regulation takes effect on the date the work permit is issued, under the Immigration and Refugee Protection Act (IRPA) (SC, 2001, C. 27).\nNote: To extend a CAQ, a job offer must be reconfirmed by the MIFI .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Requirement of the attestation of issuance of a Quebec Acceptance Certificate (CAQ)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/quebec-cases.html" + }, + { + "id": "pdi-tr-34-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Quebec cases – (Temporary Foreign Worker Program (TFWP) and — International Mobility Program (IMP)", + "marginal_note": "International Mobility Program (IMP)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Foreign nationals who are coming to work in Quebec under the IMP do not require a CAQ.\nThe following program delivery instructions (PDIs) are available for specific LMIA exemptions applicable to Quebec applicants:\nSpecific Quebec Selection Certificate (CSQ) holders currently in Quebec [R205(a) – A73]\nBridging open work permits (BWOPs) for certain economic class permanent residence applicants [R205(a) – A75]\nQuebec Selection Certificate (CSQ) holders currently outside Quebec [R205(a) – A76]\nComparison table of categories that are available under the International Mobility Program (IMP) for Quebec Selection Certificate (CSQ) holders (PDF, 629 KB)\nForeign physicians coming to work in Quebec [R205(a) – C10]\nProvincial business candidates or Quebec self-employed applicants approved for a Quebec Selection Certificate (CSQ) seeking eventual permanent residence [R205(a) – C60]\nQuebec investors – Issuance of open work permits to candidates who have received Notice of Intent to Select from Quebec [R204(c) – T10]", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: International Mobility Program (IMP)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/quebec-cases.html" + }, + { + "id": "pdi-tr-35-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Permits and Study Permi", + "marginal_note": "Bilingual Remarks/Observations for Visitor Records, Work Permits and Study Permits", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual Remarks/Observations for Visitor Records, Work Permits and Study Permits", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "User remarks under the “ mandatory ” category are not discretionary as per existing PDIs, and must be used if applicable to the temporary resident application.\nFiltering Options\nFiltering options\nDocument Type\nAll document types\nWork Permit (WP)\nStudy Permit (SP)\nVisitor Record (VR)\nCondition/ Category Type\nAll condition/category types\nAccompanying Dependant\nAgriculture\nCitizenship\nDocument Correction\nDocument Extension\nDocument Validity\nDocument Validity (WP)\nLMIA Exemption – International Mobility Program (IMP)\nLocation Restriction\nMaintained Status\nMandatory\nMedical\nOther Generic Situations\nPermanent Residence Applicants in Canada\nProfessional Sports\nPublic Policy\nPurpose of Visit\nSpecial Measures\nStudents\nTemporary Resident Permit (TRP)\nTransport Employee\nRestoration of Status\nFilter\nReset to defaults\nCondition/ Category\nCondition Description/ Sub-Category\nBilingual “Remarks/ Observations\" Standardized text\nDocument Type\nMore Information\nMandatory\nCondition 15: Not authorized to work in childcare, primary/secondary school teaching, health service field occupations Condition\nCan apply to have condition removed once an immigration medical is completed / Peut demander la suppression de la condition une fois qu’un examen médical aux fins de l’immigration a été effectué\nWP wp / SP sp / VR vr\nMust be paired with Condition 15\nMedical conditions to be imposed for occupation-restricted work permits. Use remark only when applicable\nMandatory\nCondition 16: Not authorized to work in agricultural occupations\nCan apply to have condition removed once an immigration medical is completed / Peut demander la suppression de la condition une fois qu’un examen médical aux fins de l’immigration a été effectué\nWP wp / SP sp / VR vr\nMust be paired with Condition 16 .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 1 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Medical conditions to be imposed for occupation-restricted work permits. Use remark only when applicable\nMandatory\nCondition 52: This permit does not authorize the holder to engage in off campus employment in Canada\nMay work on campus if meets eligibility criteria per paragraph R186(f) / Peut travailler sur le campus si les critères d’admissibilité prévus à l’alinéa R186(f) sont respectés\nSP sp\nMust be paired with Condition 52\nForeign nationals who are not eligible to work off campus without a work permit but are authorized to work on campus\nSee: Study permits: Final decisions\nMandatory\nPrerequisite Studies: Study permit issued for a prerequisite program, not eligible to work off campus until they begin their main program of study\nUnless prerequisite course or program has been completed, may not accept off-campus employment. / Ne peut pas accepter un emploi hors campus, sauf si le cours ou le programme préalable est achevé\nSP sp\nSee: Study permits: Final decisions\nMandatory\nTemporary Public Policy – Palestine : Study Permit / Visitor Record TPP for Palestinian nationals eligible for in-Canada supports / TR Pathway for Palestinian extended family in Gaza\nMOME2023\nSP sp / VR vr\nSee: Facilitative measures to support Israeli and Palestinian nationals in Canada\nMandatory\nTemporary Public Policy – Palestine : Work Permit TPP for Palestinians eligible for in-Canada supports / TR Pathway for Palestinian extended family in Gaza\nMOME2023 – Israeli-Palestinian TPP / PIPT pour les Israéliens et les Palestiniens\nWP wp\nSee: Facilitative measures to support Israeli and Palestinian nationals in Canada\nMandatory\nTemporary Public Policy – Haiti : Work Permit TPP for Haitian nationals in Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 2 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "TPP for nationals of Haiti who are in Canada as temporary residents / PIPT à l’intention des ressortissants haïtiens qui sont au Canada à titre de résidents temporaires\nWP wp\nSee: Temporary special measures in response to the crisis in Haiti\nMandatory\nTemporary Public Policy – Haiti : Work Permit TPP for family members of PR of Canadian citizens\nTPP for Family Members of Canadian Citizens and Permanent Residents who fled violence in Haiti / PIPT visant les membres de la famille d’un citoyen canadien ou d’un résident permanent du Canada ayant fui la violence en Haïti\nWP wp\nSee: Temporary special measures in response to the crisis in Haiti\nMandatory\nTemporary Special Measures – 2024 Wildfires : Workers directly affected by wildfires / are unable to attend their authorized place of employment due to wildfires\nTPP for foreign nationals in Canada affected by wildfires / PIPT pour les étrangers au Canada touchés par les feux de forêt\nWP wp\nEffective: July 19, 2024 to November 30, 2024\nMandatory\nHK Special Measure – Principal Applicant\n3-year open work permit under Hong Kong Special Measures – Public policy (R01) / Permis de travail ouvert de 3 ans dans le cadre des mesures spéciales pour les résidents de Hong Kong – Politique d’intérêt public (R01)\nWP wp / SP sp / VR vr\nSee: Guidance for special measures to support Hong Kong residents to come to Canada\nMandatory\nHK Special Measure – Dependant\nAccompanying dependant on HK Special Measures; valid to head of family’s permit / Personne à charge accompagnant un demandeur sous les mesures spéciales pour les résidents de HK; valide pour la durée du permis du chef de famille\nWP wp / SP sp / VR vr\nSee: Guidance for special measures to support Hong Kong residents to come to Canada\nMandatory", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 3 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Public Policy – 120-day work permit exemption for researchers\nAuthorized to work in Canada as a researcher for 120 days / autorisé à travailler au Canada à titre de chercheur pendant 120 jours\nVR vr\nSee: 120-day work permit exemption for researchers – Public policy: International Mobility Program\nMandatory\nPublic Policy – 15-day Short-term work permit exemption\nAuthorized to work for 15 days for listed employer. Cannot be used again for 6 months / Autorisé à travailler pendant 15 jours pour l’employeur mentionné. Ne peut pas être réutilisé avant 6 mois\nVR vr\nSee: Short-term high skilled work of 15 or 30 days – Public policy: International Mobility Program\nMandatory\nPublic Policy – 30-day Short-term work permit exemption\nAuthorized to work for 30 days for listed employer. Cannot be used again for 6 months / Autorisé à travailler pendant 30 jours pour l’employeur mentionné. Ne peut pas être réutilisé avant 6 mois\nVR vr\nSee: Short-term high skilled work of 15 or 30 days – Public policy: International Mobility Program\nMandatory\nStudy Permits – Joint study programs involving more than one institution\n[name of the secondary/other DLI / nom de l’EED secondaire/autre]\nSP sp\nSee: Study permits: Letters of acceptance (LOAs)\nNote: The name of the DLI is not required to be bilingual.\nIf the DLI has a bilingual name (eg. University of Ottawa / Université d’Ottawa), it is recommended to include both formal names\nMandatory\nDocument Validity – limited to passport\nDocument issued to end of passport validity. Must renew for further extension / Document délivré jusqu’à l’expiration du passeport. Renouvellement nécessaire pour une prolongation supplémentaire\nWP wp / SP sp / VR vr", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 4 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: If this notation exists in the User remarks field or in the Notes tab, the applicant may apply for an extension upon the renewal of their passport to receive the full validity of their document\nMandatory\nVisiting Forces Act – FN studying in Canada for 6+ months under the Visiting Forces Act (VFA) or who apply to study using a VR\nStudy permit exempt under paragraph R188(1)(b) / Dispense de l’obligation d’obtenir un permis d’étude en vertu de l’alinéa R188(1)b)\nVR vr\nSee: Study permits: Who needs a study permit\nMandatory\nMaintained Status – R183(5)\nStatus maintained as per R183(5) / Statut conservé en vertu du paragraphe R183(5)\nWP wp / SP sp / VR vr\nSee: Temporary residents: Maintained status during processing (previously called implied status)\nMandatory\nTemporary Resident Permit (TRP) Holder\nTRP Holder / Titulaire d’un PST\nWP wp / SP sp / VR vr\nSee (work permits): Humanitarian reasons [R208 – H81 and H82] – International Mobility Program\nMandatory\nRegulated or Certified Occupations – Work permit approved prior to completion of training or work activity\nR185(b)(iv) – Authorized to work when appropriate government certification/licence is received or by: / Autorisé à travailler lorsque l’accréditation/permis du gouvernement approprié est reçue ou au plus tard le: [Date]\nWP wp\nSee: Regulated or certified occupations – Processing of work permit applications\nMandatory\nAgricultural Worker – SAWP (CC or MEX)\nValid to work for MEX/CCSAWP employer. Period of cumulative work cannot exceed LMIA duration (8 months) / Valide pour travailler pour un employeur du PTASAC/MEX. La période de travail cumulée ne peut excéder la durée de l’EIMT (8 mois)\nWP wp\nSee: Seasonal Agricultural Worker Program (SAWP) – Temporary Foreign Worker Program\nMandatory\nSeafood-processing Workers", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 5 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As per R185(b)(iv), authorized accumulated work not to exceed 270 days between: / Conformément à R185b)(iv), travail accumulé autorisé ne devant pas excéder 270 jours entre le: [startDate – endDate / dateDébut – dateFin ]\nWP wp\nMust be used where the period is specified by ESDC, for example:\n“Seasonal term of employment not to exceed 6 months in duration with work beginning no earlier than 2021-05-01 and ending no later than 2021-11-01\"\nExample user remark for the work permit:\n“As per R185(b)(iv), authorized accumulated work not to exceed 270 days between: / Conformément à R185b)(iv), travail accumulé autorisé ne devant pas excéder 270 jours entre le: 2021/05/01 – 2021/11/01”\nSee: Seafood and fish plant workers (low-wage cap exempt) – Temporary Foreign Worker Program\nMandatory\nLMIA Exemption Code R206(1)(a) – S61: Refugee Claimants with no other means of support\nThis permit does not confer temporary resident status as per section 202 of IRPR / Ce permis ne confère pas le statut de résident temporaire selon l’article 202 du RIPR\nWP wp\nSee: Applicants with no other means of support [R206 – S61 and S62] – International Mobility Program\nMandatory\nLMIA Exemption Code R206(1)(b) – S62: Refugee Claimants with no other means of support\nUnenforceable removal order. This permit does not confer temporary resident status as per R202 / Mesure de renvoi qui ne peut être exécutée. Ce permis ne confère pas le statut de résident temporaire selon R202\nWP wp\nSee: Applicants with no other means of support [R206 – S61 and S62] – International Mobility Program\nMandatory\nTR to PR Pathway – Principal Applicant\nTRPR pathway application pending decision / Demande au titre de la voie d’accès RTRP en attente d’une décision\nWP wp", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 6 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "See: Public policy: Open work permits for applicants under the temporary resident to permanent resident pathway\nMandatory\nTR to PR Pathway – Family Member\nTRPR pathway application pending decision: family member / Demande au titre de la voie d’accès RT RP en attente d’une décision : membre de la famille\nWP wp\nSee: Public policy: Open work permits for applicants under the temporary resident to permanent resident pathway\nMandatory\nH1-B Visa Holders – WP issued for less than 3 years due to passport validity\nValid for a maximum of 3 years or up to passport/travel document validity, whichever is first / Valide pour une période maximale de 3 ans ou jusqu’à l’expiration du passeport ou du titre de voyage, selon la première des éventualités\nWP wp\nPDI: Open work permits for H-1B visa holders and their family members\nMandatory\nClosed WP – Location of Work: No Restrictions\nAuthorized to work at the various locations across Canada / Autorisé à travailler dans différents emplacements au Canada\nWP wp\nClosed work permits restricted to one location or work site do not require this user remark\nSee: Conditions and validity period on work permits (temporary workers)\nMandatory\nLocation of Work – City: Multiple sites across one city\nAuthorized to work at multiple sites across listed city. New WP if location to change permanently / Autorisé à travailler sur plusieurs sites dans la ville répertoriée. Nouveau PT si l'emplacement change de façon permanente\nWP wp\nClosed work permits restricted to one location or work site do not require this user remark\nMandatory\nLocation of Work – Province / Territory: Multiple sites across one province", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 7 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Authorized to work at multiple sites across the province. New WP if location to change permanently / Autorisé à travailler sur plusieurs sites à travers la province. Nouveau PT si l'emplacement change de façon permanente\nWP wp\nClosed work permits restricted to one location or work site do not require this user remark\nMandatory\nLocation of Work – Second Location of Work: Alberta (AB)\nSecondary location of work: AB / L’emplacement de travail secondaire: AB\nWP wp\nIf there is more than one location, officers should enter the primary location in the “Province of Destination” field, and select the user remark based on the secondary location\nMandatory\nLocation of Work – Second Location of Work: British Columbia (BC)\nSecondary location of work: BC / L’emplacement de travail secondaire: CB\nWP wp\nIf there is more than one location, officers should enter the primary location in the “Province of Destination” field, and select the user remark based on the secondary location\nMandatory\nLocation of Work – Second Location of Work: Manitoba (MB)\nSecondary location of work: MB / L’emplacement de travail secondaire: MB\nWP wp\nIf there is more than one location, officers should enter the primary location in the “Province of Destination” field, and select the user remark based on the secondary location\nMandatory\nLocation of Work – Second Location of Work: New Brunswick (NB)\nSecondary location of work: NB / L’emplacement de travail secondaire: NB\nWP wp\nIf there is more than one location, officers should enter the primary location in the “Province of Destination” field, and select the user remark based on the secondary location\nMandatory\nLocation of Work – Second Location of Work: Nova Scotia (NS)\nSecondary location of work: NS / L’emplacement de travail secondaire: NÉ\nWP wp", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 8 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p9", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If there is more than one location, officers should enter the primary location in the “Province of Destination” field, and select the user remark based on the secondary location\nMandatory\nLocation of Work – Second Location of Work: Ontario (ON)\nSecondary location of work: ON / L’emplacement de travail secondaire: ON\nWP wp\nIf there is more than one location, officers should enter the primary location in the “Province of Destination” field, and select the user remark based on the secondary location\nMandatory\nLocation of Work – Second Location of Work: Quebec (QC)\nSecondary location of work: QC / L’emplacement de travail secondaire: QC\nWP wp\nIf there is more than one location, officers should enter the primary location in the “Province of Destination” field, and select the user remark based on the secondary location\nMandatory\nLocation of Work – Second Location of Work: Saskatchewan (SK)\nSecondary location of work: SK / L’emplacement de travail secondaire: SK\nWP wp\nIf there is more than one location, officers should enter the primary location in the “Province of Destination” field, and select the user remark based on the secondary location\nMandatory\nLocation of Work – Second Location of Work: Newfoundland and Labrador (NL)\nSecondary location of work: NL / L’emplacement de travail secondaire: TNL\nWP wp\nIf there is more than one location, officers should enter the primary location in the “Province of Destination” field, and select the user remark based on the secondary location\nMandatory\nLocation of Work – Second Location of Work: Prince Edward Island (PE)\nSecondary location of work: PEI / L’emplacement de travail secondaire: ÎPE\nWP wp", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 9 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p10", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If there is more than one location, officers should enter the primary location in the “Province of Destination” field, and select the user remark based on the secondary location\nMandatory\nLocation of Work – Second Location of Work: Nunavut (NU)\nSecondary location of work: NU / L’emplacement de travail secondaire: NU\nWP wp\nIf there is more than one location, officers should enter the primary location in the “Province of Destination” field, and select the user remark based on the secondary location\nMandatory\nLocation of Work – Second Location of Work: Northwest Territories (NT)\nSecondary location of work: NWT / L’emplacement de travail secondaire: TNO\nWP wp\nIf there is more than one location, officers should enter the primary location in the “Province of Destination” field, and select the user remark based on the secondary location\nMandatory\nLocation of Work – Second Location of Work: Yukon (YT)\nSecondary location of work: YT / L’emplacement de travail secondaire: YT\nWP wp\nIf there is more than one location, officers should enter the primary location in the “Province of Destination” field, and select the user remark based on the secondary location\nMandatory\nAlberta Pilot for occupation-specific LMO-exempt work permits\nThis WP application is in relation to the Province of Alberta Occupation-Specific Pilot Project / Cette demande de PT est présentée dans le cadre du projet pilote de PT liés à une profession donnée en Alberta (BO 279-E)\nWP wp\nSee: Temporary Foreign Worker Program: Special initiatives and pilot projects – Alberta pilot for occupation-specific, LMO-exempt work permits\nMandatory\nLMIA Exemption R204(c) – T13: Significant Investment Project in British Columbia (BC)\nCanada-BC – Significant Investment Project / Canada-C.-B.-Projet d’investissement important\nWP wp", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 10 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p11", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "See: Significant Investment Project\nMandatory\nIntra-Company Transferees (C61/C62/C63) – Maximum allowed for recapture\nNo recaptured time may subsequently be requested for any time not worked during the extension period / Ne peut subséquemment demander la récupération de tout temps passé sans travailler pendant le prolongation\nWP wp\nSee: International Mobility Program: Canadian interests – Significant benefit – Intra-company transferees – General requirements [R205(a)] (exemption codes C61, C62, C63)\nMandatory\nFoster Parents – Work Permit\nMust be primarily engaged in foster parent duties (NOC 44100 under NOC 2021) / Doit exécuter principalement des tâches de parent de famille d’accueil (code 44100 de la CNP de 2021)\nWP wp\nSee: Refusal to process work permit applications for caregivers where the LMIA application was received under the Temporary Foreign Worker Program\nMandatory\nHousekeepers – Work Permit\nMust be primarily engaged in housekeeper duties (NOC 65310 under NOC 2021) / Doit exécuter principalement des tâches d’aide ménager d’accueil (code 65310 de la CNP de 2021)\nWP wp\nSee: Refusal to process work permit applications for caregivers where the LMIA application was received under the Temporary Foreign Worker Program\nMandatory\nDFATD – Applicants seeking accreditation of immediate members of the family of foreign representatives\nAccredited by the DFATD at time of work permit issuance / Accrédité par le MAECD au moment de la délivrance du permis de travail\nWP wp\nSee: International Mobility Program: Criteria for applicants seeking accreditation of immediate members of the family of foreign representatives\nMandatory\nC41 Spouse of a high-skilled worker or\nC46 Child of a high-skilled worker", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 11 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p12", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Authorized to work as per applicable labour laws / Autorisé à travailler conformément aux lois sur le travail applicables\nWP wp\nSee: Family members of foreign nationals authorized to work in high-skilled occupations (TEER 0, 1, 2 or 3) - [R205(c)(ii) – C41 and C46] – Canadian interest – International Mobility Program (IMP)\nMandatory\nC42 Spouse or common-law partner of a full-time student\nAuthorized to work as per applicable labour laws / Autorisé à travailler conformément aux lois sur le travail applicables\nWP wp\nSee: Spouses or common-law partners of study permit holders – [R205(c)(ii) – C42 – Canadian interest – International Mobility Program (IMP)\nMandatory\nC47 Spouse of low-skilled worker or\nC48 Child of a low-skilled worker\nAuthorized to work as per applicable labour laws / Autorisé à travailler conformément aux lois sur le travail applicables\nWP wp\nSee: Family members of foreign nationals authorized to work in low-skilled occupations (TEER 4 or 5) [R205(c)(ii) – C47 and C48] – Canadian interest – International Mobility Program (IMP)\nMandatory\nC49 Family Member of an economic PR applicant\nAuthorized to work as per applicable labour laws / Autorisé à travailler conformément aux lois sur le travail applicables\nWP wp\nSee: Family members of work permit holders who are Economic Class permanent resident applicants [R205(c)(ii) - C49] -Canadian interest - International Mobility Program\nMandatory\nLMIA Exemption R205(a) – A75: Yukon Community Pilot (YCP)\nA75 – May not engage in employment outside of the province of YT territory as stated within the statement of support from YT / Ne peut pas occuper de poste à l’extérieur de la province de YT, comme le mentionne la lettre d’appui du YT\nWP wp", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 12 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p13", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "See: Yukon Community Pilot – Open work permits (R205(a) - A75): International Mobility Program\nMandatory\nLMIA Exemption R205(a) – A75: APR Stage 2 Approval – HCCPP or HSWP\nPending APR stage-2 approval / En attente de l’approbation à l’étape 2 de la DRP / Programme pilote des aides familiaux\nWP wp\nSee: Bridging open work permits for certain economic class permanent residence applicants [R205(a) - A75] – International Mobility Program\nMandatory\nLMIA Exemption R205(c)(i) – C32: Student CO-OP Post-secondary\nC32 – only for work forming integral part of course per DLI; cannot exceed 50% of total program / R205c)(i); uniquement pour le travail faisant partie intégrante du cours selon l’EED; ne peut pas dépasser 50 % du programme total\nWP wp\nThe bilingual remark replaces the user remark instructions from: Work related to a research, educational or training program – exemption codes C31, C32 and C33 (International Mobility Program)\nMandatory\nLMIA Exemption R205(a) – C11: Foreign Freelance Horse Jockeys (British Columbia, Alberta, Saskatchewan and Manitoba)\nAuthorized to work as a horse-racing jockey in the provinces of BC, AB, SK and MB / Autorisé à travailler comme jockey de courses de chevaux dans les provinces de la CB, AB, SK, et MB\nWP wp\nSee: Foreign freelance horse jockeys [R205(a) – C11] – Unique work situations – International Mobility Program (IMP)\nMandatory\nLMIA Exemption R205(a) – C11: Foreign Freelance Horse Jockeys (Ontario)\nAuthorized to work as a horse-racing jockey in the province of ON. First race must be a stakes race / Autorisé à travailler comme jockey de courses de chevaux dans la province de ON. La première course doit être une course stake\nWP wp", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 13 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p14", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "See: Foreign freelance horse jockeys [R205(a) – C11] – Unique work situations – International Mobility Program (IMP)\nMandatory\nLMIA Exemption R205(a) – A74: Spouse or common-law partner in Canada to apply in Canada\nPending SCLPC APR / DRP ECFC en attente\nWP wp\nSee: Public policy for spouse or common-law partner in Canada (SCLPC) class or family class applicants to apply in Canada [R205(a) – A74] – International Mobility Program (IMP)\nMandatory\nLMIA Exemption R205(a) – A74: Family class applicants to apply in Canada\nPending FC APR / DRP RF en attente\nWP wp\nSee: Public policy for spouse or common-law partner in Canada (SCLPC) class or family class applicants to apply in Canada [R205(a) – A74] – International Mobility Program (IMP)\nMandatory\nLMIA Exemption R205(a) – A74: Dependent children of family class applicants\nAuthorized to work as per applicable Canadian federal, provincial and territorial labour laws / Autorisé à travailler conformément aux lois fédérales, provinces et territoriales sur le travail au Canada\nWP wp\nSee: Public policy for spouse or common-law partner in Canada (SCLPC) class or family class applicants to apply in Canada [R205(a) – A74] – International Mobility Program (IMP)\nMandatory\nLMIA Exemption R204(c) – T10: OWP for candidates who have received a Quebec notice of intent to select\nAuthorized to work anywhere in the province of Quebec as per applicable labour laws / Autorisé à travailler n’importe où dans la province de Québec conformément aux lois sur le travail\nWP wp\nSee: Quebec investors: Issuance of open work permits to candidates who have received a Quebec notice of intent to select – [R204(c) – T10] – International Mobility Program (IMP)\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(a)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 14 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p15", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Work permit exempt per R186(a): Business visitor / Permis de travail exempté en vertu du R186(a) : Visiteur commercial\nVR vr\nSee: R187 for entry criteria for business visitors\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(b)\nWork permit exempt per R186(b): Foreign representatives / Permis de travail exempté en vertu du R186(b) : Représentants de gouvernements étrangers\nVR vr\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(c)\nWork permit exempt per R186(c): Family member of foreign representative / Permis de travail exempté en vertu du R186(c) : Membre de la famille des représentants de gouvernements étrangers\nVR vr\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(d)\nWork permit exempt per R186(d): Military personnel / Permis de travail exempté en vertu du R186(d) : Personnel militaire\nVR vr\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(e)\nWork permit exempt per R186(e): Foreign government officer / Permis de travail exempté en vertu du R186(e) : Employés de gouvernements étrangers\nVR vr\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(f)\nWork permit exempt per R186(f): On-campus employment / Permis de travail exempté en vertu du R186(f) : Emplois sur le campus\nVR vr\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(g)\nWork permit exempt per R186(g): Performing artists / Permis de travail exempté en vertu du R186(g) : Artistes de spectacle\nVR vr\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(h)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 15 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p16", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Work permit exempt per R186(h): Athletes and/or team members / Permis de travail exempté en vertu du R186(h) : Athlètes et/ou membres d’une équipe\nVR vr\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(i)\nWork permit exempt per R186(i): News reporters, correspondents, and media crew / Permis de travail exempté en vertu du R186(i) : Correspondants de presse, journalistes et membre des médias\nVR vr\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(j)\nWork permit exempt per R186(j): Public speaker / Permis de travail exempté en vertu du R186(j) : Conférencier\nVR vr\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(k)\nWork permit exempt per R186(k): Convention organizers / Permis de travail exempté en vertu du R186(k) : Organisateurs de congrès\nVR vr\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(l)\nWork permit exempt per R186(l): Religious leader / Permis de travail exempté en vertu du R186(l) : Chef religieux\nVR vr\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(m)\nWork permit exempt per R186(m): Judges, referees and similar officials / Permis de travail exempté en vertu du R186(m) : Juges, arbitres et officiels chargés de fonctions similaires\nVR vr\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(n)\nWork permit exempt per R186(n): Examiners and evaluators / Permis de travail exempté en vertu du R186(n) : Examinateurs et évaluateurs\nVR vr\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(o)\nWork permit exempt per R186(o): Expert witnesses and/or investigators / Permis de travail exempté en vertu du R186(o) : Témoins experts et/ou enquêteurs", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 16 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p17", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "VR vr\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(p)\nWork permit exempt per R186(p): Short-term students in a foreign health care program / Permis de travail exempté en vertu du R186(p) : Étudiants inscrits à un programme étranger de courte durée en soins de santé\nVR vr\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(q)\nWork permit exempt per R186(q): Civil aviation inspector / Permis de travail exempté en vertu du R186(q) : Inspecteurs de l’aviation civile\nVR vr\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(r)\nWork permit exempt per R186(r): Aviation accident or incident investigator / Permis de travail exempté en vertu du R186(r) : Enquêteurs d’accidents et d’incidents aériens\nVR vr\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(s)\nWork permit exempt per R186(s): Crew member / Permis de travail exempté en vertu du R186(s) : Membres d’équipage\nVR vr\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(t)\nWork permit exempt per R186(t): Emergency service provider / Permis de travail exempté en vertu du R186(t) : Services d’urgence\nVR vr\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(u)\nWork permit exempt per R186(u): Pending decision on work permit renewal / Permis de travail exempté en vertu du R186(u) : En attente d’une décision sur le renouvellement d’un permis de travail\nVR vr\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(v)\nWork permit exempt per R186(v): Off-campus work / Permis de travail exempté en vertu du R186(v) : Travail hors campus\nVR vr\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(w)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 17 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p18", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Work permit exempt per R186(w): Transition to work permit / Permis de travail exempté en vertu du R186(w) : Transition vers un permis de travail\nVR vr\nMandatory\nInternational Mobility Program (IMP) – Work permit exemption: R186(x)\nWork permit exempt per R186(x): Registered Indians / Permis de travail exempté en vertu du R186(x) : Indiens inscrits\nVR vr\nMandatory\nPOE only : A36 – Deemed Rehabilitation\nDeemed rehabilitation under A36(2)(b) / réhabilitation présumée aux termes de l’alinéa A36(2)(b)\nVR vr\nAccompanying Dependant\nAccompanying Dependant – Spouse / Common-law Partner (CLP) in Canada on Visitor Record (VR) under an R186 Work Permit Exemption\nAccompanying spouse/common-law partner on a valid visitor record under R186; document issued to the same date / Époux/conjoint de fait accompagnant le demandeur détenant une fiche de visiteur valide; document délivré à la même date\nWP wp / SP sp / VR vr\nR186 exemptions that do not qualify for a work permit based on spouse/common-law partner’s R186 visitor record:\nR186(f)\nR186(v)\nR186(w)\nAccompanying Dependant\nAccompanying Dependant – Spouse / Common-law Partner (CLP) in Canada on a Study Permit (SP)\nAccompanying spouse/common-law partner on a valid study permit; document issued to the same date / Époux/conjoint de fait accompagnant le demandeur détenant un permis d'étude valide; document délivré à la même date\nWP wp / SP sp / VR vr\nAccompanying Dependant\nAccompanying Dependant – Spouse / Common-law Partner (CLP) in Canada on a Work Permit (WP)\nAccompanying spouse/common-law partner on a valid work permit; document issued to the same date / Époux/conjoint de fait accompagnant le demandeur détenant un permis de travail valide; document délivré à la même date\nWP wp / SP sp / VR vr\nAccompanying Dependant", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 18 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p19", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Parent accompanying the child\nAccompanying parent/guardian of a dependent child attending school in Canada / Parent/tuteur accompagnant un enfant à charge qui fréquente une école au Canada\nVR vr\nAccompanying Dependant\nAccompanying Dependant Child\nA30(2) Minor. Authorized to study at pre-school, primary, and/or secondary level. Validity same as parent’s permit / L30(2) Mineur. Autorisé à étudier au niveau préscolaire, primaire et/ou secondaire. Validité identique au permis parental\nSP sp / VR vr\nApplicable to dependant accompanying the parent on study/work permit.\nSee: A30(2)\nAccompanying Dependant\nCustodianship Required\nMinor on study permit, must have a custodian / Mineur avec permis d’études, doit avoir un tuteur\nSP sp / VR vr\nAgriculture\nGeneric\nAgriculture Stream / Volet agricole\nWP wp\nAgriculture\nSAWP (8 months)\nValid to work for SAWP employer. Period of cumulative work cannot exceed LMIA duration (8 months) / Valide pour travailler pour un employeur du PTAS. La période de travail cumulée ne peut excéder la durée de l’EIMT (8 mois)\nWP wp\nCitizenship\nCitizenship application in process\nEligible for citizenship through descent. VR issued while application in progress. No restrictions / Admissible à la citoyenneté par filiation. FV délivrée pendant que la demande est en traitement. Aucune restriction\nVR vr\nDocument Correction\nDocument Correction – Visitor Record\nDocument correction. This replaces previous visitor record / Correction du document. Il remplace la fiche du visiteur précédent\nVR vr\nDocument Correction\nDocument Correction – Study Permit\nDocument correction. This replaces previous study permit / Correction du document. Il remplace le permis d’étude précédent\nSP sp\nDocument Correction\nDocument Correction – Work Permit", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 19 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p20", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Document correction. This replaces previous work permit / Correction du document. Il remplace le permis de travail précédent\nWP wp\nDocument Extension\nExtension requirement\nAll extensions or changes of status should be applied for before this document expires / Toutes les prolongations ou tous les changements de statut doivent être demandés avant l’expiration de ce document\nWP wp / SP sp / VR vr\nDocument Extension\nExtension not eligible\nNot eligible for extensions / Non admissible à une prolongation\nWP wp / SP sp / VR vr\nDocument Validity\nTRV\nDocument issued to TRV expiry date / Document délivré jusqu’à la date d’expiration du VRT\nWP wp / SP sp / VR vr\nDocument Validity\neTA\nDocument issued to eTA expiry date / Document délivré jusqu’à la date d’expiration de l’AVE\nWP wp / SP sp / VR vr\nDocument Validity\nGeneral Validity\n[# months to issue from date of entry / # mois à délivré de la date d’arrivée] M\nWP wp / SP sp / VR vr\nE.g. “24M”\nDocument Validity (WP)\nCAQ (WP)\nCAQ is valid for the following number of months from date of entry: / CAQ valide pour ce nombre de mois à compter de la date d’entrée: [# months / # mois ]\nWP wp\nEg. “CAQ is valid for the following number of months from date of entry: / CAQ valide pour ce nombre de mois à compter de la date d’entrée: 12M“\nLocation Restriction\nMultiple\nAuthorized to work at multiple sites across listed location. New WP if location to change permanently / Autorisé à travailler sur plusieurs sites dans les emplacements répertoriés. Nouveau PT si l'emplacement change de façon permanente\nWP wp\nMaintained Status\nR183(6)\nTemporary Resident Status maintained per R183(6) / Statut de résident temporaire maintenu conformément au R183(6)\nWP wp / SP sp / VR vr\nMaintained Status\nNot in status", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 20 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p21", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Not in status; can remain as visitor pending decision. Cannot work/study without valid permit / Pas de statut; peut rester en tant que visiteur en attendant qu’une décision soit prise. Ne peut pas travailler/étudier sans permis valide\nVR vr\nRestoration of Status\nR182\nTemporary resident status restored as per R182 / Statut de Résident Temporaire Rétabli selon R182\nWP wp / SP sp / VR vr\nMedical\nMedical Examination – 30 days\nMust undergo immigration medical examination within 30 days. Forms have been sent separately / Doit subir un examen médical d'immigration dans les 30 jours. Le formulaire de rapport médical a été expédié séparément\nWP wp / SP sp / VR vr\nMedical\nNo Condition\nNo medical restriction. Authorized to work with vulnerable persons/childcare/healthcare/education / Aucune restriction médicale. Autorisé à travailler auprès des personnes vulnérables, en garderie, dans les soins de santé, en éducation\nWP wp\nMedical\nPG-1 Requirements Not Met\nClient not in possession of required health insurance for Supervisa – issued for 6 months / Le client n'est pas en possession de l'assurance maladie requise pour le Supervisa – délivrée pour 6 mois\nVR vr\nMedical\nMedicals required to extend stay beyond 6 months\nImmigration medical examination required to extend your stay beyond permit validity / Examen médical aux fins de l’immigration exigé pour prolonger votre séjour au-delà de la durée de validité du permis\nVR vr\nMedical\nHealth Insurance\nMust have health insurance for duration of permit / Doit avoir une assurance-maladie pendant la durée du permis.\nWP wp / SP sp / VR vr\nMedical\nNo Canadian Health Coverage\nClient not eligible for provincial/territorial health coverage / Client non admissible à la couverture de l’assurance-maladie provinciale/territoriale\nWP wp / SP sp / VR vr", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 21 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p22", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Temporary Resident Permit (TRP)\nMedicals required\nTRP holder > 6 months. Must undergo immigration medical examination within 6 months / Titulaire d’un PST de plus de 6 mois. Doit subir un examen médical aux fins de l’immigration dans les 6 mois\nWP wp / SP sp\nTransport Employee\nVessel Employee\nAuthorized to work aboard a vessel for the listed employer, offshore of the listed employment location / Autorisé à travailler à bord d’un navire pour l’employeur mentionné, au large du lieu de travail indiqué\nWP wp\nTransport Employee\nVessel Employee Daylight hours\nR185(b)(iv): Only authorized to work during daylight hours in Canadian waters. / R185b)(iv) : Autorisé uniquement à travailler pendant les heures de jour dans les eaux canadiennes\nWP wp\nOther Generic Situations\nVisitor Record Relinquishment\nMust furnish proof of compliance to CBSA on or before expiry of visitor record / Doit fournir une preuve de conformité à l’ASFC au plus tard à l’expiration de la fiche de visiteur\nVR vr\nOther Generic Situations\nDeparture Facilitation\nClient's requested date of stay has passed. Document issued for 1 month to facilitate departure / Date de fin de séjour demandé par le client dépassée. Document délivré pour 1 mois pour faciliter le départ\nVR vr\nOther Generic Situations\nStudy Permit Exemption\nDuration of studies less than 6 months, study permit not required / Durée des études inférieure à 6 mois, permis d’études non requis\nVR vr\nStudents\nShort term language course – ESL\nAuthorized to attend language ESL courses less than 6 months in length / Autorisé à suivre des cours de langue ALS pendant moins de 6 mois\nSP sp\nStudents\nShort term language course – FSL", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 22 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p23", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Authorized to attend language FSL courses less than 6 months in length / Autorisé à suivre des cours de langue FLS pendant moins de 6 mois\nSP sp\nStudents\nDeferred Studies\nStudies deferred / Études reportées\nSP sp\nStudents\nExchange Student\nApplicant part of a university-wide exchange program for international undergraduate/graduate students / Demandeur faisant partie d’un programme d’échange universitaire pour étudiants étrangers de premier cycle et des cycles supérieurs\nSP sp\nStudents\nConditional LOA – Limited Validity\nClient may re-apply if they meet the conditions on their LOA for main program / Le client peut présenter une nouvelle demande s’il respecte les conditions de sa lettre d’acceptation pour le programme principal\nSP sp\nStudents\nConditional LOA – one year\nMust apply for extension online after successful completion of first year / Doit demander une prolongation en ligne après avoir terminé avec succès la première année\nSP sp\nOther Generic Situations\nInternship\nAttending internship. Only work & education related to internship permitted / Participe à un stage. Seuls le travail et les études liés au stage sont autorisés\nVR vr\nOther Generic Situations\nRelease Order – Alberta (AB)\nR185(d) – Prohibited from travelling outside of AB. must comply with court of justice release order / R185d) – Interdit de voyager à l’extérieur de AB. doit se conformer à l’ordonnance de mise en liberté de la cour de justice\nVR vr\nOther Generic Situations\nRelease Order – British Columbia (BC)\nR185(d) – Prohibited from travelling outside of BC. must comply with court of justice release order / R185d) – Interdit de voyager à l’extérieur de CB. doit se conformer à l’ordonnance de mise en liberté de la cour de justice\nVR vr\nOther Generic Situations\nRelease Order – Manitoba (MB)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 23 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p24", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "R185(d) – Prohibited from travelling outside of MB. must comply with court of justice release order / R185d) – Interdit de voyager à l’extérieur de MB. doit se conformer à l’ordonnance de mise en liberté de la cour de justice\nVR vr\nOther Generic Situations\nRelease Order – New Brunswick (NB)\nR185(d) – Prohibited from travelling outside of NB. must comply with court of justice release order / R185d) – Interdit de voyager à l’extérieur de NB. doit se conformer à l’ordonnance de mise en liberté de la cour de justice\nVR vr\nOther Generic Situations\nRelease Order – Nova Scotia (NS)\nR185(d) – Prohibited from travelling outside of NS. must comply with court of justice release order / R185d) – Interdit de voyager à l’extérieur de NÉ. doit se conformer à l’ordonnance de mise en liberté de la cour de justice\nVR vr\nOther Generic Situations\nRelease Order – Ontario (ON)\nR185(d) – Prohibited from travelling outside of ON. must comply with court of justice release order / R185d) – Interdit de voyager à l’extérieur de ON. doit se conformer à l’ordonnance de mise en liberté de la cour de justice\nVR vr\nOther Generic Situations\nRelease Order – Quebec (QC)\nR185(d) – Prohibited from travelling outside of QC. must comply with court of justice release order / R185d) – Interdit de voyager à l’extérieur de QC. doit se conformer à l’ordonnance de mise en liberté de la cour de justice\nVR vr\nOther Generic Situations\nRelease Order – Saskatchewan (SK)\nR185(d) – Prohibited from travelling outside of SK. must comply with court of justice release order / R185d) – Interdit de voyager à l’extérieur de SK. doit se conformer à l’ordonnance de mise en liberté de la cour de justice\nVR vr\nOther Generic Situations\nRelease Order – Newfoundland and Labrador (NL)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 24 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p25", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "R185(d) – Prohibited from travelling outside of NL. must comply with court of justice release order / R185d) – Interdit de voyager à l’extérieur de TNL. doit se conformer à l’ordonnance de mise en liberté de la cour de justice\nVR vr\nOther Generic Situations\nRelease Order – Prince Edward Island (PE)\nR185(d) – Prohibited from travelling outside of PEI. must comply with court of justice release order / R185d) – Interdit de voyager à l’extérieur de ÎPE. doit se conformer à l’ordonnance de mise en liberté de la cour de justice\nVR vr\nOther Generic Situations\nRelease Order – Nunavut (NU)\nR185(d) – Prohibited from travelling outside of NU. must comply with court of justice release order / R185d) – Interdit de voyager à l’extérieur de NU. doit se conformer à l’ordonnance de mise en liberté de la cour de justice\nVR vr\nOther Generic Situations\nRelease Order – Northwest Territories (NT)\nR185(d) – Prohibited from travelling outside of NWT. must comply with court of justice release order / R185d) – Interdit de voyager à l’extérieur de TNO. doit se conformer à l’ordonnance de mise en liberté de la cour de justice\nVR vr\nOther Generic Situations\nRelease Order – Yukon (YT)\nR185(d) – Prohibited from travelling outside of YT. must comply with court of justice release order / R185d) – Interdit de voyager à l’extérieur de YT. doit se conformer à l’ordonnance de mise en liberté de la cour de justice\nVR vr\nOther Generic Situations\nTransit to Alaska\nMust surrender this document to CBSA on exit. Must transit & exit to Alaska by the most direct route / Doit remettre ce document à l’ASFC au moment du départ. Doit faire escale et quitter vers l’Alaska par la route la plus directe\nVR vr\nPermanent residence applicants in Canada\nHome Child Care Provider Pilot (HCCPP)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 25 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p26", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "APR Pending. May not work in QC. May only work in the HCCPP (NOC 4411/44100) / DRP en attente. Ne peut pas travailler au QC. Peut travailler uniquement dans le cadre du PPGEMF (code 4411/44100 de la CNP)\nWP wp\nPermanent residence applicants in Canada\nHome Support Worker Pilot (HSWP)\nAPR pending. May not work in QC. May only work in HSWP (NOC 4412/44101) / DRP en attente. Ne peut pas travailler au QC. Peut travailler uniquement dans le cadre du PPAFD (code 4412/44101 de la CNP)\nWP wp\nPermanent residence applicants in Canada\nGeneric\nApplication for permanent residence pending / Demande de résidence permanente en attente\nWP wp\nPermanent residence applicants in Canada\nCOPR Pending\nApplication for permanent residence approved, pending COPR for finalization / Demande de résidence permanente approuvée, en attente de la finalisation de la CDRP\nWP wp\nPermanent residence applicants in Canada\nProvincial Nominee Program (PNP)\nProvincial Nominee Program, Provincial Nomination Certificate valid / Programme des candidats de la province, certificat de désignation provinciale valide\nWP wp\nPermanent residence applicants in Canada\nAtlantic Immigration Program (AIP)\nAtlantic Immigration Program with valid endorsement / Programme d’immigration au Canada atlantique avec approbation valide\nWP wp\nPermanent residence applicants in Canada\nPermanent residence applicants in Canada\nA70 – Permanent residence applicants in Canada / L70 – Demandeurs/demanderesses de résidence permanente au Canada\nWP wp\nProfessional Sports\nAthlete or personnel – permit validity to sports season\nUnder contract with listed employer. Work permit not to exceed duration specified in the contract / Sous contrat avec l’employeur mentionné. Le permis de travail ne doit pas dépasser la durée spécifiée dans le contrat\nWP wp", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 26 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p27", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Professional Sports\nAthlete or personnel – authorized work outside of sports season\nUnder contract with listed employer; able to work for any employer during off season / Sous contrat avec l’employeur mentionné; peut travailler pour n’importe quel employeur hors saison\nWP wp\nPurpose of Visit\nTourism\nEntering for tourism / Admission pour le tourisme\nVR vr\nPurpose of Visit\nFamily Visit\nEntering to visit family / Admission pour rendre visite à la famille\nVR vr\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – T11\nT11 – LMIA exempt: Canada–International Non-Trade Agreements / Exempté de l’ÉIMT en vertu des Accords non commerciaux Canada-international\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – T25\nT25 – LMIA exempt: Colombia – Spouse / Exempté de l’EIMT : Colombie – Époux\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – T33\nT33 – LMIA exempt: GATS professional / Exempté de l’EIMT : Professionnel de l’AGCS\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – T34\nT34 – LMIA exempt: CUSMA Trader / Exempté de l’EIMT : ACEUM Négociant\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – T35\nT35 – LMIA exempt: CUSMA Investor / Exempté de l’EIMT : ACEUM Investisseur\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – T36\nT36 – LMIA exempt: CUSMA Professional / Exempté de l’EIMT : ACEUM Professionnel\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – T37", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 27 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p28", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "T37 – LMIA exempt: CUSMA ICT Executive or Senior Manager / Exempté de l’EIMT : ACEUM - PMIS- Cadres de direction et gestionnaires principaux\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – T38\nT38 – LMIA exempt: CUSMA ICT Specialized knowledge / Exempté de l’EIMT : ACEUM - PMIS - Travailleurs qui possèdent des connaissances spécialisées\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – T41\nT41 – LMIA exempt: CETA ICT Specialized knowledge / Exempté de l’EIMT : AECG - PMIS - Travailleurs qui possèdent des connaissances spécialisées\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – T42\nT42 – LMIA exempt: CETA ICT Graduate Trainees / Exempté de l’EIMT : AECG - PMIS - Stagiaires diplômés\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – T43\nT43 – LMIA exempt: CETA Independent professional / Exempté de l’EIMT : AECG Professionnel indépendant\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – T44\nT44 – LMIA exempt: CETA ICT Executives or Senior Manager / Exempté de l’EIMT : AECG PMIS - Cadres de direction et gestionnaires principaux\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – T45\nT45 – LMIA exempt: CETA Spouse of Intra-corporate transferee / Exempté de l’EIMT : AECG - Époux des personnes faisant l'objet d'un transfert temporaire intragroupe\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – T46\nT46 – LMIA exempt: CETA Investor / Exempté de l’EIMT : AECG Investisseur\nWP wp\nLMIA Exemption – International Mobility Program (IMP)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 28 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p29", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "R204(a) Canada-international – T47\nT47 – LMIA exempt: CETA Contractual service supplier / Exempté de l’EIMT : AECG Fournisseur de services contractuels\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – T48\nT48 – LMIA exempt: CETA Engineering technologists and scientific technologists / Exempté de l’EIMT : AECG Technologues en génie et technologues en sciences\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – T50\nT50 – LMIA exempt: CPTPP Investor / Exempté de l’EIMT : PTPGP Investisseurs\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – T51\nT51 – LMIA exempt: CPTPP ICT Executive and Senior Manager / Exempté de l’EIMT : PTPGP PMIS - Cadres de direction et gestionnaires principaux\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – T52\nT52 – LMIA exempt: CPTPP Professional or technician / Exempté de l’EIMT : PTPGP Professionnels et techniciens\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – T53\nT53 – LMIA exempt: CPTPP Spouse / Exempté de l’EIMT : PTPGP Époux\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – T54\nT54 – LMIA exempt: CPTPP ICT Management Trainee / Exempté de l’EIMT : PTPGP - PMIS - Stagiaires en gestion\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – T55\nT55 – LMIA exempt: CPTPP ICT Specialized knowledge / Exempté de l’EIMT : PTPGP - PMIS - Travailleurs qui possèdent des connaissances spécialisées\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F10", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 29 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p30", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "F10 – LMIA exempt: Colombia – Trader / Exempté de l’EIMT : Colombie – Négociants\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F11\nF11 – LMIA exempt: Colombia – Investor / Exempté de l’EIMT : Colombie – Investisseurs\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F12\nF12 – LMIA exempt: Colombia – Professionals or Technicians / Exempté de l’EIMT : Colombie – Professionels ou techniciens\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F13\nF13 – LMIA exempt: Colombia – ICT Executive or Senior Manager / Exempté de l’EIMT : Colombie – PMIS - Cadres de direction et gestionnaires principaux\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F14\nF14 – LMIA exempt: Colombia – ICT Management Trainee / Exempté de l’EIMT : Colombie – PMIS - Stagiaires en gestion\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F15\nF15 – LMIA exempt: Colombia – ICT Specialized knowledge / Exempté de l’EIMT : Colombie – Travailleurs qui possèdent des connaissances spécialisées\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F20\nF20 – LMIA exempt: Chile – Traders / Exempté de l’EIMT : Chili – Négociants\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F21\nF21 – LMIA exempt: Chile – Investors / Exempté de l’EIMT : Chili – Investisseurs\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F22\nF22 – LMIA exempt: Chile – Professionals / Exempté de l’EIMT : Chili - Professionnels\nWP wp", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 30 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p31", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "LMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F23\nF23 – LMIA exempt: Chile – ICT Executive or Snr Manager / Exempté de l’EIMT : Chili - PMIS - Cadres de direction et gestionnaires principaux\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F24\nF24 – LMIA exempt: Chile ICT Specialized knowledge / Exempté de l’EIMT : Chili PMIS - Travailleurs qui possèdent des connaissances spécialisées\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F30\nF30 – LMIA exempt: Korea, South – Traders / Exempté de l’EIMT : Corée du Sud – Négociants\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F31\nF31 – LMIA exempt: Korea, South – Investors / Exempté de l’EIMT : Corée du Sud – Investisseurs\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F32\nF32 – LMIA exempt: Korea, South – Contract Service Suppliers or Independent Professional / Exempté de l’EIMT : Corée du Sud - Fournisseurs de services contractuels et professionnels indépendants\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F33\nF33 – LMIA exempt: Korea, South – ICT Executive or Snr Manager / Exempté de l’EIMT : Corée du Sud - PMIS - Cadres de direction et gestionnaires principaux\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F34\nF34 – LMIA exempt: Korea, South – ICT Management Trainee / Exempté de l’EIMT : Corée du Sud - PMIS - Stagiaires en gestion\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F55", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 31 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p32", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "F35 – LMIA exempt: Korea, South – ICT Specialized knowledge / Exempté de l’EIMT : Corée du Sud - Travailleurs qui possèdent des connaissances spécialisées\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F36\nF36 – LMIA exempt: Korea, South – Spouse / Exempté de l’EIMT : Corée du Sud – Époux\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F42\nF42 – LMIA exempt: Panama – Professionals or Technicians / Exempté de l’EIMT: Panama - Professionnels ou techniciens\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F50\nF50 – LMIA exempt: Peru – Traders / Exempté de l’EIMT : Pérou – Négociants\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F51\nF51 – LMIA exempt: Peru – Investors / Exempté de l’EIMT : Pérou – Investisseurs\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F52\nF52 – LMIA exempt: Peru – Professionals or Technicians / Exempté de l’EIMT : Pérou - Professionnels ou techniciens\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F53\nF53 – LMIA exempt: Peru – ICT Executives or Snr Managers / Exempté de l’EIMT : Pérou - PMIS - Cadres de direction et gestionnaires principaux\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F54\nF54 – LMIA exempt: Peru – ICT – Management Trainees / Exempté de l’EIMT : Pérou - PMIS - Stagiaires en gestion\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F55", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 32 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p33", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "F55 – LMIA exempt: Peru – ICT – Specialized knowledge / Exempté de l’EIMT : Pérou - PMIS - Travailleurs qui possèdent des connaissances spécialisées\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F60\nF60 – LMIA exempt: UK Independent professionals / Exempté de l’EIMT : RU - Professionnels indépendants\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F61\nF61 – LMIA exempt: UK – ICT – Executives or Snr Managers / Exempté de l’EIMT : RU - PMIS- Cadres de direction et gestionnaires\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F62\nF62 – LMIA exempt: UK – ICT – Management Trainees / Exempté de l’EIMT : RU - PMIS - Stagiaires en gestion\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F63\nF63 – LMIA exempt: UK – ICT – Specialized knowledge / Exempté de l’EIMT : RU - PMIS - Travailleurs qui possèdent des connaissances spécialisées\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F64\nF64 – LMIA exempt: UK – Spouses of Intra-corporate transferees / Exempté de l’EIMT : RU - Époux des personnes faisant l'objet d'un transfert temporaire intragroupe\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F65\nF65 – LMIA exempt: UK Investors / Exempté de l’EIMT : RU – Investisseurs\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F66\nF66 – LMIA exempt: UK Contractual service suppliers / Exempté de l’EIMT : RU - Fournisseurs de services contractuels\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(a) Canada-international – F67", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 33 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p34", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "F67 – LMIA exempt: UK Engineering Technologists and Scientific Technologists / Exempté de l’EIMT : RU - Technologues en génie et technologues en sciences\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR204(c) Canada-provincial/territorial – T13 Provincial Nomination\nT13 – LMIA exempt: Nominated by a province for permanent residence / Exempté de l’EIMT : travail pour une personne désignée par une province pour l’octroi de la résidence permanente\nWP wp\nSee: Foreign nationals nominated by a province – Provincial agreements [R204(c) – T13] – Agreements and arrangements – International Mobility Program\nLMIA Exemption – International Mobility Program (IMP)\nR204(c) Canada-provincial/territorial – T13 Investments\nT13 – LMIA exempt: Significant investment projects / Exempté de l’EIMT : Projets d’investissement importants\nWP wp\nSee: Significant Investment Projects – Provincial agreements [R204(c) – T13]: Agreements and arrangements – International Mobility Program\nLMIA Exemption – International Mobility Program (IMP)\nR204(c) Canada-provincial/territorial – T13\nT13 – LMIA exempt: Exceptional or unforeseen events / Exempté de l’EIMT : événements exceptionnels ou imprévus\nWP wp\nSee: Exceptional and Unforeseen Events – Provincial agreements [R204(c) – T13] – Agreements and arrangements – International Mobility Program\nLMIA Exemption – International Mobility Program (IMP)\nR204(c) Canada-provincial/territorial – C18 AIP\nC18 – LMIA exempt: Atlantic Immigration Program / Exempté de l’EIMT : Programme d’immigration au Canada atlantique\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – C10 Airline Security", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 34 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p35", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "C10 – LMIA exempt: Foreign airline security guards / Exempté de l’EIMT : Agents de sécurité étrangers en service dans les aéroports\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – C10 Interns under FMIOA\nC10 – LMIA exempt: Interns with international organizations recognized under the FMIOA / Exempté de l’EIMT : Stagiaires au sein d’organisations internationales reconnues en vertu de la LMEOI\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – C10 Track Maintenance\nC10 – LMIA exempt: Specialized track maintenance worker / Exempté de l’EIMT : Opérateurs de matériel spécialisé d’entretien de la voie ferrée\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – C10 United Nations\nC10 – LMIA exempt: Experts on mission, working for a United Nations office in Canada / Exempté de l’EIMT : Experts en mission travaillant pour un bureau des Nations Unies au Canada\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – C10 Quebec Physicians\nC10 – LMIA exempt: Foreign physician coming to work in Quebec / Exempté de l’EIMT : Médecin étranger venant travailler au Québec\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – C10 Agricultural Officers\nC10 – LMIA exempt: Caribbean Agricultural Liaison Officer / Exempté de l’EIMT : Agent de liaison pour les travailleurs agricoles des Antilles\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – C11 Fishing Guides\nC11 – LMIA exempt: Fishing guide (Canadian lakes) / Exempté de l’EIMT : Guide de pêche (lacs en territoire canadien)\nWP wp\nLMIA Exemption – International Mobility Program (IMP)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 35 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p36", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "R205(a) Significant Benefit – C11 Camp Personnel\nC11 – LMIA exempt: Foreign camp owner or director, and outfitters / Exempté de l’EIMT : Propriétaire ou directeur de camp étranger et pourvoyeurs\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – C13 Emergency personnel repair\nC13 – Entering Canada to perform emergency repair under LMIA exemption / Admission au Canada pour effectuer une réparation d’urgence en vertu de l’exemption d’EIMT\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – C13 Repair personnel for out-of-warranty equipment\nC13 – LMIA exempt: Entering Canada to perform repair for out-of-warranty equipment / Admission au Canada pour effectuer une réparation d’un équipement qui n’est plus sous garantie en vertu de l’exemption d’EIMT\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – C14\nC14 – LMIA exempt: Television and film production workers / Exempté de l’EIMT : Travailleurs du domaine de la production télévisuelle et cinématographique\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – C15\nC15 – LMIA exempt: Rural and Northern Immigration Pilot / Exempté de l’EIMT : Programme pilote d’immigration dans les communautés rurales et du Nord\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – C16\nC16 – Francophone Mobility. Authorized to work in various company sites across Canada, excluding Québec / Mobilité francophone. Autorisé à travailler à divers emplacements d’entreprises et de clients au Canada, à l’exclusion du Québec\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – C17", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 36 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p37", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "C17 – LMIA exempt: Rural and Northern Immigration Pilot spouses / Exempté de l’EIMT : Époux ou conjoints de fait des participants au Programme pilote d’immigration dans les communautés rurales et du Nord\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – C60 CSQ Self-Employed\nC60 – LMIA exempt: Provincial business candidate or Quebec self-employed applicant with a CSQ / Exempté de l’EIMT : Candidat entrepreneur provincial ou travailleur autonome du Québec titulaire d'un CSQ\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – C61\nC61 – LMIA exempt: ICT – employees starting a branch or affiliate / Exempté de l’EIMT : PMIS – Employé créant une succursale ou une filiale\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) – C62 Intra-company transferee (ICT) – Executive, Senior or Functional manager\nC62 – LMIA exempt: Intra-company transferee / Exempté de l’EIMT : Personne mutée à l’intérieur d’une société\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – C62\nC62 – LMIA exempt: Airline personnel (station managers) / Exempté de l’EIMT : Personnel de transporteur aérien (chefs d’escale)\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – C63\nC63 – LMIA exempt: ICT – Specialized knowledge / Exempté de l’EIMT : PMIS y compris l’AGCS – Travailleurs qui possèdent des connaissances spécialisées\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – A71\nA71 – LMIA exempt: Live-in caregivers with APR / Exempté de l’EIMT : Aides familiaux résidents ayant présenté une DRP\nWP wp\nLMIA Exemption – International Mobility Program (IMP)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 37 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p38", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "R205(a) Significant Benefit – A73\nA73 – LMIA exempt: Certain CSQ holders currently in Quebec / Exempté de l’EIMT : Certains titulaires d’un CSQ qui résident au Québec\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – A75 BOWP\nA75 – LMIA exempt: bridging open work permits (BOWP) / Exempté de l’EIMT : Permis de travail ouverts transitoires (PTOT)\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – A75 HCCPP / HSWP\nA75 – LMIA exempt: Caregivers under the HCCPP or HSWP / Exempté de l’EIMT : Aides familiaux sujets au PPGEMF ou au PPAFD\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – A76\nA76 – LMIA exempt: CSQ holders currently outside Quebec / Exempté de l’EIMT : Titulaires de CSQ actuellement à l’extérieur du Québec\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – A77\nA77 – LMIA exempt Start-up business class (SUV) APR / Exempté de l’EIMT : Permis de travail pour les DRP pour démarrage d’entreprise\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – C90\nC90 – LMIA exempt: Caregivers under HCCPP or HSWP (occupation-restricted open work permit) / Exempté de l’EIMT : Aides familiaux sujets au PPGEMF ou au PPAFD (permis de travail ouvert restreint à une profession)\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(a) Significant Benefit – C91\nC91 – LMIA exempt: Spouses and dependants of caregivers under HCCPP or HSWP / Exempté de l’EIMT : Époux ou conjoints de fait et personnes à charge en vertu du PPGEMF ou du PPAFD\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(b) Reciprocal Employment – C20 Fishing Guides", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 38 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p39", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "C20 – LMIA exempt: Fishing guide (border lakes) / Exempté de l’EIMT : Guide de pêche (lacs limitrophes)\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(b) Reciprocal Employment – C20 US Personnel\nC20 – LMIA exempt: United States government personnel (family members) / Exempté de l’EIMT : Employés du gouvernement des États-Unis (membres de la famille)\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(b) Reciprocal Employment – C20 Accreditation by DFATD\nC20 – LMIA exempt: Accredited by the DFATD at time of work permit issuance / Exempté de l’EIMT: Accrédité par le MAECD au moment de la délivrance du permis de travail\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(b) Reciprocal Employment – C21 International Experience Canada\nC21 – As IEC is a yearly quota, this permit is not eligible for a WP-EXT. / EIC étant un quota annuel, ce permis n’est pas admissible à un PT-PRO\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(b) Reciprocal Employment – C22\nC22 – LMIA exempt: Academic exchange (professors, visiting lecturers) / Exempté de l’EIMT : Échanges d’enseignants (professeurs, conférenciers invités)\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(b) Reciprocal Employment – C23\nC23 – LMIA exempt: Performing arts / Exempté de l’EIMT : Arts de la scène\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(b) Reciprocal Employment – C24\nC24 – LMIA exempt: Residential summer camp counsellors / Exempté de l’EIMT : Conseillers de camp résidentiel\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(b) Reciprocal Employment – C26\nC26 – LMIA exempt: Coaches and Athletes / Exempté de l’EIMT : Entraîneurs et athlètes\nWP wp", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 39 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p40", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "LMIA Exemption – International Mobility Program (IMP)\nR205(c)(i) Research – C31\nC31 – LMIA exempt: Research / Exempté de l’EIMT : Programmes de recherche\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(c)(i) Research – C33 Student CO-OP Secondary\nC33 – LMIA exempt: Educational co-op – secondary level / Exempté de l’EIMT : Programmes d’enseignement coopératif – secondaire\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(c)(ii) Competitiveness and Public Policy – C42\nC42 – LMIA exempt: Spouse or common-law partner of full-time student / Exempté de l’EIMT : Époux ou conjoint de fait des étudiants à temps plein\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(c)(ii) Competitiveness and Public Policy – C43\nC43 – LMIA exempt: Post-grad employment / Exempté de l’EIMT : Travail postdiplôme\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(c)(ii) Competitiveness and Public Policy – C44\nC44 – LMIA exempt: Post-doctoral Ph.D. fellow / Exempté de l’EIMT : Détenteurs d’une bourse de perfectionnement postdoctoral diplômés du doctorat (Ph.D.) et titulaires d’une bourse\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(c)(ii) Competitiveness and Public Policy – C45\nC45 – LMIA exempt: Medical residents and fellows / Exempté de l’EIMT : Médecins résidents et moniteurs\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(c)(ii) Competitiveness and Public Policy – C47\nC47 – LMIA exempt: Spouse or common-law partner of low-skilled worker (TEER 4 or 5) / Exempté de l’EIMT : Époux ou conjoints de fait de travailleurs peu qualifiés\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(c)(ii) Competitiveness and Public Policy – C48", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 40 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p41", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "C48 – LMIA exempt: Dependent child of low-skilled worker (TEER 4 or 5) / Exempté de l’EIMT : Enfants de travailleurs peu qualifiés\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(c)(ii) Competitiveness and Public Policy – C49\nC49 – LMIA exempt: Family members of Economic PR applicants / Exempté de l’EIMT : Membres de famille d’un demandeur RP Catégorie de l’immigration économique\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(c)(ii) Competitiveness and Public Policy – C52\nC52 – LMIA exempt: Academic Award recipient / Exempté de l’EIMT : Titulaires d’une bourse d’études\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(c)(ii) Competitiveness and Public Policy – C88\nC88 – LMIA exempt: Innovation Stream pilot / Exempté de l’EIMT : Projet pilote du volet d’innovation\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(d) Charitable or Religious Work – C50\nC50 – LMIA exempt: Religious work / Exempté de l’EIMT : Employés d’organismes religieux\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR205(d) Charitable or Religious Work – C51\nC51 – LMIA exempt: Charitable work / Exempté de l’EIMT : Employés d’organismes de bienfaisance\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR206 No Other Means of Support – S62\nS62 – LMIA exempt: Persons under an unenforceable removal order / Exempté de l’EIMT : Personnes frappées d’une mesure de renvoi qui ne peut être exécutée\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR207 Permanent Residence Applicants in Canada – A70 LCP\nA70 – LMIA exempt: Live-in caregiver class (LCP) / Exempté de l’EIMT : Catégorie des aides familiaux à domicile\nWP wp\nLMIA Exemption – International Mobility Program (IMP)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 41 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p42", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "R207 Permanent Residence Applicants in Canada – A70 SP or CLP\nA70 – LMIA exempt: Spouse or common-law partner in Canada class / Exempté de l’EIMT : Catégorie des époux ou des conjoints de fait au Canada\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR207 Permanent Residence Applicants in Canada – A70 Protected Persons\nA70 – LMIA exempt: Protected persons under subsection A95(2) / Exempté de l’EIMT : Personnes protégées au sens du paragraphe L95(2)\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR207 Permanent Residence Applicants in Canada – A70 H&C\nA70 – LMIA exempt: Section A25 exemption (humanitarian and compassionate grounds) / Exempté de l’EIMT : Dispense en vertu de l’article L25 (motifs d’ordre humanitaire)\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR207 Permanent Residence Applicants in Canada – A70 Family members of H&C\nA70 – LMIA exempt: Family members A25 exemption / Exempté de l’EIMT : Membre de la famille d’exemption L25\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR208 Humanitarian Reasons – H81\nH81 – LMIA exempt: Destitute student / Exempté de l’EIMT : Étudiant démunis\nWP wp\nLMIA Exemption – International Mobility Program (IMP)\nR208 Humanitarian Reasons – H82\nH82 – LMIA exempt: Holders of a temporary resident permit valid for a minimum of six months / Exempté de l’EIMT : Titulaires d’un permis de séjour temporaire valide pour au moins 6 mois\nWP wp\nSpecial Measures\nCOVID-Medical Quarantine\nmust quarantine for 14 days / quarantaine obligatoire de 14 jours\nWP wp / SP sp / VR vr\nSpecial Measures\nCUAET\nCUAET Ukraine Special Measures. IRCC Medical Information letter provided / AVUCU – Mesures spéciales pour l’Ukraine. Lettre d’information médicale d’IRCC fournie", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 42 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-2-p43", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Bilingual User Remarks Table", + "marginal_note": "Bilingual User Remarks Table", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "WP wp / SP sp / VR vr\nSpecial Measures\nCUAET\nCUAET Ukraine Special Measures / AVUCU – Mesures spéciales pour l’Ukraine\nWP wp / SP sp / VR vr\nPublic Policy\nOther\nLMIA exempt under A25.2 / Exempté de l’EIMT en vertu de L25.2 : [public policy program name / nom du programme politique d’intérêt public]\nWP wp\nThis remark is intended for new public policy exemptions under A25.2 not listed under the Public Policy category in this table.\nSee: Special measures", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bilingual User Remarks Table (part 43 of 43)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-35-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Bilingual Remarks/Observations for Visitor Records, Work Per — Learn more", + "marginal_note": "Learn more", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Conditions and validity period on work permits (temporary workers)\nLabour market impact assessment (LMIA) exemption codes – International Mobility Program (IMP)\nWork without a permit list [R186 and public policies] – International Mobility Program", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Learn more", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/bilingual-remarks-observations.html" + }, + { + "id": "pdi-tr-36-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Priority processing - Global Skills Strategy – TEER 0 and 1 occupations", + "marginal_note": "Priority processing - Global Skills Strategy – TEER 0 and 1 occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nAs part of the Global Skills Strategy (GSS), Ministerial Instructions on the priority processing of work permit applications were issued on June 12, 2017. These instructions allow certain highly skilled foreign nationals applying from outside Canada to be eligible for priority processing.\nPriority processing applies to any of the following e-applications:\nreceived by Immigration, Refugees and Citizenship Canada (IRCC) on or after June 12, 2017\nfor a work permit from outside Canada [ R197 ]\nthe related e-applications for temporary residence [ R179(a) ]\nthe electronic travel authorization (eTA) [ R12.04 ]\nfor a work permit or study permit for a family member Footnote 1  of an applicant whose work permit e-application meets the conditions established by the instructions\nThese 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.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Priority processing - Global Skills Strategy – TEER 0 and 1 occupations", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/two-week-processing.html" + }, + { + "id": "pdi-tr-36-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Priority processing - Global Skills Strategy – TEER 0 and 1 — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Eligibility for priority processing\nESDC’s Global Talent Stream\nAccommodating foreign nationals with disabilities\nFamily members of work permit applicants under the GSS\nInland applications and renewals", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/two-week-processing.html" + }, + { + "id": "pdi-tr-36-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Priority processing - Global Skills Strategy – TEER 0 and 1 — Eligibility for priority processing", + "marginal_note": "Eligibility for priority processing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To process work permit e-applications on a priority basis, the following conditions must be met:\nThe applicant must submit a  complete e-application  on or after June 12, 2017, along with supporting documentation.\nFor Labour Market Impact Assessment (LMIA)-exempt work permits, the applicant must meet the following criteria:\nThe applicant intends to perform work described in  section R204 of the Immigration and Refugee Protection Regulations (IRPR) (international agreements)  or  section R205 (Canadian interests) . The applicant is not required to identify themselves when they respond to the questionnaire in the  Come to Canada tool  in order to benefit from priority processing. Their application is coded automatically as a GSS application in the Global Case Management System (GCMS).\nThe applicant has an offer of employment to perform work in an occupation listed in Training, Education, Experience and Responsibilities (TEER) category 0 or 1 of the National Occupational Classification.\nAs part of Employment and Social Development Canada’s (ESDC’s)  Global Talent Stream  (GTS) LMIA-required work permits of the Temporary Foreign Worker Program, applicants must self-identify when they respond to the questionnaire in the  Come to Canada tool . Consult the section below about the GTS for more information.\nApplicants must apply online (e-application) (see instructions below for accommodating foreign nationals with disabilities).\nApplicants must submit their  medical examination documentation  up front (where required by the Immigration and Refugee Protection Act (IRPA) and the IRPR.\nApplicants must obtain their  biometrics  within 2 weeks of the date of application.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility for priority processing (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/two-week-processing.html" + }, + { + "id": "pdi-tr-36-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Priority processing - Global Skills Strategy – TEER 0 and 1 — Eligibility for priority processing", + "marginal_note": "Eligibility for priority processing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Visa-exempt work permit applicants are not required to apply for an  eTA , and visa-required work permit applicants are not required to apply for a temporary resident visa, because these items will be issued as part of the work permit process.\nApplicants who  do not  meet the above conditions do not qualify for priority processing.\nForeign nationals eligible for this priority processing are still subject to all other statutory eligibility and admissibility requirements. This includes providing  police certificates , if required by the migration office instructions of their region as part of the work permit application. If insufficient information is provided to satisfy those requirements, and additional documents are requested from the applicant, the client is still eligible for GSS; however, the application process falls outside priority processing.\nNote: In addition to documents requested in the upfront document checklist, which is provided to applicants, based on their responses to the Come to Canada tool, applicants must submit documents that are required by their migration offices abroad.\nApplicants can find their migration office’s specific instructions by\ngoing to the work permit application landing page\nselecting the country or territory they are applying from\ndownloading the country-specific visa office instructions from the list of documents, if there are any\nIf the applicant does not see any local instructions in the list of documents, then there are no special considerations for their location.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility for priority processing (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/two-week-processing.html" + }, + { + "id": "pdi-tr-36-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Priority processing - Global Skills Strategy – TEER 0 and 1 — Eligibility for priority processing", + "marginal_note": "Eligibility for priority processing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the applicant is unable to provide certain documents requested by their IRCC migration office’s specific document checklist, they should submit an explanation as to why it is not possible or proof that they have requested the information, in case they need to go to a third party (for example, police certificates).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility for priority processing (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/two-week-processing.html" + }, + { + "id": "pdi-tr-36-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Priority processing - Global Skills Strategy – TEER 0 and 1 — ESDC’s Global Talent Stream", + "marginal_note": "ESDC’s Global Talent Stream", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "LMIA-required foreign workers may be eligible for priority processing if they have been identified under 1 of the following categories in ESDC’s GTS:\nCategory A: The employer has been referred to the GTS by 1 of the stream’s designated partners who are hiring unique and specialized talent .\nCategory B: The employer is seeking to hire highly skilled foreign workers to fill positions in occupations found on the Global Talent Occupations List (refer to the eligibility criteria on ESDC’s website).\nEmployers applying to the GTS can expect faster processing of their LMIA GTS applications with an ESDC service standard of 10 business days. The start date for this service standard is the first business day after the application has been received by ESDC.\nESDC will confirm that the applicant is part of the GTS by entering a note in the LMIA application that will be downloaded in the “Employment Validation Form” applet in GCMS under “ESDC Comments”.\nLMIA-required foreign workers must apply for their work permits online as soon as they receive their decision letter from their employer. To do so, they must first identify themselves in the Come to Canada tool .\nNote: In order to identify themselves in the Come to Canada tool, work permit applicants must respond Yes to the following question: Did Employment and Social Development Canada issue your employer’s Labour Market Impact Assessment under the Global Talent Stream?\nImportant: If foreign workers do not identify themselves this way in the Come to Canada tool, their work permit application will not be automatically coded as being processed under the GSS.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: ESDC’s Global Talent Stream", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/two-week-processing.html" + }, + { + "id": "pdi-tr-36-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Priority processing - Global Skills Strategy – TEER 0 and 1 — Accommodating foreign nationals with disabilities", + "marginal_note": "Accommodating foreign nationals with disabilities", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Foreign nationals may contact IRCC Client Support Centre services to indicate that they are unable to complete an online work permit application because of a physical or mental disability.\nTo evaluate the need for accommodation, officers should ask the following questions:\nWhat is the nature of the foreign national’s disability?\nDoes the foreign national have a friend or a family member, and access to community resources or an authorized representative to help them with the application?\nIf the foreign national’s disability cannot be accommodated, the Client Support Centre should email the general Immigration Program Guidance Branch (IPG) mailbox with the subject line “2-week processing – Alternative Application Request”. The email should contain answers to the above questions, as well as the foreign national’s name, mailing address, telephone number and email address, if applicable.\nIf the IPG is satisfied that the foreign national’s disability cannot be accommodated within the existing web application, the IPG will contact the foreign national and provide an alternative to the online application process.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Accommodating foreign nationals with disabilities", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/two-week-processing.html" + }, + { + "id": "pdi-tr-36-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Priority processing - Global Skills Strategy – TEER 0 and 1 — Family members of work permit applicants under the GSS", + "marginal_note": "Family members of work permit applicants under the GSS", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Family members of applicants who are applying for an LMIA-exempt work permit or an LMIA required work permit (GTS) are also eligible for priority processing under the GSS. Family members are eligible for priority processing only if the principal applicant is eligible for priority processing under the GSS. Temporary resident applications (work permits or study permits) of the accompanying family members must be submitted online as part of a family pack.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Family members of work permit applicants under the GSS", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/two-week-processing.html" + }, + { + "id": "pdi-tr-36-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Priority processing - Global Skills Strategy – TEER 0 and 1 — Inland applications and renewals", + "marginal_note": "Inland applications and renewals", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Although eligible applicants are welcome to apply for a new work permit or renewal from within Canada, priority processing will not apply. Inland applicants can benefit from  maintained status  if they are applying to work under the same conditions as those indicated in their initial job offer and work permit, without any disruption to their work. Applicants applying to change conditions on their initial work permits in Canada can consult the in-Canada  processing times .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Inland applications and renewals", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/two-week-processing.html" + }, + { + "id": "pdi-tr-36-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Priority processing - Global Skills Strategy – TEER 0 and 1 — Footnotes", + "marginal_note": "Footnotes", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Footnote 1\nFor the purpose of these instructions, a family member has the same meaning as in subsection R1(3) .\nReturn to footnote 1 referrer", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Footnotes", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/two-week-processing.html" + }, + { + "id": "pdi-tr-37-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessments - Temporary Foreign Worker Program", + "marginal_note": "Labour Market Impact Assessments - Temporary Foreign Worker Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nEmployment and Social Development Canada (ESDC) has the lead on all requirements related to the Temporary Foreign Worker Program (TFWP).\nWithin ESDC, there are different branches and programs that touch on the Labour Market Impact Assessment (LMIA) process, both before submission of a work permit application and inspections after a work permit issuance.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Labour Market Impact Assessments - Temporary Foreign Worker Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/overview.html" + }, + { + "id": "pdi-tr-37-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessments - Temporary Foreign Worker — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Overview of ESDC and Service Canada (SC).\nESDC National Headquarters (POB, SEB & ISB)\nProgram Operations Branch (POB)\nIntegrity Services Branch (ISB)\nSkills and Employment Branch (SEB)\nESDC Regional Operations (CSPDB and ISB)\nCitizen Services and Program Delivery Branch (CSPDB)\nIntegrity Services Branch (ISB)\nResponsibilities of ESDC including SC, IRCC and Canada Border Services Agency (CBSA)\nLMIA legislative authorities\nLMIA application process\nUnnamed Labour Market Impact Assessments\nIn this section\nRelated links", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/overview.html" + }, + { + "id": "pdi-tr-37-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessments - Temporary Foreign Worker — Overview of ESDC and SC", + "marginal_note": "Overview of ESDC and SC", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "ESDC is the Department responsible for developing, managing and delivering employment and social development programs and services. Within the ESDC portfolio is SC , a single point of access for ESDC programs. As the public face of ESDC, SC processes the LMIA applications from employers, operates the Job Bank and issues social insurance numbers to temporary residents authorized to work.\nWithin ESDC/SC, the TFWP is administered by the Skills and Employment Branch, Program Operation Branch and the Integrity Services Branch. The program is delivered by Service Canada Regional Operations through Citizen Services and Program Delivery Branch and Integrity Service Branch.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Overview of ESDC and SC", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/overview.html" + }, + { + "id": "pdi-tr-37-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessments - Temporary Foreign Worker — ESDC National Headquarters (POB, SEB & ISB)", + "marginal_note": "ESDC National Headquarters (POB, SEB & ISB)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Program Operations Branch (POB)\nProvides functional direction and guidance on operational procedures to SC regions on assessment of LMIAs.\nIntegrity Services Branch (ISB)\nIs responsible for triaging complaints, liaison with law enforcement agencies and functional direction to regions on employer compliance.\nSkills and Employment Branch (SEB)\nLeads TFWP policy, performance and reporting and Federal-Provincial/Territorial and National Stakeholder Relations.\nJob Bank and Labour Market Information\nTemporary Foreign Worker Program", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: ESDC National Headquarters (POB, SEB & ISB)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/overview.html" + }, + { + "id": "pdi-tr-37-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessments - Temporary Foreign Worker — ESDC Regional Operations (CSPDB and ISB)", + "marginal_note": "ESDC Regional Operations (CSPDB and ISB)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Citizen Services and Program Delivery Branch (CSPDB)\nProcesses LMIA applications and is responsible for regional stakeholder relations.\nIntegrity Services Branch(ISB)\nConducts employer compliance activities on behalf of the TFWP and some aspects of the International Mobility Program (IMP).\nFor further information consult: Temporary Foreign Worker Program (TFWP)\nIn addition to the general High- and Low-wage streams , ESDC has several different streams in the TFWP:\nExpress entry  – for employers to hire a skilled foreign worker to support their permanent residence through an economic immigration program.\nGlobal Talent Stream  – for employers to hire uniquely skilled talent or in-demand workers in select Information and Communication Technology (ICT) or Science, Technology, Engineering and Mathematics (STEM) jobs to scale up and grow businesses.\nAcademics  – for employers to hire an academic at a college, university or degree granting institution in Canada.\nAgriculture  – for employers to hire on-farm foreign workers for jobs in primary agriculture. Primary agriculture has four sub-streams: Agriculture, Seasonal Agricultural Worker Program (SAWP), High Wage and Low Wage\nSAWP – Limited to workers from Mexico and 11 Caribbean countries, for seasonal work only (max. 8 months). The commodity (agricultural product) must be on the National Commodities List (NCL) and the wage is based on the rate for that commodity.\nAgriculture – Complements the SAWP, but is open to workers from all countries, for seasonal and full-year work and with the same NCL requirements as the SAWP.\nLow Wage – Open to workers from all countries, for seasonal and full-year work. The commodity must not be on the NCL, and the wage is lower than the Job Bank median wage.\nHigh Wage – Open to workers from all countries, for seasonal and full-year work. The commodity must not be on the NCL, and the wage is higher than the Job Bank median wage.\nCaregivers  – Hire an in-home worker to care for children, seniors or persons with medical needs.\nPositions in Quebec  – for employers to hire foreign workers in the province of Quebec.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: ESDC Regional Operations (CSPDB and ISB)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/overview.html" + }, + { + "id": "pdi-tr-37-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessments - Temporary Foreign Worker — Responsibilities of ESDC, including SC, IRCC and CBSA", + "marginal_note": "Responsibilities of ESDC, including SC, IRCC and CBSA", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The delivery of the TFWP relies on the close cooperation of these 3 federal organizations.\nESDC, including SC, is responsible for liaising with the employer in the TFWP, for receiving and processing LMIA applications, including a genuineness assessment and providing a positive or negative decision. ESDC/SC makes an eligibility decision only on the employment’s effect on the labour market and does not assess any individual foreign nationals named in the LMIA application. In addition, ESDC’s Integrity Services Branch (ISB) is responsible for conducting employer compliance inspections on employers under the TFWP after work permits based on LMIAs are issued.\nIRCC offices, both in Canada and abroad, are responsible for processing work permit applications based on a positive or neutral LMIA. IRCC makes the decision on the eligibility of foreign nationals who submit work permit applications supported by an LMIA. IRCC officers assess the genuineness of the job offer submitted with the LMIA.\nCBSA is responsible for processing work permit applications submitted at the port of entry and also for issuing work permits provisionally approved outside of Canada, as well as for the foreign national’s examination upon entry to Canada.\nIRCC or CBSA officers who want more information on general labour market matters can review the labour market information here: Explore the Canadian labour market", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Responsibilities of ESDC, including SC, IRCC and CBSA", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/overview.html" + }, + { + "id": "pdi-tr-37-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessments - Temporary Foreign Worker — LMIA legislative authorities", + "marginal_note": "LMIA legislative authorities", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The requirement for a labour market assessment is found in the Immigration and Refugee Protection Act and its Regulations as indicated below.\nSubparagraph R200(1)(c)(iii) allows an officer to assess a work permit application from a foreign national who has been offered employment, and the officer has made a positive determination under paragraphs R203(1)(a) to (g) .\nParagraphs R203(1)(a) to (g) provide the requirements for the officer to make a determination on the basis of an assessment provided by ESDC. A positive or neutral labour market assessment is not the only factor that officers must assess when making decisions on work permit applications accompanied by an LMIA. Officers must still be satisfied that all other requirements are met and that they are not prohibited from issuing a work permit under subsection R200(3).\nSubsection R203(2) states that ESDC must provide the assessment on request of an officer or an employer, including groups of employers, other than employers who are banned or who on a regular basis, offer striptease, erotic dance, escort services or erotic massages.\nSubsection R203(3) provides authority for ESDC to determine if the employment of the foreign national is likely to have a positive or neutral effect on the labour market in Canada.\nSome assessment factors include if the employment of the foreign national will or is likely to result in\njob creation or retention\nskills or knowledge transfer\nfilling a labour shortage\nhiring and training of Canadian citizens or permanent residents\nno adverse effect on any labour dispute in progress\nIn addition, ESDC must assess if\nthe wages offered to the foreign national are consistent with the prevailing wage rate\nthe working conditions meet acceptable Canadian standards\nthe employer has fulfilled all their commitments under any previous LMIA", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: LMIA legislative authorities", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/overview.html" + }, + { + "id": "pdi-tr-37-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessments - Temporary Foreign Worker — LMIA application process", + "marginal_note": "LMIA application process", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Employer identifies whether they need an LMIA or may qualify for an LMIA exemption .\nEmployer should check if ESDC will refuse to process the LMIA application.\nIf the employer requires an LMIA and is not one of the refusal to process categories, they may submit the LMIA application up to six months in advance of the expected start date.\nThe application package must include:\nThe LMIA application form (there are different application forms depending on the Stream the employer is using e.g. High- or Low-wage)\nproof of business legitimacy , if applicable\nproof of recruitment\npayment information for the processing fee for each position requested, if applicable\nThere are specific program requirements for each of the LMIA streams. For further information, officers can review the ESDC public site at: Program requirements for low-wage positions or Program requirements for high-wage positions.\nUnnamed LMIAs\nAn employer, outside of Quebec, may submit an Unnamed LMIA application to ESDC prior to knowing who they will be hiring since the LMIA is based on the position, not the worker.\nOnce the foreign workers are identified the employer must complete and submit the form “Request to add or remove a name on an LMIA” to ESDC/SC prior to any work permit application submission. ESDC/SC will add the names of the foreign nationals into the LMIA system and issue a new positive LMIA letter to the employer within 5 to 10 business days that includes the names of the foreign nationals. The official positive LMIA letter with the foreign workers’ names included will have the same expiry date as the initial unnamed positive LMIA letter.\nUntil the foreign worker is specifically named in the LMIA, the requirements of section R203 are not met, and therefore a work permit can not be issued under subparagraph R200(1)(c)(iii).\nNote: The only exception to this is under the Seasonal Agricultural Work Program where the foreign worker name is supplied by the foreign government pursuant to international agreements.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: LMIA application process", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/overview.html" + }, + { + "id": "pdi-tr-37-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessments - Temporary Foreign Worker — In this section", + "marginal_note": "In this section", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "LMIA Review\nRevocation or suspension of an LMIA and effect on work permit\nRefusal to process or suspension of processing of a Labour Market Impact Assessment application", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: In this section", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/overview.html" + }, + { + "id": "pdi-tr-37-9", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessments - Temporary Foreign Worker — Related links", + "marginal_note": "Related links", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Priority processing - Global Skills Strategy – TEER 0 and 1 occupations\nQuebec cases (Temporary Foreign Worker Program and International Mobility Program)\nWork permits for caregiver pathways - Temporary Foreign Worker Program and International Mobility Program\nSeafood and fish plant workers (low-wage cap exempt) - Temporary Foreign Worker Program\nRegulated or certified occupations", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Related links", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/overview.html" + }, + { + "id": "pdi-tr-38-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessment Review - Temporary Foreign Worker Program", + "marginal_note": "Labour Market Impact Assessment Review - Temporary Foreign Worker Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nWhen a foreign national makes an application for a work permit, and sections 204 to 208 of the Immigration and Refugee Protection Regulations (IRPR) do not apply, then subparagraph R200(1)(c)(iii) requires that before the officer can make a positive decision, they must establish that\nthe foreign national has been offered employment,\na positive determination under paragraphs 203(1)(a) to (g) has been made,\nthere are no inadmissibilities or prohibitions.\nSubsection R203(1) specifies the elements that must be met for an officer to make a positive determination on applications where there is no exemption from the Labour Market Impact Assessment (LMIA) requirement. This subsection also requires an assessment from Employment and Social Development Canada (ESDC) in order for the officer to make a determination.\nTherefore, the LMIA is a mandatory document required by paragraph R10(1)(c) for a complete application.\nWhen reviewing work permit applications with an associated LMIA, officers should ensure that the LMIA is valid at the time of the work permit application and that it has not been changed or suspended.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Labour Market Impact Assessment Review - Temporary Foreign Worker Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/validity-suspension-duration-employment.html" + }, + { + "id": "pdi-tr-38-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessment Review - Temporary Foreign W — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Concurrent processing for in-Canada work permit applications\nLMIA process with ESDC\nPaper version of LMIA approval\nLMIA information in GCMS\nReviewing the fields of the LMIA and applying the National Occupation Classification (NOC) employment requirements\nLMIA Decision section\nApplications received after the LMIA expiry date\nDetails and Job Details sections\nDuration of employment as per the LMIA\nLMIA duration choice\nPassport expiry effect on duration of work\nWork permit validity\nCase examples\nValidity of work permit where the duration of the LMIA is “Indeterminate/Permanent”", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/validity-suspension-duration-employment.html" + }, + { + "id": "pdi-tr-38-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessment Review - Temporary Foreign W — Concurrent processing for in-Canada work permit applications", + "marginal_note": "Concurrent processing for in-Canada work permit applications", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Since an LMIA is required for a complete application under section R10, it should be included with the application at the time of submission.\nException: For applications submitted in-Canada as per section R199, to ensure that foreign nationals do not fall out of status, IRCC will allow 60 days from the date of submission for the applicant to provide a positive LMIA, if they provide proof that\ntheir work permit expires in 2 weeks or less\ntheir prospective employer has submitted a complete application for an LMIA\nwith sufficient lead time to have the LMIA processed (i.e.: submitted LMIA application far enough in advance of the published processing times that a decision could be made)\nno decision on the LMIA application has been made\nImportant: Employers should not submit the application for an LMIA immediately prior to the work permit application and expect that IRCC will allow for concurrent processing. Such requests will be assessed on an exceptional basis .\nThe application will be promoted, and the processing fee will be allocated. Applications will be held by IRCC for 60 days, after which a final determination regarding the work permit will be made.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Concurrent processing for in-Canada work permit applications", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/validity-suspension-duration-employment.html" + }, + { + "id": "pdi-tr-38-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessment Review - Temporary Foreign W — LMIA process with ESDC", + "marginal_note": "LMIA process with ESDC", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "ESDC assesses whether the employment of a foreign national will have a positive or neutral effect on the labour market in Canada. ESDC is assessing the effect of the specific occupation identified by the employer against the labour market, not whether the foreign national matches the occupational requirements.\nThe LMIA application forms and process may be found on the ESDC public site: Temporary Foreign Worker Program\nThe employer is required to complete sections of the LMIA application that include specifying the following in the Job Offer Details section:\nJob title of the position\nMain duties of the position offered\nHow the position is necessary for the operation of business\nExpected duration of the employment and the rationale for that duration\nLanguage requirement (this is only an indication of whether English or French is used)\nMinimum education requirements\nMinimum experience/skills requirements\nRequired occupation-related certification/licensing (i.e. forklift operator)\nThis information is based on what the employer requires from the position. The information may be entered into the LMIA verbatim, or ESDC may revise the employer’s description.\nWhen the ESDC officer reviews the LMIA application, they determine the appropriate NOC code based on the information provided by the employer. If there is a mixture of main duties from different NOC codes, ESDC should notify the employer in writing that the foreign worker cannot engage in the specific duties that are not set out in the occupation for which the LMIA has been granted.\nLMIA positive assessment", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: LMIA process with ESDC (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/validity-suspension-duration-employment.html" + }, + { + "id": "pdi-tr-38-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessment Review - Temporary Foreign W — LMIA process with ESDC", + "marginal_note": "LMIA process with ESDC", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "LMIA Confirmation portion: When ESDC approves an LMIA, they provide proof of the positive LMIA to the employer in the form of a letter. The LMIA number is stated in the top right corner of each page. The LMIA application receipt date is indicated in the first paragraph of the LMIA positive decision letter. The letter is generally signed by the approving ESDC program officer.\nImportant: The LMIA # is not the same as an LMIA-exempt Offer of Employment number. The LMIA # or ‘System file number’ never begins with a letter.\nThe Employment Details portion of the letter is a summarized version of the LMIA information.\nThe Employment Details portion of the positive LMIA letter provides only the following fields:\nLMIA Stream: The Temporary Foreign Worker Program has several different LMIA streams that each have their own requirements. For example: High- and low-wage stream , Global Talent Stream , Agriculture , etc.\nLMIA Validity Period : Applications for work permits must be submitted prior to this date.\nEmployer Information: Legal business name and business address of the employer.\nEmployer Contact(s): Employee name and contact number for the employer or their representative.\nJob Information:\nNOC Code and Title – This is as chosen by ESDC based on the information in the LMIA application. It includes the NOC code and the title as stated in the NOC.\nJob Title – The title of the position as stated by the employer.\nNumber of Positions – Total number of people the LMIA covers, and the total number of work permits to be issued based on the specific LMIA.\nEducation Requirements: This should describe the specific diploma, certificate, degree or other educational requirements that the job requires.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: LMIA process with ESDC (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/validity-suspension-duration-employment.html" + }, + { + "id": "pdi-tr-38-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessment Review - Temporary Foreign W — LMIA process with ESDC", + "marginal_note": "LMIA process with ESDC", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Verbal Language Requirements: This is only an indication of which official language is required for the job. The level of language requirement is not determined by ESDC.\nWritten Language Requirements: This is only an indication of which official language is required for the job. The level of language required is not determined by ESDC.\nDuration of Employment: The length of time specified is how long the work permit should be valid for.\nWage: Hourly wage offered to the foreign national as per the LMIA application.\nLocation of Employment: The physical address of the employment.\nForeign Worker Names portion: After the Employment Details section, there is a list of Foreign Worker Names. This section has an important note which states: “Do not forward the FOREIGN WORKER NAMES document to the foreign worker(s). The foreign worker only requires the LMIA confirmation letter and the Employment Details document identifying the LMIA number [System file #]”\nSome employers follow the instruction and others do not. This means that an IRCC officer reviewing the paper version of the LMIA (versus the fields in GCMS) may see the Foreign Worker Names portion included, but it should not be expected. IRCC officers should confirm foreign worker names in GCMS.\nNote: Language requirements on the LMIA only specify the language of the job offer – English or French. The level of language is part of the assessment by the officer to ensure that the applicant is capable of performing the work sought.\nLMIA information in GCMS\nIn addition to the LMIA Confirmation Letter provided to the employer, information is entered into the ESDC LMIA system that is required to be refreshed in real time in GCMS each time an LMIA is reviewed.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: LMIA process with ESDC (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/validity-suspension-duration-employment.html" + }, + { + "id": "pdi-tr-38-3-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessment Review - Temporary Foreign W — LMIA process with ESDC", + "marginal_note": "LMIA process with ESDC", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The same fields from the positive LMIA Employment Details portion are in GCMS. However, the information held in GCMS has more details.\nWhen an LMIA system file number is entered into GCMS and refreshed, the most up-to-date information is pulled from the ESDC LMIA system. There are additional fields in GCMS for:\nHours of work per day/week.\nBenefits: any additional benefits such as health care, etc.\nDuties: a complete list of all duties required for the position. These may be specified by the employer, what is stated in the Main duties list found in the NOC for the specific occupation, or a combination of both.\nRequirements: this may be the list of requirements as specified by the employer. However, ESDC may include the requirements from the NOC for the specific occupation as well.\nESDC Comments: This is the field that ESDC uses to provide notes or comments directed to IRCC. Officers processing work permit applications should review any text in this field for name changes, specific expiry dates of employment duration, etc.\nWorker(s): A list of the last name, given name, date of birth and country of residence as provided to ESDC by the employer.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: LMIA process with ESDC (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/validity-suspension-duration-employment.html" + }, + { + "id": "pdi-tr-38-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessment Review - Temporary Foreign W — Reviewing the fields of the LMIA and applying the NOC employ", + "marginal_note": "Reviewing the fields of the LMIA and applying the NOC employment requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "IRCC and CBSA assess the foreign national making the work permit application. The processing officer must be satisfied that all the requirements of section 200 of the IRPR are met. If an LMIA is required as per subparagraph R200(1)(c)(iii) , the officer processing the work permit application must determine whether the applicant meets the requirements of paragraphs R203(1)(a) to (g) .\nA positive determination is contingent on the officer being satisfied that\nthe worker named in the LMIA is the foreign national who is applying for a work permit\nthe foreign national will leave Canada at the end of their authorized stay\nthe job offer is genuine under subsection R200(5) , including\nA public list of employers who have been non-compliant\nEmployer name changes and corporate restructurings\nemployment of the foreign national is likely to have a neutral or positive effect on the labour market in Canada, using the assessment provided by ESDC and any other relevant information\nissuance of the work permit is not inconsistent with any federal – provincial agreements\nthe employer has previously met all conditions imposed on them, as there is no known adverse information in the system, on file or publicly available.\nIn addition, the officer processing the work permit application must be satisfied that the foreign national is not described in subsection R200(3) which prohibits them from issuing a work permit.\nNote: Paragraph R200(3)(a) states that an officer shall not issue a work permit to a foreign national if there are reasonable grounds to believe that the foreign national is unable to perform the work sought.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing the fields of the LMIA and applying the NOC employment requirements (part 1 of 13)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/validity-suspension-duration-employment.html" + }, + { + "id": "pdi-tr-38-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessment Review - Temporary Foreign W — Reviewing the fields of the LMIA and applying the NOC employ", + "marginal_note": "Reviewing the fields of the LMIA and applying the NOC employment requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As part of the assessment to ensure that the foreign national is not described in paragraph R200(3)(a) , the processing officer must assess whether the foreign national meets the employment requirements, including experience, education, language, training and any other elements specified in the LMIA and stated in the NOC for that specific occupation. In addition, the officer must determine whether there are any other factors that may prevent the foreign national from being able to perform the work sought.\nLMIA Decision section\nOfficers should, at minimum, review these specific fields in the Decision section.\nDecision: In order to make the determination under section R203, officers should review the ESDC assessment:\nConfirmed: positive decision on the LMIA request\nRevoked: LMIA has been revoked based on one of the public policy considerations\nSuspended: LMIA effect has been suspended. Therefore, it is as if no LMIA exists\nRefused: negative decision on the LMIA request\nValid to: The officer is required to ensure that the LMIA was valid at the time of receipt of the initial work permit application . As per subsection R203(3.1) , an assessment by ESDC shall indicate the period during which the assessment is in effect for an officer to make the determination on a work permit application. This is the date by which a work permit application must be received by IRCC or CBSA.\nThe period is referred to as the LMIA validity or expiry date and is indicated on the paper copy of the LMIA in the “LMIA Validity Period” field.\nIn general, the period of validity of the LMIA to support a work permit application is 18 months.\nNote: In certain cases where an employer has specific timelines for a short employment opportunity, ESDC may issue LMIAs that expire in under 18 months.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing the fields of the LMIA and applying the NOC employment requirements (part 2 of 13)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/validity-suspension-duration-employment.html" + }, + { + "id": "pdi-tr-38-4-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessment Review - Temporary Foreign W — Reviewing the fields of the LMIA and applying the NOC employ", + "marginal_note": "Reviewing the fields of the LMIA and applying the NOC employment requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The LMIA validity date does not affect the processing time needed by IRCC or CBSA after the work permit application is submitted with the supporting LMIA.\nIf an LMIA has been suspended and is subsequently “reconfirmed,” ESDC will change the Valid To date to ensure that the employer will always have sufficient cumulative time allowed validity for the foreign worker to submit their work permit application.\nApplications received after the LMIA validity date\nWork permit applications received after the LMIA validity date has passed should be refused, as they do not meet the requirement of section R200 for the issuance of a work permit.\nApplicants initiating a work permit application at a port of entry (POE) are required to have a valid LMIA when seeking entry to Canada. If the LMIA validity date has passed, the LMIA can no longer be used to support the work permit application. In addition, the requirements of section R198 for applying at a POE would not be met.\nDetails and Job Details sections\nNOC: The occupational code is chosen by ESDC based on the duties and employment requirements specified by the employer. Since this code is listed on the LMIA approval letter, the IRCC officer will use the same code to determine the specific employment requirements for Canada.\nThe NOC code provides the broad occupational category, the training, education, experience and responsibilities (TEER) skill level, the major, sub-major ,minor and unit grouping of occupations. The TEER skill level is divided into six categories – 0 to 5. The TEER category 0 is senior management, and categories 1 to 5 are based on level of education or training required with ‘1’ being occupations that require university education and 5 being ‘on the job’ training.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing the fields of the LMIA and applying the NOC employment requirements (part 3 of 13)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/validity-suspension-duration-employment.html" + }, + { + "id": "pdi-tr-38-4-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessment Review - Temporary Foreign W — Reviewing the fields of the LMIA and applying the NOC employ", + "marginal_note": "Reviewing the fields of the LMIA and applying the NOC employment requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: Each TEER category is intended to reflect commonly accepted paths to employment in an occupation. Where there are several paths to employment, the TEER category most commonly identified by employers is used, considering the context of the occupation and the trends in hiring requirements.\nFor this reason, officers must be satisfied that the foreign national meets the employment requirements of the occupation as well as what the employer is requesting. This assessment will ensure that the foreign national could move between employers in the same occupation with a new work permit.\n# of positions: This is the number of approved positions. All positions are under the same employer and NOC and should have the same employment requirements. Processing officers cannot issue more work permits than positions, and there should not be more names in the Foreign Worker Names list than stated in this field.\nAny work permit requests received from applicants who are not named in the Foreign Worker Names list should be assessed as not having a positive or neutral determination by ESDC.\nImportant: The only exception to this is the Seasonal Agricultural Worker Program where LMIAs are approved with all positions unnamed, and IRCC must match the number of positions with the number of work permits approved.\nDuration: This is the total period of time that the employer has specified that they need the worker for. See Duration of employment as per the LMIA for more information.\nHours of work and Hours per Week fields: Normally these fields will indicate the hours of expected work per day and accumulated for the week. Officers should take note of whether the hours are full or part time.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing the fields of the LMIA and applying the NOC employment requirements (part 4 of 13)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/validity-suspension-duration-employment.html" + }, + { + "id": "pdi-tr-38-4-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessment Review - Temporary Foreign W — Reviewing the fields of the LMIA and applying the NOC employ", + "marginal_note": "Reviewing the fields of the LMIA and applying the NOC employment requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: Officers should ensure that wages and hours worked are sufficient for the foreign national to support themselves and any dependent family members, or if they might become inadmissible under section 39 of the Immigration and Refugee Protection Act.\nWages and Benefits fields: For most LMIA streams, the wage must be equal to or exceed the prevailing wage for the job in the region where it will be located. Wages are used to determine if the LMIA should be submitted in the high- or low-wage stream.\nIf the employer is paying a wage that is\nat or above the provincial or territorial median hourly wage, they are to submit an application in the Stream for high-wage positions\nbelow the provincial or territorial median hourly wage, they are to submit under the Stream for low-wage positions\nOfficers should review the wages as part of the genuineness assessment required by section R203 and to ensure that the foreign national is able and willing to support themselves and any other person who is dependent on them (A39).\nDoes the wage per hour meet the minimum wage requirements for the province of destination?\nIs the wage sufficient for the worker to support themselves and any accompanying family members without working elsewhere?\nIf the wages or alternate compensation scheme is insufficient for the cost of living, does the foreign national have sufficient savings to support themselves?\nCan the employer prove that they have sufficient funds/income to pay the wages for that period of time? [subsection R200(5) – genuineness factor]\nIs the employer providing housing/food/transportation? Would the employer be able to support these benefits in addition to the wages for all the workers they have on their payroll?", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing the fields of the LMIA and applying the NOC employment requirements (part 5 of 13)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/validity-suspension-duration-employment.html" + }, + { + "id": "pdi-tr-38-4-p6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessment Review - Temporary Foreign W — Reviewing the fields of the LMIA and applying the NOC employ", + "marginal_note": "Reviewing the fields of the LMIA and applying the NOC employment requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Duties: The LMIA may specify duties as provided by the employer, as listed in the NOC, or both. The NOC occupational description should be used as a guideline for what the foreign national requires in order to perform that occupation. The lead statement provides a general description of a unit group and indicates the main activities of occupations within the unit group. It also indicates the kinds of industries or establishments in which the occupations are typically found. The list of places of employment is not exhaustive, but can assist in clarifying the occupations described and in differentiating them from occupations found in other groups.\nThe main duties section describes the most significant duties of the occupations in the group. It may include:\na series of statements that can be applied to all occupations in the group;\ntwo or more sub-sets of occupations with statements that apply to each sub-set or component; and/or\na series of brief statements that are linked to specific occupations, that, while similar enough to be in the same group, can be described separately.\nWhen determining if the foreign national can perform the work sought, the officer should take into account the lead statement and main duties of the occupation. Officers should consider at minimum the following:\nDo the duties require a level of proficiency in English or French? For example, a front counter attendant will require a higher level of proficiency than an unskilled labourer in landscaping.\nDo the duties require a level of physical ability? For example, will the foreign national be required to lift more than 23 kg (50 lbs.) or stand for long periods of time? Is the work performed indoors or outdoors?", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing the fields of the LMIA and applying the NOC employment requirements (part 6 of 13)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/validity-suspension-duration-employment.html" + }, + { + "id": "pdi-tr-38-4-p7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessment Review - Temporary Foreign W — Reviewing the fields of the LMIA and applying the NOC employ", + "marginal_note": "Reviewing the fields of the LMIA and applying the NOC employment requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Do the duties require certain skills that the foreign national should have? For example, will the foreign national be leading a team, therefore, requiring supervisory skills or abilities? Will the foreign national be giving training to others, which would require both language proficiency and an understanding of training methods?\nIs their past work experience related to the current proposed duties? For example, the foreign national has years of experience as a chef but has accepted a position as a front counter supervisor of a fast food restaurant.\nRequirements: Employment requirements are prerequisites generally needed to enter an occupation. Several types of requirements are listed:\ntype and level of education, including specific subject matter if relevant, starting with the lowest possible requirement for entry into the occupation;\nspecific training required, including apprenticeship, on-the-job, or internal training;\nexperience in a related occupation, especially for supervisory or managerial occupations;\nlicences, certificates, or affiliations; and/or\nother requirements not dependent on formal education, such as athletic abilities, artistic talent, or presentation of a portfolio.\nWhile some occupations have very specific employment requirements, others have a wide range of acceptable requirements. The following terminology is used to indicate the level of the requirement:\n“Is required” indicates a mandatory requirement.\n“Is usually required” means that the qualification is generally expressed as required by a majority of employers, but not always mandatory.\n“May be required” describes requirements that some employers may impose but are not universal.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing the fields of the LMIA and applying the NOC employment requirements (part 7 of 13)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/validity-suspension-duration-employment.html" + }, + { + "id": "pdi-tr-38-4-p8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessment Review - Temporary Foreign W — Reviewing the fields of the LMIA and applying the NOC employ", + "marginal_note": "Reviewing the fields of the LMIA and applying the NOC employment requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Important: If the decision is made to refuse a work permit application because the foreign national does not meet the employment requirements, processing officers should demonstrate in their refusal notes how these requirements were considered in the overall evidence submitted by the applicants.\nQualities related to personal suitability that may have an impact on employability are not described in the classification. These factors are subjective and determined by employers and assessed during the hiring process.\nNote: Some occupations are designated as regulated professions and trades . Regulations are subject to change and may vary across jurisdictions. The most reliable information on regulatory requirements for occupations is found on provincial regulatory organizations and licensing authorities’ websites.\nDuration of employment as per the LMIA\nThe LMIA validity date should not be confused with the duration of employment specified in the LMIA. The duration in the LMIA is the period of time the employer has requested for the foreign worker to be available to them and to which ESDC has agreed.\nThis can be indicated as a number of days, months or years. Where seasonal employment or short duration employment is approved, a specific End Date may be entered into ESDC Comments on the Employment Details – LMIA view tab.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing the fields of the LMIA and applying the NOC employment requirements (part 8 of 13)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/validity-suspension-duration-employment.html" + }, + { + "id": "pdi-tr-38-4-p9", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessment Review - Temporary Foreign W — Reviewing the fields of the LMIA and applying the NOC employ", + "marginal_note": "Reviewing the fields of the LMIA and applying the NOC employment requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Important: Officers must not issue work permits for a longer validity than the duration of employment specified in the LMIA. To do so will extend the conditions imposed on the employer beyond what they have agreed to. If a foreign national wishes to remain in Canada after the expiry of their period of work, officers may specify a longer date than the work permit validity in the condition imposed under section R185 Must leave Canada by [date] on the work permit. This would allow the foreign national to remain as a temporary resident, but without authorization to work.\nLMIA duration choice\nPrior to May 4, 2013, employers seeking to hire a foreign national for a permanent full-time position would seek an Arranged Employment Opinion (AEO). There was no labour market assessment completed as part of the AEO process. Therefore, it could not be used to support a work permit application.\nOn May 4, 2013, the IRPR was amended to specify that all employers were required to apply for a labour market assessment regardless of whether the employment was permanent or temporary in duration.\nAn employer may submit a request to ESDC for an LMIA for one of the following:\ntemporary duration to support only a work permit application; the LMIA processing fee is charged\npermanent duration to support an Economic class permanent residence application (for example, Federal Skilled Worker, Canadian Experience Class, etc.); no LMIA processing fee is charged\na combination of permanent and temporary duration to support both a permanent residence and a work permit application; the LMIA processing fee is charged.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing the fields of the LMIA and applying the NOC employment requirements (part 9 of 13)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/validity-suspension-duration-employment.html" + }, + { + "id": "pdi-tr-38-4-p10", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessment Review - Temporary Foreign W — Reviewing the fields of the LMIA and applying the NOC employ", + "marginal_note": "Reviewing the fields of the LMIA and applying the NOC employment requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: Since July 2013 a fee has been charged by ESDC for processing the LMIA application. IRCC does not have the regulatory authority to refuse the issuance of a work permit based solely on whether the LMIA fee was paid. Officers are to process all work permit applications with a valid LMIA, regardless of whether ESDC has received an LMIA fee payment.\nPassport expiry effect on duration of work\nSection R52 requires a foreign national to hold a passport that is valid for the entire length of their stay. Processing officers should issue a work permit for the duration of work indicated in the LMIA provided that the passport is valid for the entire period.\nWhere the passport expires before the specified duration of work, the work permit must be issued for a shorter duration than identified in the LMIA. For example, if the LMIA work duration is 2 years but the foreign national’s passport will expire in 1 year, the officer will issue a 1-year work permit.\nIn cases where a shorter duration was provided due to passport expiry only , foreign nationals will be able to renew their work permits without obtaining a new LMIA if they have received a passport with longer validity. Even though the LMIA validity date has passed, the foreign national met the initial time frame for application, and his work permit can therefore be extended for the duration outlined in the initial LMIA, from the date of initial entry.\nProcessing officers should record the reason(s) in the GCMS Case Notes view tab or in User Remarks when a work permit is issued for a shorter duration than is indicated in the LMIA.\nEffect of maintained status on duration of work for same employer", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing the fields of the LMIA and applying the NOC employment requirements (part 10 of 13)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/validity-suspension-duration-employment.html" + }, + { + "id": "pdi-tr-38-4-p11", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessment Review - Temporary Foreign W — Reviewing the fields of the LMIA and applying the NOC employ", + "marginal_note": "Reviewing the fields of the LMIA and applying the NOC employment requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When issuing a work permit based on an approved LMIA for foreign nationals who are working under paragraph R186(u) and applying to continue working with the same employer, the officer should calculate the extension period from the expiry date of the previous work permit and not from the date of approval. This ensures that the duration of work as stated in the LMIA is respected.\nFor example, if the employment duration in the LMIA is 12 months and the foreign worker had been on maintained status with authority to work without a permit for 3 months before a decision was made on the work permit application, the officer should issue a work permit that is valid for 9 months from the date of the decision.\nWork permit validity\nWhen authorizing a work permit abroad, migration officers must calculate the work permit Valid To date from the date the work permit is approved and for the duration of the employment period specified in the LMIA, provided this is not limited by the validity of the passport or other statutory requirements.\nSince there may be a delay in the foreign national’s arrival in Canada, the migration officer provisionally approving the work permit application should include a User Remark or a Case Note in GCMS indicating that the work permit should be issued at the POE for the duration of employment as per the Duration field in the Employment Details – LMIA view tab.\nFor example, the migration officer abroad should specify the following in the User Remarks “Issue XX month work permit from the date of entry .” This allows the employer in Canada to receive the full duration of time they requested in their LMIA application.\nImportant: CBSA officers will primarily rely on the User Remarks to determine the duration of employment upon entry in Canada.\nCase examples", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing the fields of the LMIA and applying the NOC employment requirements (part 11 of 13)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/validity-suspension-duration-employment.html" + }, + { + "id": "pdi-tr-38-4-p12", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessment Review - Temporary Foreign W — Reviewing the fields of the LMIA and applying the NOC employ", + "marginal_note": "Reviewing the fields of the LMIA and applying the NOC employment requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Abroad\nThe applicant received an LMIA with a Valid To date of December 31, 2021, for a duration of employment of 24 months. The work permit application must be received on or before December 31, 2021. If the work permit application is received on August 1, 2021, and the migration officer makes the final decision to approve it on August 31, 2021, the final duration of the work permit is August 30, 2023 (24 months after the date of approval). Since several months have passed since the approval of the LMIA, the migration officer may enter the User Remark to request that CBSA issue the work permit for 24 months from the date of entry unless there is a specific end date in the ESDC Comments field.\nAt POEs\nThe applicant arrives at a POE on December 30, 2021, and has a passport valid for 3 years. The Border Services Officer issues the work permit from the date of entry in Canada to December 29, 2023 (the 24 months provided in the Duration field).\nImportant: Where there is no reason to limit duration, officers should issue the work permit for the complete expected duration of the employment. It is in the best interests of both applicant and government to minimize the number of extensions to be processed.\nValidity of work permit where the duration of the LMIA is “Indeterminate/Permanent”\nThe employer has the choice of requesting an LMIA to support a temporary labour shortage and in these cases, the Duration field will indicate a specific timeframe. However, when the employer requests an LMIA to fill a permanent position, that will support a permanent resident application. In the Job Details section under the Employment Detail – LMIA view tab in GCMS, the Duration field will indicate “indeterminate/permanent.”", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing the fields of the LMIA and applying the NOC employment requirements (part 12 of 13)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/validity-suspension-duration-employment.html" + }, + { + "id": "pdi-tr-38-4-p13", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour Market Impact Assessment Review - Temporary Foreign W — Reviewing the fields of the LMIA and applying the NOC employ", + "marginal_note": "Reviewing the fields of the LMIA and applying the NOC employment requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Work permits are issued to authorize a temporary period of work. They cannot be issued with an indeterminate validity date. If the foreign national meets the requirements set out in an LMIA with a permanent duration, the work permit will be issued for a maximum period of 2 years to provide the foreign national with reasonable time to submit their permanent resident application.\nA new LMIA would be required if the foreign national had not submitted their application for permanent residence in that 2-year period.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing the fields of the LMIA and applying the NOC employment requirements (part 13 of 13)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/validity-suspension-duration-employment.html" + }, + { + "id": "pdi-tr-39-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Revocation or suspension of Labour Market Impact Assessment and effect on work p", + "marginal_note": "Revocation or suspension of Labour Market Impact Assessment and effect on work permit – Temporary Foreign Worker Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nIn 2013, the Immigration and Refugee Protection Act (IRPA) was amended to provide the Minister of Employment and Social Development Canada (ESDC) with the authority to issue Ministerial Instructions (MIs) specifying when a Labour Market Impact Assessment (LMIA) can be revoked or suspended and when the processing of a request for an LMIA can be refused based on public policy.\nSubsection 30(1.43) of the IRPA allows the Minister of ESDC to\n(a) revoke an assessment provided with respect to an application for a work permit\n(b) suspend the effects of the assessment\n(c) refuse to process a request for such an assessment\nwhere public policy considerations exist.\nThe public policy considerations specified in the MIs were updated on April 15, 2016: Instructions Given by the Minister of Employment and Social Development Prescribing Public Policy Considerations Pursuant to Subsection 30(1.43) of the Immigration and Refugee Protection Act\nFor consistency with ESDC’s MIs to suspend LMIAs, the Minister of IRC issued MIs under paragraph A87.3(3)(a.1) , directing officers to suspend the processing of applications for work permits under subparagraph R200(1)(c)(iii) where the relevant approved LMIA has been suspended by ESDC.\nThe Ministerial Instructions regarding the processing of certain work permit applications took effect on December 31, 2013 and were updated on April 20, 2016.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Revocation or suspension of Labour Market Impact Assessment and effect on work permit – Temporary Foreign Worker Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/revocation-suspension-lmia.html" + }, + { + "id": "pdi-tr-39-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Revocation or suspension of Labour Market Impact Assessment — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Revocation of an LMIA\nSuspension of an LMIA\nSuspension instructions for work permit applications\nApplication received before suspension and no final decision made before the LMIA is suspended\nApplication is received after an LMIA is suspended\nApplication provisionally approved but work permit not issued before the LMIA is suspended", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/revocation-suspension-lmia.html" + }, + { + "id": "pdi-tr-39-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Revocation or suspension of Labour Market Impact Assessment — Revocation of an LMIA", + "marginal_note": "Revocation of an LMIA", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The revocation of an LMIA means overturning the initial decision based on new information, which changes the opinion from positive to negative .\nAn LMIA may be revoked if it has not yet expired, work permits have not been issued by IRCC, or if one or more of the following circumstances apply:\nthe employer has provided false, misleading or inaccurate information in the request for that assessment\nnew information becomes available after a positive LMIA has been issued, indicating that the employment of the foreign national under the work permit is having or will have a significant negative effect on the labour market in Canada\nthe employer has been found non-compliant after an inspection\nThe revocation of an LMIA should be based on reliable and documented evidence that confirms that the new information or altered circumstances would have had an impact on the assessment of the factors listed under section R203 .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Revocation of an LMIA", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/revocation-suspension-lmia.html" + }, + { + "id": "pdi-tr-39-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Revocation or suspension of Labour Market Impact Assessment — Suspension of an LMIA", + "marginal_note": "Suspension of an LMIA", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The suspension of an LMIA means that the LMIA is no longer valid for the purposes of submitting a work permit application until the suspension is lifted .\nUnder paragraph A30(1.43)(b) , the LMIA of a positive or neutral effect may be suspended if it has not yet expired, work permits have not been issued by IRCC, or if one or more of the following circumstances apply:\nthe employer has provided false, misleading or inaccurate information in the request for that assessment\nnew information becomes available after a positive LMIA has been issued, that, if known at that time, would have led to a different assessment\nthere are reasonable grounds to suspect that the employer is not complying with the conditions set out in sections R209.3 or R209.4\nthe employer has been found non-compliant after an inspection\nThe suspension of an LMIA should be based on reliable and documented evidence that confirms that the new information or altered circumstances would have had an impact on the assessment of the factors listed under section R203.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Suspension of an LMIA", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/revocation-suspension-lmia.html" + }, + { + "id": "pdi-tr-39-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Revocation or suspension of Labour Market Impact Assessment — Suspension instructions for work permit applications", + "marginal_note": "Suspension instructions for work permit applications", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Important: When an LMIA (i.e. system file number) is suspended, all of the positions listed on that LMIA are suspended.\nApplication received before suspension and no final decision made before the LMIA is suspended\nWhen IRCC receives a work permit application (for either a new permit or an extension) that is supported by a valid LMIA but ESDC subsequently suspends the LMIA, the work permit application will be suspended until ESDC has either lifted the suspension or revoked the LMIA.\nImportant: Officers should always refresh the Employment Details – LMIA sub-view tab before making any decision, to ensure they have the most up-to-date LMIA information.\nIf the Decision field or ESDC Comments field shows a status of Suspended, the work permit application will be placed on hold, and the applicant will be informed that their application is suspended as per the MIs.\nActions to be completed\nStep 1: Confirm that the LMIA was valid when the work permit application was received and that the status is Confirmed.\nThe status of the LMIA is shown in the Decision field or ESDC Comments field. The decision should be one of the following: Confirmed, Revoked or Suspended.\nConfirmed: Positive decision on the LMIA request, or the suspension was lifted with no adverse findings.\nRevoked: LMIA has been revoked based on one of the public policy considerations.\nSuspended: LMIA effect has been suspended. Therefore, it is as if no LMIA exists during suspension.\nStep 2: If the Decision field shows a status of Suspended or the ESDC Comments field indicates Suspended and a date later than the Decision Date, send a suspension notification letter to the applicant. No decision may be rendered on the work permit application until the status of the LMIA is either revoked or reconfirmed by ESDC.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Suspension instructions for work permit applications (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/revocation-suspension-lmia.html" + }, + { + "id": "pdi-tr-39-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Revocation or suspension of Labour Market Impact Assessment — Suspension instructions for work permit applications", + "marginal_note": "Suspension instructions for work permit applications", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A verification activity should be added to GCMS in the Other Reqs view tab, and a Due Date corresponding to 120 days should be entered.\nStep 3: After 120 days, check the status of the LMIA.\nIf ESDC has completed their review, the Decision and ESDC Comments fields will show as either Confirmed or Revoked. The processing of the work permit application can then continue normally.\nIf ESDC has not yet completed their review, the Decision or ESDC Comments field will continue to show Suspended. The verification activity status should remain as pending and the Due Date changed for a further 120 days.\nApplication is received after an LMIA is suspended\nAs per paragraph A30(1.43)(b) , the assessment with a positive or neutral effect on the labour market can be suspended. This means that while under suspension, an LMIA is considered non-existent (no positive or neutral opinion exists).\nA work permit application received by paper form, after the relevant LMIA has been suspended by ESDC, should be returned (i.e., rejected) under section R12 as incomplete. When the application is submitted online, the application should be refused under subparagraph R200(1) (iii).\nIRCC officers should not accept a work permit application whose supporting LMIA is suspended. The foreign national will have to resubmit their work permit application once the LMIA has been reconfirmed.\nFor Border Services Officers (BSOs) with the Canada Border Services Agency, a foreign national with a suspended LMIA is not eligible to apply at the port of entry as the foreign national would not meet the requirements of paragraph R198(2)(a) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Suspension instructions for work permit applications (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/revocation-suspension-lmia.html" + }, + { + "id": "pdi-tr-39-4-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Revocation or suspension of Labour Market Impact Assessment — Suspension instructions for work permit applications", + "marginal_note": "Suspension instructions for work permit applications", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "At the port of entry, a foreign national makes an application verbally. There is no ability for a BSO to “suspend” the work permit application. When a foreign national applies for a new work permit at the port of entry based on a suspended LMIA, the LMIA is considered “not valid” for use as the basis for a work permit until the suspension is lifted. The BSO may allow the foreign national to withdraw their work permit application or may refuse it for not meeting the requirements of subparagraph R200(1)(c)(iii) and then make a determination on whether to allow entry as a temporary resident.\nThe normal enforcement or facilitation actions will be available to BSOs to deal with admissibility issues.\nApplication provisionally approved but work permit not issued before LMIA is suspended\nWhen a foreign national arrives at a port of entry in possession of a letter of introduction for a work permit based on an LMIA and the LMIA has subsequently been suspended , the BSO should refuse to issue the work permit and should reopen the work permit application, placing it on hold until the LMIA is either reconfirmed or revoked.\nThe foreign national should be instructed to contact the processing office using the IRCC web form if they have questions.\nThe normal enforcement or facilitation actions will be available to BSOs to address admissibility issues.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Suspension instructions for work permit applications (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/revocation-suspension-lmia.html" + }, + { + "id": "pdi-tr-40-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Refusal to process or suspension of processing of a Labour Market Impact Assessm", + "marginal_note": "Refusal to process or suspension of processing of a Labour Market Impact Assessment application - Temporary Foreign Worker Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThere are certain conditions that may justify why Employment and Social Development Canada (ESDC) cannot process a labour market impact assessment (LMIA) application. These conditions include:\nRegulatory authority\nPublic policy considerations in Ministerial Instructions\nWhen ESDC refuses to process an LMIA application, or suspends the processing of an LMIA application, this decision has no initial effect on IRCC or CBSA. Neither IRCC nor CBSA knows of the processing of an LMIA until the positive determination has been provided to the work permit applicant by their employer.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Refusal to process or suspension of processing of a Labour Market Impact Assessment application - Temporary Foreign Worker Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/refusal-to-process-lmia-application.html" + }, + { + "id": "pdi-tr-40-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Refusal to process or suspension of processing of a Labour M — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Concurrent processing\nRegulatory authority\nMinisterial Instructions\nLow-wage positions above the current cap\nOn September 26, 2022, amendments were made to the Immigration and Refugee Protection Regulations to authorize the Minister of ESDC to suspend the processing of an LMIA if there is reason to suspect that an employer is not complying, or has not complied, with certain conditions under the Temporary Foreign Worker Program, and the suspected non-compliance would put the health and safety of the foreign worker at serious risk.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/refusal-to-process-lmia-application.html" + }, + { + "id": "pdi-tr-40-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Refusal to process or suspension of processing of a Labour M — Concurrent processing", + "marginal_note": "Concurrent processing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applicants whose work permit application was submitted with proof that an LMIA was requested for work in an occupation that is under one of the refusal to process regimes will not be granted 60-day concurrent processing, since ESDC will not process the LMIA application. As a result, their work permit application will be refused if the application does not include an approved LMIA at the time of receipt.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Concurrent processing", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/refusal-to-process-lmia-application.html" + }, + { + "id": "pdi-tr-40-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Refusal to process or suspension of processing of a Labour M — Regulatory authority", + "marginal_note": "Regulatory authority", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "ESDC does not have the authority to process applications from ineligible employers for the Temporary Foreign Worker Program who:\nregularly offer services in the sex industry (striptease, erotic dance, escort services or erotic massage)\nare on the Employers who have been found non-compliant list which includes employers who:\nhave been found non-compliant as result of an employer compliance review\nhave been banned from the Temporary Foreign Worker Program because non-compliance was discovered in an inspection\nare in default of payment of an administrative monetary penalty", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Regulatory authority", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/refusal-to-process-lmia-application.html" + }, + { + "id": "pdi-tr-40-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Refusal to process or suspension of processing of a Labour M — Ministerial Instructions", + "marginal_note": "Ministerial Instructions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As a result of public policy considerations as determined in Ministerial Instructions, ESDC may refuse to process an LMIA application for:\nlow-wage positions above the current cap\nin-home caregiver positions where there is a live-in requirement\nany position if the employer has had an LMIA revoked in the past 2 years\nLow-wage positions above the current cap\nLow-wage positions, if the employer is above the current cap on the proportion of low-wage temporary foreign workers for the same positions at the same work location.\nPrevious revocation\nESDC may refuse to process the LMIA application for any position if the employer has had an application revoked in the past 2 years for having provided false, misleading or inaccurate information.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Ministerial Instructions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/refusal-to-process-lmia-application.html" + }, + { + "id": "pdi-tr-41-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work permits for caregiver pathways – Temporary Foreign Worker Program and Inter", + "marginal_note": "Work permits for caregiver pathways – Temporary Foreign Worker Program and International Mobility Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "IRCC implemented several different pathways for caregivers after the zero cap on the Live-in Caregiver Program (LCP) was imposed on November 30, 2014. The Immigration and Refugee Protection Regulations (IRPR) were subsequently changed to remove the LCP.\nThis page provides a brief overview of the different work permits available for each pathway. For a quick reference, refer to the Caregiver temporary residence programs comparison table (PDF, 282 KB) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work permits for caregiver pathways – Temporary Foreign Worker Program and International Mobility Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/changes-work-permits-issued-caregivers.html" + }, + { + "id": "pdi-tr-41-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work permits for caregiver pathways – Temporary Foreign Work — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Home Child Care Provider Pilot and Home Support Worker Pilot (June 18, 2019 to June 17, 2024)\nInterim Pathway for Caregivers (March 4 to October 8, 2019)\nCaring for children pilot and Caring for people with high medical needs pilot (November 30, 2014 to June 17, 2019)\nLive-in Caregiver Program (LCP) before November 30, 2014\nWork permit applications under the Temporary Foreign Worker Program (TFWP) without a pathway to permanent residence", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/changes-work-permits-issued-caregivers.html" + }, + { + "id": "pdi-tr-41-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work permits for caregiver pathways – Temporary Foreign Work — Home Child Care Provider Pilot and Home Support Worker Pilot", + "marginal_note": "Home Child Care Provider Pilot and Home Support Worker Pilot (June 18, 2019 to June 17, 2024)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "On June 18, 2019, ministerial instructions (MIs) were issued to create 2 new permanent residence pilots for caregivers. The MIs were changed on April 30, 2023. The pilots are\nthe Home Child Care Provider Pilot (HCCPP)\nthe Home Support Worker Pilot (HSWP)\nThe pilots are only for the National Occupational Classification (NOC) codes:\nBefore November 16, 2022\nHCCPP: NOC 4411\nHSWP: NOC 4412\nNovember 16, 2022 and after\nHCCPP: NOC 44100\nHSWP: NOC 44101\nThe permanent residence requirements for the 2 permanent residence pilots are assessed upfront, except for the eligible Canadian work experience, unless the applicant has already acquired it.\nApplicants who do not have the work experience are issued an occupation-restricted open employer work permit under paragraph 205(a) of the IRPR (administrative code C90). The work permit allows applicants to work for any employer under NOC code 4411 or 4412 (NOC 2016) or NOC 44100 or 44101 (NOC 2021).\nApplicants who receive an approval in principle on their permanent residence application under the caregiver pilots are eligible to apply for a bridging open work permit .\nFor instructions:\nOccupation-restricted open work permits under the Home Child Care Provider Pilot or Home Support Worker Pilot – Category A applicants [R205(a) – C90] – International Mobility Program\nBridging open work permits for certain economic class permanent residence applicants [R205(a) - A75] – International Mobility Program", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Home Child Care Provider Pilot and Home Support Worker Pilot (June 18, 2019 to June 17, 2024)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/changes-work-permits-issued-caregivers.html" + }, + { + "id": "pdi-tr-41-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work permits for caregiver pathways – Temporary Foreign Work — Interim Pathway for Caregivers (March 4 to October 8, 2019)", + "marginal_note": "Interim Pathway for Caregivers (March 4 to October 8, 2019)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The public policy under section 25.2 of the Immigration and Refugee Protection Act for the Interim Pathway for Caregivers permanent resident program was only valid from March 4 to June 4, 2019, and then from July 8 to October 8, 2019. It is now closed to new applications .\nApplicants who have received a positive eligibility assessment of their application for permanent residence under the Interim Pathway for Caregivers public policy are eligible for an open work permit under paragraph R207(d) (Labour Market Impact Assessment [LMIA] exemption code A70).\nFor instructions:\nOpen work permits for applicants under the Interim Pathway for Caregivers", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Interim Pathway for Caregivers (March 4 to October 8, 2019)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/changes-work-permits-issued-caregivers.html" + }, + { + "id": "pdi-tr-41-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work permits for caregiver pathways – Temporary Foreign Work — Caring for children pilot and caring for people with high me", + "marginal_note": "Caring for children pilot and caring for people with high medical needs pilot (November 30, 2014, to June 17, 2019)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The caring for children and caring for people with high medical needs classes are 2 economic pilot programs targeted to foreign nationals who have had at least 2 years of full-time Canadian work experience in an eligible caregiver occupation, and who meet the minimum education and language proficiency requirements.\nThe program was implemented through MIs issued on November 30, 2014.\nPermanent residence applicants in these pilots may be eligible for a bridging open work permit under paragraph R205(a) (LMIA exemption code A75).\nFor instructions:\nBridging open work permits for certain economic class permanent residence applicants [R205(a) - A75] – International Mobility Program", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Caring for children pilot and caring for people with high medical needs pilot (November 30, 2014, to June 17, 2019)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/changes-work-permits-issued-caregivers.html" + }, + { + "id": "pdi-tr-41-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work permits for caregiver pathways – Temporary Foreign Work — Live-in Caregiver Program (LCP) before November 30", + "marginal_note": "Live-in Caregiver Program (LCP) before November 30, 2014", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Given that one of the permanent residence requirements, under the repealed section R113 was for live-in caregivers to obtain their work experience within the 4 years immediately following their entry to Canada, the total duration of all LCP work permits (added together) should not exceed 4 years and 3 months. All LCP work permit holders should now have met their 4-year cap and must have applied for permanent residence to obtain an open work permit under LMIA exemption code A71 .\nThe 4-year cap does not include open work permits issued for live-in caregivers who currently have an LCP permanent residence application in processing under LMIA exemption code A71 .\nNote: If the live-in caregiver has reached the limit and is applying for an extension or a new work permit under the program, the Case Processing Centre in Edmonton should refer the case to the relevant IRCC local office for further assessment as per section 8, Chapter 4 of the Inland Processing (IP) manual.\nOfficers should confirm that\nthe LMIA was issued for 6474 (NOC 2006) or 4411 (NOC 2011/2016)\nthe live-in requirement is met\nthe initial LCP work permit was issued based on an LMIA received on or before November 30, 2014\nless than 4 years and 3 months have elapsed since the initial LCP work permit was issued\nIn these circumstances, the officer should use the special program code “LCP” when issuing work permit renewals, with “Case Type” code 57.\nThese applications for renewal must continue to be processed against the criteria listed in the repealed section R112 .\nForeign nationals who have submitted an application for permanent residence under the LCP may be eligible for an open work permit under LMIA exemption code A71 .\nFind more information on how to determine the receipt date for an LMIA .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Live-in Caregiver Program (LCP) before November 30, 2014", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/changes-work-permits-issued-caregivers.html" + }, + { + "id": "pdi-tr-41-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work permits for caregiver pathways – Temporary Foreign Work — Work permit applications under the Temporary Foreign Worker ", + "marginal_note": "Work permit applications under the Temporary Foreign Worker Program (TFWP) without a pathway to permanent residence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: The instructions in this section also apply to LMIA-required work permit applications received on or after June 18, 2019.\nSince November 30, 2014, foreign nationals who have job offers and LMIAs for in-home caregiving occupations (live-in and live-out) have had their work permits assessed and processed as part of the general temporary foreign worker stream.\nMIs implemented on June 18, 2019 , and revised on April 22, 2022, instruct officers to refuse to process work permit applications received under the TFWP for caregiver occupations in specific circumstances.\nThe revised MIs\nclarify that the refusal to process work permit applications for the specific occupations (NOC 4411 and 4412 [NOC 2016]) or NOC 44100 or 44101 [NOC 2021] – home child care workers and home support workers) includes applications submitted at ports of entry\nprevent foreign nationals currently not authorized to work or study (whether they are physically within or outside Canada) from obtaining a new caregiver work permit under the TFWP unless they are exempt\nFor instructions:\nRefusal to process LMIA-required work permit applications for caregivers received on or after June 18, 2019\nIn-home caregivers who have an approved employer for LMIA applications submitted to Employment and Social Development Canada (ESDC) on or after November 30, 2014, and who are not impacted by the refusal to process implemented by the MIs on June 18, 2019, and revised on April 22, 2022, may be eligible to obtain a work permit under the TFWP.\nForeign nationals who are not impacted by the refusal to process are named in an approved LMIA submitted to ESDC after June 18, 2019, and\nare in Canada with a job offer located anywhere in Canada and are renewing a work permit with a caregiver occupation or\nare in or outside Canada with a job offer located in Quebec for a caregiver occupation\nIn these circumstances, officers must use the\nspecial program code: LSP (do not use LCP)\ncase type: code 53", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work permit applications under the Temporary Foreign Worker Program (TFWP) without a pathway to permanent residence", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/changes-work-permits-issued-caregivers.html" + }, + { + "id": "pdi-tr-42-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Refusal to process work permit applications for caregivers where the LMIA applic", + "marginal_note": "Refusal to process work permit applications for caregivers where the LMIA application was received under the Temporary Foreign Worker Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nMinisterial instructions (MIs) that take effect on June 18, 2024 instruct officers to refuse to process work permit applications received under the Temporary Foreign Worker Program (TFWP) for caregiver occupations in specific circumstances. Similar instructions have been issued in June 2019 , and in 2022 to ensure eligible applicants use permanent resident programs and consequently have a clear pathway from temporary to permanent residence.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Refusal to process work permit applications for caregivers where the LMIA application was received under the Temporary Foreign Worker Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/changes-work-permits-issued-caregivers/refusal-to-process.html" + }, + { + "id": "pdi-tr-42-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Refusal to process work permit applications for caregivers w — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Refusal to process criteria\nWho is subject to the refusal to process\nExemption from refusal to process criteria\nApplicants destined to work in Quebec\nFoster parents and housekeepers\nProcessing cases subject to the refusal to process\nRefusal to process scenarios", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/changes-work-permits-issued-caregivers/refusal-to-process.html" + }, + { + "id": "pdi-tr-42-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Refusal to process work permit applications for caregivers w — Refusal to process criteria", + "marginal_note": "Refusal to process criteria", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers must not process applications for new work permits made by foreign nationals under subparagraph 200(1)(c)(iii) of the Immigration and Refugee Protection Regulations (IRPR) (i.e., with a labour market impact assessment if all of the criteria under 1 or 2 below are met .\nPart 1. For applications submitted at a port-of-entry\nthe applicant is making a work permit application on entry to Canada (per section 198 of the Immigration and Refugee Protections Regulations) and\nthe applicant intends to engage in work as described under National Occupational Classification (NOC) code 44100 (excluding foster parents) or 44101 or\nPart 2. For applications submitted before or after entry to Canada\nthe applicant is making a work permit application before entry to Canada (per section 197 ) or after entry to Canada (per section 199 of the Immigration and Refugee Protections Regulations)\nthe applicant is making a new work permit application (i.e., does not currently hold a valid work or study permit or was not, immediately preceding the application, authorized to work without a work permit under section 186 of the Immigration and Refugee Protection Regulations)\nthe applicant intends to engage in work as described under National Occupational Classification (NOC) code 44100 (excluding foster parents) or 44101 and\nthe applicant is destined for a job location outside Quebec", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Refusal to process criteria", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/changes-work-permits-issued-caregivers/refusal-to-process.html" + }, + { + "id": "pdi-tr-42-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Refusal to process work permit applications for caregivers w — Who is subject to the refusal to process", + "marginal_note": "Who is subject to the refusal to process", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The following foreign nationals are subject to the refusal to process:\nall applicants who are outside Canada\nThis rule does not apply to applicants who are destined to work in Quebec and to applicants who are work or study permit holders.\nall applicants who submit their LMIA-required work permit at the port of entry , including applicants who are destined to work in Quebec\nall visitors who are in Canada, including those who are family members of work or study permit holders or temporary resident permit (TRP) holders.\nException: The last rule above related to visitors does not apply to visitors who are destined to work in Quebec, and who\nare eligible to apply from within Canada for an employer-specific work permit under an active public policy allowing certain visitors in Canada to apply for an employer-specific work permit or\nare eligible to apply for work permit under section R199 (such as family members of work or study permit holders or TRP holders).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Who is subject to the refusal to process", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/changes-work-permits-issued-caregivers/refusal-to-process.html" + }, + { + "id": "pdi-tr-42-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Refusal to process work permit applications for caregivers w — Exemption from refusal to process criteria", + "marginal_note": "Exemption from refusal to process criteria", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applicants who don’t meet the above refusal to process criteria can obtain a work permit with a valid LMIA under the TFWP.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Exemption from refusal to process criteria", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/changes-work-permits-issued-caregivers/refusal-to-process.html" + }, + { + "id": "pdi-tr-42-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Refusal to process work permit applications for caregivers w — Applicants destined to work in Quebec", + "marginal_note": "Applicants destined to work in Quebec", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applicants who have a job offer as a caregiver from an employer in Quebec may continue to be processed for LMIAs and work permits under the TFWP. However, they are subject to the refusal to process MI if they are making an application for work permit at the port of entry. They must make their application before or after entry (if eligible to make an application inside Canada under section R199 or under an active public policy).\nNote: Officers should use the special program code “LSP” and Case Type code 53 when issuing the work permit.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Applicants destined to work in Quebec", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/changes-work-permits-issued-caregivers/refusal-to-process.html" + }, + { + "id": "pdi-tr-42-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Refusal to process work permit applications for caregivers w — Foster parents and housekeepers", + "marginal_note": "Foster parents and housekeepers", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applicants who intend to work as foster parents under NOC 44100 also fall outside the criteria of these MI. Note that under NOC 2021, light duty cleaners/housekeepers are under NOC 65310 and should be managed according to that NOC description.\nNote: Officers should use the special program code “LSP” and Case Type code 53. Officers should also add 1 of the following conditions in the user remarks on the work permit:\nmust be primarily engaged in foster parent duties (NOC 44100 under NOC 2021)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Foster parents and housekeepers", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/changes-work-permits-issued-caregivers/refusal-to-process.html" + }, + { + "id": "pdi-tr-42-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Refusal to process work permit applications for caregivers w — Processing cases subject to refusal to process", + "marginal_note": "Processing cases subject to refusal to process", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Work permit applications for caregivers submitted that meet the refusal to process criteria should not be processed.\nApplications made before or after entry\nThe applicant is to be notified of the refusal to process, and the associated work permit processing fee must be returned or refunded.\nApplications made at the port of entry\nIf a foreign national is subject to a refusal to process , the border services officer (BSO) should advise the applicant that they must apply to IRCC before entry (if they are destined to work in Quebec) or after entry (if they are eligible to apply under section R199 and are not subject to the refusal to process after entry).\nNote:\nNot qualifying for a work permit on entry does not automatically render a foreign national inadmissible to Canada.\nIf a BSO is satisfied the foreign national is otherwise admissible and will abide by the imposed temporary resident general conditions, including, “ Unless authorized, prohibited from engaging in employment in Canada ”, the BSO can authorize the foreign national to enter Canada as a temporary resident.\nFor these cases, it is recommended that a visitor record with remarks be issued.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Processing cases subject to refusal to process", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/changes-work-permits-issued-caregivers/refusal-to-process.html" + }, + { + "id": "pdi-tr-42-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Refusal to process work permit applications for caregivers w — Refusal to process scenarios", + "marginal_note": "Refusal to process scenarios", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If application is made\nThe refusal to process work permit applications applies to\nThe refusal to process work permit applications does not apply to\nOn entry at a POE\nAll foreign nationals applying for an LMIA-required work permit (NOC 44100 [excluding foster parents] and 44101)\nN/A\nBefore entry (overseas)\nForeign nationals residing outside Canada, who are destined to work outside of QC\nForeign nationals residing outside Canada who are destined to work in Quebec\nWork permit holders\nStudy permit holders\nAfter entry\nVisitors in Canada destined to work outside Quebec, including\nvisitors who are family members of work permit, study permit holders or TRP holders\nvisitors who are applying in Canada using the work permit application form for outside of Canada applicants\nWork permit holders\nForeign nationals authorized to work without a work permit under section R186 [except paragraph R186(a) – business visitors]\nStudy permit holders\nVisitors who are destined to work in Quebec and are also eligible to apply from within Canada as per section R199 or under an active public policy.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Refusal to process scenarios", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/changes-work-permits-issued-caregivers/refusal-to-process.html" + }, + { + "id": "pdi-tr-43-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour market impact assessment (LMIA) exemption codes – International Mobility ", + "marginal_note": "Labour market impact assessment (LMIA) exemption codes – International Mobility Program (IMP)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nSections 204 to 208 of the Immigration and Refugee Protection Regulations (IRPR) provide the regulatory authority to issue a work permit to a worker who does not require a labour market impact assessment (LMIA) as per subparagraphs R200(1)(c)(i) to (ii.1) .\nThere are specific situations that Immigration, Refugees and Citizenship Canada (IRCC) considers, by policy, as meeting the requirements of sections R204 through R208. In doing so, the department has created LMIA exemption streams (via unique administrative codes) to identify the different eligibilities or criteria for those specific situations. Meeting the eligibility criteria to be assessed under a LMIA-exemption category only means the applicant does not require a LMIA for their application to be processed. The officer must still be satisfied that all regulatory requirements are met for the issuance of a work permit, including all relevant factors of section R200.\nThe LMIA exemption codes are listed in the following tables.\nImportant: There were several code changes and new codes added on December 15, 2022. Officers should ensure that they are using the correct coding based on the specific work permit category instructions.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Labour market impact assessment (LMIA) exemption codes – International Mobility Program (IMP)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html" + }, + { + "id": "pdi-tr-43-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour market impact assessment (LMIA) exemption codes – Int — Legislative sections", + "marginal_note": "Legislative sections", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A25.2 Public policies\nR204: Agreements or arrangements\nR205: Canadian interests\nR206: No other means of support\nR207: Permanent residence applicants in Canada\nR207.1: Vulnerable workers\nR208: Humanitarian reasons\nInternational Mobility Workers Unit (IMWU): Port of entry (POE) assistance", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Legislative sections", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html" + }, + { + "id": "pdi-tr-43-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour market impact assessment (LMIA) exemption codes – Int — A25.2: Public policies", + "marginal_note": "A25.2: Public policies", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Immigration and Refugee Protection Act (IRPA)\nLMIA exemption code (December 14 and before)\nLMIA exemption code (December 15, 2022, and after)\nPublic policies issued under A25.2 (inside Canada):\nOpen work permits for Hong Kong recent graduates\nOptional open work permits for permanent residence pathways for Hong Kong residents\nOpen work permits for foreign nationals with a support letter from a province or territory\nPublic Policy to facilitate work permits for prospective permanent residence applicants in Quebec\nInstructions for special measures in response to global events can be found under Service delivery – Special measures .\nExpired:\nPublic policy: Open work permits for applicants under the temporary resident to permanent resident pathway\nPublic policy to issue an open work permit to certain post-graduation work permit (PGWP) holders – April 6 to December 31, 2023 – archived\nTemporary public policy: Graphic designers working on live-action television or film in Canada – September 10, 2021 to March 9, 2022\nTemporary public policy to facilitate the issuance of an open work permit to former or current PGWP holders – June 13 to December 31, 2022\nTemporary public policy to facilitate the issuance of an open work permit to former or current PGWP holders during the coronavirus (COVID-19) pandemic – January 27 to July 27, 2021\nR01\nR01\nPublic policies issued under A25.2 (outside Canada)\nInstructions for special measures in response to global events can be found under Service delivery – Special measures .\nOpen work permits for Hong Kong recent graduates\nOpen work permits for H-1B visa holders and their family members\nOpen work permits for foreign nationals with a support letter from a province or territory\nR01\nR02", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: A25.2: Public policies", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html" + }, + { + "id": "pdi-tr-43-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour market impact assessment (LMIA) exemption codes – Int — R204: Agreements or arrangements", + "marginal_note": "R204: Agreements or arrangements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "R204(a) Canada-international exemption codes\nRegulation\nLMIA exemption code (December 14 and before)\nLMIA exemption code (December 15, 2022 and after)\nCanada–international non-trade agreements\nUnique work situations:\nAirline personnel (operational, technical and ground personnel)\nUnited States government personnel\nT11\nT11\nCanada-United States-Mexico Agreement (CUSMA) Traders\nT21\nT34\nCUSMA Investors\nT22\nT35\nCUSMA Professionals\nT23\nT36\nCUSMA intra-company transferee (ICT) Executives or senior managers\nT24\nT37\nCUSMA ICT Specialized knowledge workers\nT24\nT38\nColombia – Traders\nT21\nF10\nColombia – Investors\nT22\nF11\nColombia – Professionals and technicians\nT23\nF12\nColombia – ICT Executives or senior managers\nT24\nF13\nColombia – ICT Management trainees\nT24\nF14\nColombia – ICT Specialized knowledge workers\nT24\nF15\nColombia – Spouses and common-law partners\nT25\nT25\nChile – Traders\nT21\nF20\nChile – Investors\nT22\nF21\nChile – Professionals\nT23\nF22\nChile – ICT Executives or senior managers\nT24\nF23\nChile ICT Specialized knowledge workers\nT24\nF24\nKorea, South – Traders\nT21\nF30\nKorea, South – Investors\nT22\nF31\nKorea, South – Contractual service suppliers and independent professionals\nT23\nF32\nKorea, South – ICT Executives or senior managers\nT24\nF33\nKorea, South – ICT Management trainees\nT24\nF34\nKorea, South – ICT Specialized knowledge workers\nT24\nF35\nKorea, South – Spouses and common-law partners\nT25\nF36\nPanama – Professionals\nT23\nF42\nPeru – Traders\nT21\nF50\nPeru – Investors\nT22\nF51\nPeru – Professionals and technicians\nT23\nF52\nPeru – ICT Executives or senior managers\nT24\nF53\nPeru – ICT Management trainees\nT24\nF54\nPeru – ICT Specialized knowledge workers\nT24\nF55\nGATS Professionals\nT33\nT33\nCanada-European Union Comprehensive Economic and Trade Agreement (CETA) Investors\nT46\nT46", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: R204: Agreements or arrangements (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html" + }, + { + "id": "pdi-tr-43-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour market impact assessment (LMIA) exemption codes – Int — R204: Agreements or arrangements", + "marginal_note": "R204: Agreements or arrangements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "CETA Contractual service suppliers\nT47\nT47\nCETA Engineering technologists and scientific technologists\nT48\nT48\nCETA Independent professionals\nT43\nT43\nCETA ICT Executives or senior managers\nT44\nT44\nCETA ICT Graduate trainees\nT44\nT42\nCETA ICT Specialized knowledge workers\nT44\nT41\nCETA Spouses and common-law partners of intra-corporate transferees (T44, T42 or T41)\nT45\nT45\nCPTPP Investors\nT50\nT50\nCPTPP ICT Executives or senior managers\nT51\nT51\nCPTPP ICT Management trainees\nT51\nT54\nCPTPP ICT Specialized knowledge workers\nT51\nT55\nCPTPP Professionals and technicians\nT52\nT52\nCPTPP Spouses\nT53\nT53\nUK Independent professionals\nT43\nF60\nUK – ICT – Executives or senior managers\nT44\nF61\nUK – ICT – Management trainees\nT44\nF62\nUK – ICT – Specialized knowledge\nT44\nF63\nUK Spouses of intra-corporate transferees (F61, F62 or F63)\nT45\nF64\nUK Investors\nT46\nF65\nUK Contractual service suppliers\nT47\nF66\nUK Engineering technologists and scientific technologists\nT48\nF67\nCanada–Ukraine Free Trade Agreement (CUFTA) overview\nCanada–Ukraine Free Trade Agreement (CUFTA) – Business visitors\nN/A\nCanada–Ukraine Free Trade Agreement (CUFTA) – Investors\nN/A\nF70\nCanada–Ukraine Free Trade Agreement (CUFTA) – Intra-corporate transferees\nN/A\nF71, F74\nCanada–Ukraine Free Trade Agreement (CUFTA) – Professionals\nN/A\nF72\nR204(b) Provincial/territorial-international exemption codes\nThere are no approved agreements at this time.\nR204(c) Canada-provincial/territorial exemption codes\nRegulation\nLMIA exemption code:\nDecember 14 and before\nLMIA exemption code:\nDecember 15, 2022 and after\nCanada-provincial/territorial\nNominated by a province for permanent residence\nSignificant investment projects\nExceptional or unforeseen events (such as natural disasters)\nT13\nT13\nAtlantic Immigration Program\nC18\nC18", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: R204: Agreements or arrangements (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html" + }, + { + "id": "pdi-tr-43-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour market impact assessment (LMIA) exemption codes – Int — R204: Agreements or arrangements", + "marginal_note": "R204: Agreements or arrangements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Quebec investors with notice of intent to select\n-\nT10\nR204(d) Youth mobility exemption codes\nRegulation\nLMIA exemption code:\nDecember 14 and before\nLMIA exemption code:\nDecember 15, 2022 and after\nInternational Experience Canada Program\nC21\nC21", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: R204: Agreements or arrangements (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html" + }, + { + "id": "pdi-tr-43-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour market impact assessment (LMIA) exemption codes – Int — R205: Canadian interests", + "marginal_note": "R205: Canadian interests", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "R205(a) Significant benefit exemption codes\nRegulation\nLMIA exemption code:\nDecember 14 and before\nLMIA exemption code:\nDecember 15, 2022 and after\nSignificant benefit – General\nUnique work situations\nAirline personnel (foreign airline security guards)\nInterns with international organizations recognized under the Foreign Missions and International Organizations Act\nRail grinder operators, rail welders or other specialized track maintenance workers\nExperts on mission, working for a United Nations office in Canada\nForeign physicians coming to work in Quebec\nCaribbean agricultural liaison officers\nC10\nC10\nEntrepreneurs or self-employed business owners\nUnique work situations\nFishing guides (Canadian lakes)\nForeign camp owners or directors, and outfitters\nForeign freelance race jockeys\nC11\nC11\nProvincial business candidates or Quebec self-employed applicants with a Quebec Selection Certificate (CSQ)\nC11\nC60\nICT – Executives, senior or functional managers – Existing business in Canada\nUnique work situations\nAirline personnel (station managers)\nC12\nC62\nICT – Specialized knowledge\nC12\nC63\nICT – Employees starting a branch or affiliate in Canada\nC12\nC61\nEmergency repair or repair personnel for out-of-warranty equipment\nC13\nC13\nEssential workers for the production stage of television and film\nC14\nC14\nRural and Northern Immigration Pilot\nC15\nC15\nRural and Northern Immigration Pilot spouses\nC17\nC17\nLive-in caregivers whose permanent residence application is submitted\nA71\nA71\nCaregivers whose permanent residence application is submitted under the Home Child Care Provider Pilot (HCCPP) or Home Support Worker Pilot (HSWP) (occupation-restricted open work permit)\nC90\nC90", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: R205: Canadian interests (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html" + }, + { + "id": "pdi-tr-43-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour market impact assessment (LMIA) exemption codes – Int — R205: Canadian interests", + "marginal_note": "R205: Canadian interests", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Spouses and dependants at age of majority of caregivers whose permanent residence application is submitted under the HCCPP or HSWP\nC91\nC91\nCertain Quebec Selection Certificate (CSQ) holders currently in Quebec\nA75\nA73\nPublic policy for spouse or common-law partner in Canada (SCLPC) class or family class applicants to apply in Canada\n \nA74\nBridging open work permits (BOWPs)\nA75\nA75\nPermanent resident facilitation work permit categories\nCaregivers under the HCCPP or HSWP\nYukon Community Pilot (YCP)\nA75\nA75\nQuebec Selection Certificate (CSQ) holders currently outside Quebec\nA76\nA76\nStart-up business class (SUV) permanent resident visa applicants\nA75\nA77\nR205(b) Reciprocal employment exemption codes\nRegulation\nLMIA exemption code:\nDecember 14 and before\nLMIA exemption code:\nDecember 15, 2022 and after\nReciprocal employment\nUnique work situations\nFishing guides (border lakes)\nUnited States government personnel (family members)\nC20\nC20\nResidential summer camp counsellors\nC20\nC24\nCoaches and athletes\nC20\nC26\nAcademic exchanges (professors, visiting lecturers)\nC22\nC22\nPerforming arts\nC23\nC23\nR205(c) Designated by minister\nR205(c)(i) Research exemption codes\nRegulation\nLMIA exemption code:\nDecember 14 and before\nLMIA exemption code:\nDecember 15, 2022 and after\nResearch\nC31\nC31\ni.1) Educational co-op – Post-secondary level\nC32\nC32\ni.2) Educational co-op – Secondary level\nC33\nC33\nR205(c)(ii) Competitiveness and public policy exemption codes\nAct\nLMIA exemption code: December 14 and before\nLMIA exemption code: December 15, 2022 and after\nFrancophone mobility\nC16\nC16\nSpouses or common-law partners of high-skilled workers (TEER 0 through 3)\nC41\nC41\nC41", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: R205: Canadian interests (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html" + }, + { + "id": "pdi-tr-43-4-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour market impact assessment (LMIA) exemption codes – Int — R205: Canadian interests", + "marginal_note": "R205: Canadian interests", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For applications received by IRCC on or after January 21, 2025, if the principal foreign national is not transitioning to permanent residence\nSpouses or common-law partners of full-time students\nC42\nC42\nPost-grad employment – PGWP\nC43\nC43\nPost-doctoral Ph.D. fellows\nC44\nC44\nMedical or dental residents and medical research fellows\nC45\nC45\nDependent children of a high-skilled worker (TEER 0 to 3)\nC46\nSpouses or common-law partners of a low-skilled workers (TEER 4 or 5)\nC47\nDependent children of a low-skilled worker (TEER 4 or 5)\nC48\nFamily members of economic class permanent residence applicants\nC41\nC49\nAcademic award recipients\nC44\nC52\nInnovation Stream pilot\n \nC88\nR205(d) Charitable or religious work exemption codes\nAct\nLMIA exemption code: December 14 and before\nLMIA exemption code: December 15, 2022 and after\nReligious work\nC50\nC50\nCharitable work\nC50\nC51", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: R205: Canadian interests (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html" + }, + { + "id": "pdi-tr-43-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour market impact assessment (LMIA) exemption codes – Int — R206: No other means of support", + "marginal_note": "R206: No other means of support", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "R206 exemption codes\nRegulation\nLMIA exemption code\na. Refugee claimants\nS61\nb. Persons under an unenforceable removal order\nS62", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: R206: No other means of support", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html" + }, + { + "id": "pdi-tr-43-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour market impact assessment (LMIA) exemption codes – Int — R207: Permanent residence applicants in Canada", + "marginal_note": "R207: Permanent residence applicants in Canada", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "R207 exemption codes\nRegulation\nLMIA exemption code\nPermanent residence applicants in Canada:\nLive-in-caregiver class (LCP)\nSpouse or common-law partner in Canada class (after eligibility passed)\nProtected persons under subsection A95(2)\nSection A25 exemption (humanitarian and compassionate grounds)\nFamily members of the above\nA70", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: R207: Permanent residence applicants in Canada", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html" + }, + { + "id": "pdi-tr-43-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour market impact assessment (LMIA) exemption codes – Int — R207.1: Vulnerable workers", + "marginal_note": "R207.1: Vulnerable workers", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "R207.1 exemption codes\nRegulation\nLMIA exemption code\n1. Vulnerable workers\nA72\n2. Family members of vulnerable workers\nA72", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: R207.1: Vulnerable workers", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html" + }, + { + "id": "pdi-tr-43-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour market impact assessment (LMIA) exemption codes – Int — R208: Humanitarian reasons", + "marginal_note": "R208: Humanitarian reasons", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "R208 exemption codes\nRegulation\nLMIA exemption code\na. Destitute students\nH81\nb. Holders of a temporary resident permit valid for a minimum of 6 months\nH82", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: R208: Humanitarian reasons", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html" + }, + { + "id": "pdi-tr-43-9", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Labour market impact assessment (LMIA) exemption codes – Int — International Mobility Workers Unit (IMWU): Port of entry (P", + "marginal_note": "International Mobility Workers Unit (IMWU): Port of entry (POE) assistance", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The IMWU supports Canada Border Services Agency (CBSA) officers with enquiries related to LMIA exemptions and work permit exemptions and provides opinions to employers seeking to hire foreign nationals from visa-exempt countries currently outside of Canada.\nThe IMWU is available during business hours. Enquiries sent outside business hours will be answered the next business day.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: International Mobility Workers Unit (IMWU): Port of entry (POE) assistance", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html" + }, + { + "id": "pdi-tr-44-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "International Mobility Program: International free trade agreements", + "marginal_note": "International Mobility Program: International free trade agreements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Important: The LMIA exemption code associated with this work permit category has changed.\nPlease see Labour market impact assessment (LMIA) exemption codes – International Mobility Program for the correct codes\nThese international free trade agreements (FTAs) contain provisions to facilitate temporary entry for business persons on a reciprocal basis. Eligible persons entering under an FTA will generally require a work permit, but are exempt from requiring a labour market impact assessment (LMIA) as per paragraph 204(a) of the Immigration and Refugee Protection Regulations (IRPR). Business persons entering under an FTA as a business visitor may also be eligible for a work permit exemption as per paragraph R186(a) .\nUnder the General Agreement on Trade in Services (GATS), professionals are LMIA-exempt under paragraph R204(a) (exemption code T33). Intra-company transferees (ICTs) under GATS are authorized to enter under the general provisions for ICTs and are LMIA-exempt as per paragraph R205(a) (exemption codes C61, C62 and C63).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: International Mobility Program: International free trade agreements", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/international-free-trade-agreements.html" + }, + { + "id": "pdi-tr-44-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "International Mobility Program: International free trade agr — Canada–international free trade agreements – paragraph R204(", + "marginal_note": "Canada–international free trade agreements – paragraph R204(a)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Canada–United States–Mexico Agreement (CUSMA)\nBusiness visitors, T34, T35, T36, T37, T38\nAgreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland (CUKTCA)\nBusiness visitors, F60, F61, F62, F63, F64, F65, F66, F67\nCanada–Chile Free Trade Agreement (CCFTA)\nBusiness visitors, F20, F21, F22, F23, F24\nCanada–Colombia Free Trade Agreement (CCOFTA)\nBusiness visitors, F10, F11, F12, F13, F14, F15, T25\nCanada–European Union Comprehensive Economic and Trade Agreement (CETA)\nBusiness visitors, T41, T42, T43, T44, T45, T46, T47, T48\nCanada–Korea Free Trade Agreement (CKFTA)\nBusiness visitors, F30, F31, F32, F33, F34, F35, F36\nCanada–Panama Free Trade Agreement (CPAFTA)\nBusiness visitors, F42\nCanada–Peru Free Trade Agreement (CPFTA)\nBusiness visitors, F50, F51, F52, F53, F54, F55\nCanada–Ukraine Free Trade Agreement (CUFTA)\nBusiness visitors, F70, F71, F72, F73, F74\nComprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)\nBusiness visitors, T50, T51, T52, T53, T54, T55\nGeneral Agreement on Trade in Services (GATS)\nBusiness visitors, T33; or intra-company transferees under paragraph R205(a) (C61, C62, C63)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Canada–international free trade agreements – paragraph R204(a)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/international-free-trade-agreements.html" + }, + { + "id": "pdi-tr-45-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Canada–International Non-Trade Agreements [R204(a) – T11] – Agreements or arrang", + "marginal_note": "Canada–International Non-Trade Agreements [R204(a) – T11] – Agreements or arrangements – International Mobility Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nCanada has negotiated a number of international instruments with other countries—pertaining to subjects other than trade—in the form of agreements ( treaties ) that intend to create international obligations for Canada and the other signatory country, or cooperation arrangements such as Memoranda of Understanding (MOUs), which are a non-binding type of instrument.\nNote:  Not included under these non-trade agreements are diplomatic agreements with United Nations Organizations, such as the International Civil Aviation Organization (ICAO). Persons entering under diplomatic agreements may be facilitated under R186(b). (See  Foreign representatives, family members and domestic workers .)\nNote: U.S. refers to United States of America", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Canada–International Non-Trade Agreements [R204(a) – T11] – Agreements or arrangements – International Mobility Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/canada-international-non-trade-agreements-r204-t11.html" + }, + { + "id": "pdi-tr-45-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Canada–International Non-Trade Agreements [R204(a) – T11] – — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Airline personnel\nCanada-U.S. Understanding of Arrangement\nFulbright Program between Canada and the U.S.\nInternational Air Transport Association (IATA)\nInternational Pacific Halibut Commission\nNorth Atlantic Treaty Organization (NATO)\nNorth Pacific Marine Science Organization (PICES), North Pacific Anadromous Fish Commission (NPAFC) and Northwest Atlantic Fisheries Organization (NAFO)\nOrganization for Economic Co-operation & Development (OECD)\nPacific Salmon Commission (PSC)\nPublic Safety Canada\nRoosevelt Campobello International Park\nScientific and Technological Cooperation Agreements\nSociété Internationale de Télécommunications Aéronautiques\nTelefilm\nU.S. government personnel", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/canada-international-non-trade-agreements-r204-t11.html" + }, + { + "id": "pdi-tr-45-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Canada–International Non-Trade Agreements [R204(a) – T11] – — Agreements/ arrangements and descriptions", + "marginal_note": "Agreements/ arrangements and descriptions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Airline personnel\nNumerous bilateral air transport agreements exist between Canada and other countries. See Unique work situations: Airline personnel for specific occupations.\nCanada-U.S. Understanding of Arrangement\nU.S. IRS employees\nSee United States government personnel for more information.\nFulbright Program between Canada and the U.S.\nThe Foundation for Educational Exchange between Canada and the United States of America , also known as the Fulbright Program, is an organization that facilitates academic (both work and study) exchanges for participants. Work permits are fee-exempt [R299(2)(h)].\nSee Study permits: Scholarship and Award Recipients for more information.\nInternational Air Transport Association (IATA)\nHeadquartered in Montreal, IATA is an association of over 220 of the world’s airlines. The Government of Canada completed a Memorandum of Understanding regarding IATA operations in Canada in 1987. Included in the MOU is a commitment to facilitate issuance of work permits made to officers, employees or specialists contracted to IATA.\nInternational Pacific Halibut Commission\nSea and port samplers are employed to conduct research at various ports in British Columbia during the halibut season. Their entry is pursuant to the Pacific Halibut Fishery Regulations, a Canada/U.S. Agreement.\nLearn more at International Pacific Halibut Commission .\nNorth Atlantic Treaty Organization (NATO)\nPersons entering Canada to take employment at facilities located at Foley Lake, Nova Scotia or Carp, Ontario. Their stay in Canada may be for many years and consequently long-term work permits may be issued pursuant to R204. See military personnel and family members .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Agreements/ arrangements and descriptions (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/canada-international-non-trade-agreements-r204-t11.html" + }, + { + "id": "pdi-tr-45-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Canada–International Non-Trade Agreements [R204(a) – T11] – — Agreements/ arrangements and descriptions", + "marginal_note": "Agreements/ arrangements and descriptions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "NATO nations are covered by the Status of Forces Agreement (taken from the Visiting Forces Act ). Military personnel coming to Canada under NATO, including the civilian component, are exempt from a work permit pursuant to R186(d).\nNorth Pacific Marine Science Organization (PICES), North Pacific Anadromous Fish Commission (NPAFC) and Northwest Atlantic Fisheries Organization (NAFO)\nThese are intergovernmental scientific bodies that promote and coordinate marine scientific research, and as such, bring in scientists under Intern or Visiting Scientist programs which occur under international arrangements that Canada has with other member countries. These organizations enjoy special status under the Foreign Missions and International Organizations Act and are therefore exempt from the employer compliance regime. As Canada is a State Member of each organization it follows that Canadian citizens are eligible to apply for the respective internship programs.\nOrganization for Economic Co-operation & Development (OECD)\nExchanges are arranged in Canada through the Public Service Commission. Individuals are provided with copies of the International Assignment Agreement as it relates to their assignments and should be in possession of their agreement when seeking entry. A work permit may be issued for the length of time specified in the agreement. Alternatively, if the individual qualifies under R186(e), they may be authorized to work in Canada without a work permit.\nPacific Salmon Commission (PSC)\nThe PSC is an international scientific body created to implement the Pacific Salmon Treaty , signed in 1985 between the governments of Canada and the U.S. As with the Halibut Commission, samplers and scientists should be allowed an LMIA-exempt entry.\nPublic Safety Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Agreements/ arrangements and descriptions (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/canada-international-non-trade-agreements-r204-t11.html" + }, + { + "id": "pdi-tr-45-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Canada–International Non-Trade Agreements [R204(a) – T11] – — Agreements/ arrangements and descriptions", + "marginal_note": "Agreements/ arrangements and descriptions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Emergency service providers  are facilitated under R186(t). However, from time to time, there are agreements in place with Public Safety Canada for foreign workers to come to Canada for the purpose of incidents that are not of an emergency nature.\nRoosevelt Campobello International Park\nPersons entering Canada from the U.S. to take employment under the terms of the Agreement between the Government of Canada and the Government of the U.S. relating to the establishment of the Roosevelt Campobello International Park .\nSupporting documentation should include an offer of employment from the Park’s Commission. Work permits are fee- exempt [R299(2)(h)].\nScientific and Technological Cooperation Agreements\nCanada has signed agreements with a number of countries to facilitate and encourage scientific and technological cooperation, as well as exchanges of information and personnel between the agencies, organizations and enterprises in the public and private sectors of the two countries. Fields of cooperation may vary from year to year.\nConsult Global Affairs Canada to search for agreements with specific countries.\nSociété Internationale de Télécommunications Aéronautiques\nThe  Société Internationale de Télécommunications Aéronautiques (SITA)  is located in Montréal and does the following:\ndevelops the fields of transmission of information necessary for airline operation\nprocesses all categories of information necessary for airline operation\nstudies any problems related to airline operation to promote air transportation safety and dispatch reliability in all countries", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Agreements/ arrangements and descriptions (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/canada-international-non-trade-agreements-r204-t11.html" + }, + { + "id": "pdi-tr-45-2-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Canada–International Non-Trade Agreements [R204(a) – T11] – — Agreements/ arrangements and descriptions", + "marginal_note": "Agreements/ arrangements and descriptions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "It cooperates with the International Air Transport Association (IATA), the International Civil Aviation Organization (ICAO) and other governmental and non-governmental bodies in these fields. Given the existing Memorandum of Understanding and the benefits of having SITA’s North American and Caribbean headquarters in Canada, IRCC has undertaken to facilitate foreign workers deemed essential and necessary to the continued operations of SITA headquarters.\nTelefilm\nTelefilm administers coproduction agreements on the Canadian government's behalf. The official coproduction agreements enable Canadian producers and their foreign counterparts to pool their creative, artistic, technical and financial resources to co-produce films and television programs that enjoy the status of national productions in each of the countries concerned.\nSee Film co-producers for more information on document requirements and Telefilm guidelines.\nU.S. government personnel\nOfficial U.S. government personnel assigned to work in Canada temporarily and their eligible family members may be eligible for a labour market impact assessment (LMIA)-exempt work permit.\nSee  United States government personnel for more information.\nNote:  Instances may occur where workers come forward under a valid agreement that may not be on the list. In such cases, admission should be facilitated if workers can satisfy the officer that there is an agreement that covers their admission. Family members may be eligible for open work permits.\nPrevious updates\n2020-12-30", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Agreements/ arrangements and descriptions (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/canada-international-non-trade-agreements-r204-t11.html" + }, + { + "id": "pdi-tr-46-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Federal-provincial agreements overview [R204(c) – T13] – Agreements and arrangem", + "marginal_note": "Federal-provincial agreements overview [R204(c) – T13] – Agreements and arrangements – International Mobility Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nIn these instructions “officer” refers to employees of both Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA).\nThe instructions on this page should be reviewed in conjunction with\nEmployer-specific work permits - General processing - International Mobility Program\nAssessing the genuineness of the offer of employment on work permit application – R200(5)\nConditions and validity period on work permits\nPublic list of Employers who have been non-compliant\nParagraph  204(c)  of the Immigration and Refugee Protection Regulations (IRPR) allows a work permit to be issued where the intended work of the foreign national is subject to an agreement entered into by the Minister and a province or group of provinces.\nIn this situation, “province” legally refers to provinces and territories. Therefore, in these instructions, when “province” is used, it refers to both provinces and territories.\nFederal-provincial foreign worker agreements, or foreign worker annexes to broader federal-provincial immigration agreements, include provisions that allow work permits to be issued without requiring a labour market impact assessment (LMIA).\nAgreements between the federal government and provinces or territories are updated regularly. To view the foreign worker annexes in effect, see Federal-Provincial/Territorial Agreements .\nWork performed under an agreement that may be considered for an LMIA exemption under paragraph R204(c) (LMIA-exemption code T13) must fall under 1 of the following categories:\nSignificant Investment Projects\nExceptional or Unforeseen Events (such as natural disasters)\nNominated by a province for permanent residence", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Federal-provincial agreements overview [R204(c) – T13] – Agreements and arrangements – International Mobility Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/federal-provincial-territorial-agreements-r204-lmia-exemption-code-t13.html" + }, + { + "id": "pdi-tr-46-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Federal-provincial agreements overview [R204(c) – T13] – Agr — Related links", + "marginal_note": "Related links", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Specific Quebec Selection Certificate (CSQ) holders currently in Quebec [R205(a) – A73]\nQuebec Selection Certificate (CSQ) holders currently outside Quebec [R205(a) – A76]\nProvincial business candidates or Quebec CSQ approved self-employed seeking eventual permanent residence [R205(a) – C60]\nAtlantic Immigration Program (AIP) [R024(c) – C18]", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Related links", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/federal-provincial-territorial-agreements-r204-lmia-exemption-code-t13.html" + }, + { + "id": "pdi-tr-47-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Applicants with no other means of support [R206 – S61 and S62] – International M", + "marginal_note": "Applicants with no other means of support [R206 – S61 and S62] – International Mobility Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nUnder  section 206  of the Immigration and Refugee Protection Regulations (IRPR), work permits may be issued to foreign nationals who cannot support themselves without working and who are\nrefugee claimants whose claim has been referred to the Refugee Protection Division of the Immigration and Refugee Board (IRB) but not been determined [R206(1)(a)] or\nsubject to an unenforceable removal order [R206(1)(b)]\nAs per R202 of IRPR, applicants who are issued a work permit under section R206 do not, by reason only of being issued a work permit, become temporary residents. \nApplications under this section may be received in person during the claim process or through an electronic process or be mailed.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Applicants with no other means of support [R206 – S61 and S62] – International Mobility Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/applicants-no-other-means-support-r206.html" + }, + { + "id": "pdi-tr-47-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Applicants with no other means of support [R206 – S61 and S6 — On this page:", + "marginal_note": "On this page:", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Evidence that the applicant requires public support\n[S61] Refugee claimants [R206(1)(a)]\n[S62] Applicants under an unenforceable removal order [R206(1)(b)]\nMedical results\nFamily members of section R206 work permit holders", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page:", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/applicants-no-other-means-support-r206.html" + }, + { + "id": "pdi-tr-47-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Applicants with no other means of support [R206 – S61 and S6 — Evidence that the applicant requires public support", + "marginal_note": "Evidence that the applicant requires public support", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The onus is on applicants to prove that they are unable to support themselves without public assistance.\nImportant: It is not the intent that the person apply for social assistance before being issued a work permit.\nOfficers may accept any evidence that satisfies them that the person meets this requirement. Evidence to assess the inability of the foreign national to support themselves may be, but is not limited to, the following:\na letter or cheque stub from the provincial or territorial social service department\nbank statements\nletters from assistance groups\na review of the client’s immigration history and application forms, or other related documentation\nOfficers may consider that this particular eligibility criterion has been met if there is any likelihood that the person might require public assistance.\nFor example, a foreign student making a refugee claim may not meet this criterion because the student was required to provide proof of funds to support the stay in Canada and return home. As well, opportunities already exist in the IRPR to allow students to work as long as their study permits remain valid (destitute students [exempt from the labour market impact assessment requirement under exemption code H81 ], on-campus or off-campus employment).\nOn the other hand, claimants who entered as visitors with money, but who have no one to assist them financially for the remainder of the time it takes to process a claim, would not likely be able to support themselves without public assistance.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Evidence that the applicant requires public support", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/applicants-no-other-means-support-r206.html" + }, + { + "id": "pdi-tr-47-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Applicants with no other means of support [R206 – S61 and S6 — [S61] Refugee claimants [R206(1)(a)]", + "marginal_note": "[S61] Refugee claimants [R206(1)(a)]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Refugee claimants may apply for a work permit by completing the  Schedule 12 - Additional Information – Refugee Claimants Inside Canada (IMM 0008 - Schedule 12) (PDF, 1.92 MB)  and indicating on the form that they wish to apply for a work permit. The “Apply for” field in the Global Case Management System (GCMS) must be updated to reflect the selection of the IMM 0008 form. Claimants may also indicate interest in applying for a work permit when initiating their claim using the Canadian Refugee Protection Portal.\nIf the claim is found eligible, and the immigration medical examination (IME) has been completed, the work permit application is automatically created in GCMS, and the permit is sent by mail. If the claimant is not interested in obtaining a work permit at the time of claiming, the officer should enter “None” in the Name field in Box 10.\nA foreign national may apply for a work permit by submitting the  work permit application [ IMM 5710 (PDF, 576 KB) ] by paper or applying online if they did not apply via the “Schedule 12” form or the Portal.\n180-day bar on work permits for designated country of origin (DCO) nationals\nPreviously, claimants who were nationals of a designated country of origin (DCO) could not be issued a work permit unless at least 180 days had elapsed since their claim was referred to the Refugee Protection Division (as per subsection R206(2)).\nOn April 30, 2019, the Minister directed the department to eliminate the  DCO list . The list was eliminated on May 10, 2019, effectively ending the 180-day bar on work permits for DCO nationals.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: [S61] Refugee claimants [R206(1)(a)] (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/applicants-no-other-means-support-r206.html" + }, + { + "id": "pdi-tr-47-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Applicants with no other means of support [R206 – S61 and S6 — [S61] Refugee claimants [R206(1)(a)]", + "marginal_note": "[S61] Refugee claimants [R206(1)(a)]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "However, as per subsection R206(2) and subsection 111.1(2) of the Immigration and Refugee Protection Act (IRPA), the bar still applies to DCO nationals who made a refugee claim during the 180 days before May 10, 2019. Under a  public policy established pursuant to section A25.2, officers have the delegated authority to exempt affected people from the 180‑day work permit bar.\nWork permit issuance in the Global Case Management System (GCMS) for refugee claimants [R206(1)(a)]\nUnder the Application screen, officers should enter the following information in the specified fields:\nField\nSelection or input\nCase type\n28\nProvince of destination\nUnknown\nCity of destination\nUnknown\nExemption code\nS61\nNOC\n99999\nIntended occupation\nOpen\nor\nOpen Restricted (see Conditions for further instructions)\nEmployer\nOpen\nDuration\n24 months from the date the applicant’s claim was forwarded to the IRB.\n12 months for each renewal under this section.\nConditions\nIf the IME has expired, the work permit must include conditions restricting work in designated occupations.\nSee instructions: Medical conditions to be imposed for open employer but occupation restricted work permits\nUser remark (mandatory)\nThis permit does not confer temporary resident status as per section 202 of IRPR\nFees\nWork permit processing fee: exempt under paragraph R299(2)(a). Exemption code: E01.\nOpen work permit holder fee: exempt under paragraph R303.2(2)(a). Exemption code: P01.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: [S61] Refugee claimants [R206(1)(a)] (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/applicants-no-other-means-support-r206.html" + }, + { + "id": "pdi-tr-47-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Applicants with no other means of support [R206 – S61 and S6 — [S62] Applicants under an unenforceable removal order [R206(", + "marginal_note": "[S62] Applicants under an unenforceable removal order [R206(1)(b)]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A removal order is enforceable as per subsection A48(1) when it comes into force (as per section A49 ) and all conditions for a stay have been removed. For more information, consult the Enforcement Manual Removals (PDF, 869.84 KB) (opens in a new\ntab) .\nMost refugee claimants are issued conditional removal orders that are unenforceable pending the outcome of their refugee claim. Subsection A49(2) defines when a removal order comes into force for refugee claimants.   \nOther persons subject to an unenforceable removal order include the following:\nfailed refugee claimants who are appealing the IRB decision [A49(2)(c)]\npre-removal risk assessment (PRRA) applicants (pending the outcome of the PRRA) [R232]\npersons who have been granted a stay by the Federal Court [A50]\nforeign nationals from countries for which the Minister has imposed a temporary stay of removal [R230]\nforeign nationals who are completing their term of imprisonment in Canada, including any time on parole [A50(b)]\nfailed refugee claimants or other foreign nationals who are awaiting removal and whom the Canada Border Services Agency (CBSA) is unable to remove for reasons beyond the control of the person (for example, they are unable to obtain a travel document). In these situations, while the removal order is in force, the removal cannot be enacted.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: [S62] Applicants under an unenforceable removal order [R206(1)(b)] (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/applicants-no-other-means-support-r206.html" + }, + { + "id": "pdi-tr-47-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Applicants with no other means of support [R206 – S61 and S6 — [S62] Applicants under an unenforceable removal order [R206(", + "marginal_note": "[S62] Applicants under an unenforceable removal order [R206(1)(b)]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Simply not being in possession of a travel document is not sufficient for issuance of a work permit in this category. The applicant must demonstrate that they were unable to obtain a passport because of circumstances beyond their control (for example, by providing a refusal letter resulting from a passport application submission or a confirmation from the CBSA that they are unable to obtain a travel document). If insufficient proof is provided that the inability to obtain a travel document is beyond the person’s control, the officer should confirm with the CBSA that the applicant is cooperating with removal procedures and has not yet been able to obtain the travel document.\nWork permit issuance in GCMS for persons subject to an unenforceable removal order [R206(1)(b)]\nUnder the Application screen, officers should enter the following information in the specified fields:\nField\nSelection or input\nCase type\n28\nProvince of destination\nUnknown\nCity of destination\nUnknown\nExemption code\nS62\nNOC\n99999\nIntended occupation\nOpen\nor\nOpen Restricted (see Conditions for further instructions)\nEmployer\nOpen\nConditions\nIf there is no IME or the IME has expired, the work permit must include conditions restricting work in designated occupations.\nSee instructions: Medical conditions to be imposed for open employer but occupation restricted work permits\nDuration\nInitial work permit: 12 months.\nOfficers may consider 24 months for applicants who are subject to temporary suspension of removals or administrative deferral of removals.\nRenewal: 12 months for each renewal under this section regardless if there is a scheduled removal date .\nUser remark (mandatory)\nThis permit does not confer temporary resident status as per section 202 of IRPR\nFees\nWork permit processing fee: required .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: [S62] Applicants under an unenforceable removal order [R206(1)(b)] (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/applicants-no-other-means-support-r206.html" + }, + { + "id": "pdi-tr-47-4-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Applicants with no other means of support [R206 – S61 and S6 — [S62] Applicants under an unenforceable removal order [R206(", + "marginal_note": "[S62] Applicants under an unenforceable removal order [R206(1)(b)]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Open work permit holder fee: Not required as paragraph R206(1)(b) is not included in section R303.2, which specifies who pays the fee. Fee exemption code P03.\nOfficers should be aware that both fees are automatically triggered in the online application tool.\nTo reduce refunds, applicants are instructed to pay the work permit processing fee outside the online tool and upload their receipt under Proof of Fee Exemption. For more information on applicant instructions , consult You’ve filed a claim for refugee protection in Canada .\nMandatory refunds: For applicants who have paid the open work permit holder fee, officers must initiate a refund of fees as per normal office procedures.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: [S62] Applicants under an unenforceable removal order [R206(1)(b)] (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/applicants-no-other-means-support-r206.html" + }, + { + "id": "pdi-tr-47-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Applicants with no other means of support [R206 – S61 and S6 — Medical results", + "marginal_note": "Medical results", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Refugee claimants are given medical instructions upon making their claim.\nAs per paragraphs R30(1)(e) and R200(1)(e), a work permit may  not  be issued until the officer has received the results of the medical exam for the claimant.\nOpen work permits may be issued for persons whose results are valid and have been assessed M1, M2, M3 or M5, along with any occupational restrictions noted by the assessing physician.\nThe occupational restrictions condition must be imposed if medical results are no longer valid.\nFor medical results M4 or M6, as per paragraph R200(1)(e), a work permit must not be issued, as protection of public health or safety is at issue.\nOther foreign nationals under an unenforceable removal order may not have completed a medical examination. If a medical examination was not completed, the occupational restrictions condition must be imposed.\nSee also  Assessing medical requirements .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Medical results", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/applicants-no-other-means-support-r206.html" + }, + { + "id": "pdi-tr-47-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Applicants with no other means of support [R206 – S61 and S6 — Family members of section R206 work permit holders", + "marginal_note": "Family members of section R206 work permit holders", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Section R206 does not include family members who are not themselves described in paragraph R206(a) or (b). Family members of refugee claimants or of persons subject to an unenforceable removal order are not entitled to an open work permit under this section. However, they can apply for a work permit from within Canada as per section R199 with a labour market impact assessment (LMIA) or under an LMIA-exempt category if eligible.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Family members of section R206 work permit holders", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/applicants-no-other-means-support-r206.html" + }, + { + "id": "pdi-tr-48-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Applicants in Canada: Labour Market Impact Assessment (LMIA) exemption code A70 ", + "marginal_note": "Applicants in Canada: Labour Market Impact Assessment (LMIA) exemption code A70 (International Mobility Program)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nSection 207 of the Immigration and Refugee Protection Regulations (IRPR) applies to applicants who have been determined eligible as members of certain in-Canada permanent residence classes and includes protected persons, whether or not they have applied for permanent resident status.\nOpen work permits may be issued.\nSee Who must submit to an immigration medical exam? for more details.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Applicants in Canada: Labour Market Impact Assessment (LMIA) exemption code A70 (International Mobility Program)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/applicants-canada.html" + }, + { + "id": "pdi-tr-48-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Applicants in Canada: Labour Market Impact Assessment (LMIA) — Labour Market Impact Assessment (LMIA) exemption code&n", + "marginal_note": "Labour Market Impact Assessment (LMIA) exemption code A70", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This exemption applies to the following:\nmembers of the live-in caregiver class who have met the requirements for permanent residence outlined in section R113\nmembers of the spouse or common-law partner class who have satisfied an officer that they meet the requirements of section R124\npersons upon whom protection has been conferred in accordance with subsection 95(2) of the Immigration and Refugee Protection Act (IRPA), for example, Convention refugees, successful pre-removal risk assessment (PRRA) applicants\npeople who have applied to become permanent residents and to whom the Minister has granted an exemption for humanitarian and compassionate considerations, upon request of the foreign national, under subsection A25(1) ; on the Minister’s own initiative under subsection A25.1(1) ; or for public policy considerations under subsection A25.2(1)\nFor caregivers who meet this criteria, see Open work permits for applicants under the Interim Pathway for Caregivers .\nfamily members of the above who are in Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Labour Market Impact Assessment (LMIA) exemption code A70", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/applicants-canada.html" + }, + { + "id": "pdi-tr-49-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – International Mobility", + "marginal_note": "Open work permits for vulnerable workers [R207.1 – A72] – International Mobility Program (IMP)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThese instructions apply to IRCC employees. Given that temporary foreign workers cannot submit their applications at the port of entry, the instructions do not apply to border services officers.\nNote: Applications for this work permit cannot be made at an IRCC office outside Canada.\nThe instructions on this page should be reviewed in conjunction with:\nOpen work permit – General processing and issuance\nConditions and validity period on work permits\nTemporary foreign workers in Canada on valid employer-specific work permits who are experiencing abuse, or who are at risk of abuse, in the context of their employment in Canada may be eligible to receive an open work permit that is exempt from the labour market impact assessment (LMIA) requirement, per  subsection 207.1(1) of the Immigration and Refugee Protection Regulations (IRPR) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Open work permits for vulnerable workers [R207.1 – A72] – International Mobility Program (IMP)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-1-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Applying for an open work permit in situations of abuse", + "marginal_note": "Applying for an open work permit in situations of abuse", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Temporary foreign workers must apply directly to IRCC by filling out a work permit application online .\nTemporary foreign workers should include in their online application a letter of explanation detailing the abuse or risk of abuse and any other supporting evidence of the abuse if applicable (see below for examples of evidence ). They are encouraged to use the Letter of Explanation – Open Work Permit for Vulnerable Workers [IMM 0017] .\nFor applicant instructions, consult Open work permit for vulnerable workers who are victims of abuse - Canada.ca .\nIn addition, temporary foreign workers may communicate with IRCC in the following ways to request information on obtaining an OWP-V:\ncontacting the Client Support Centre (CSC) to request more information\nIf the temporary foreign worker wishes to apply for an open work permit, the CSC must instruct them to apply online. Once the online application is received, the relevant IRCC office will contact the applicant with an interview date when an interview is required, request further information when needed, etc.\npresenting themselves directly at an IRCC office to request information on how to apply\nTemporary foreign workers are able to present themselves directly at an IRCC office during working hours, similar to refugee claimants. Temporary foreign workers who use this service are only provided with information on how to apply for an open work permit. However, if a temporary foreign worker has a disability and cannot apply online, or if there is an IRCC system outage that prevents a temporary foreign worker from applying online, they may use existing paper forms and present themselves at an IRCC office or contact the CSC.\nNote: IRCC employees are not allowed to assist temporary foreign workers with filling out forms.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Applying for an open work permit in situations of abuse (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-1-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Applying for an open work permit in situations of abuse", + "marginal_note": "Applying for an open work permit in situations of abuse", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "contacting relevant support organizations, such as settlement service providers or enforcement agencies, for assistance\nSettlement service providers and other support organizations are encouraged to provide support to workers making applications to IRCC. Settlement service providers and enforcement agencies should refer temporary foreign workers to the IRCC website, the CSC or the closest IRCC office to find more information on how to apply.\nExamples of enforcement agencies include\nthe CBSA\nthe Royal Canadian Mounted Police (RCMP)\nthe Royal Canadian Mounted Police (RCMP)\nhuman rights tribunals\nprovincial employment standards branches and divisions (British Columbia, Alberta, Saskatchewan, Manitoba, New Brunswick, Prince Edward Island)\nthe Ministry of Labour (Ontario)\nthe Commission des normes, de l’équité, de la santé et de la sécurité du travail (Quebec)\nlabour standards divisions (Nova Scotia, Newfoundland and Labrador)\nNote: Where an open work permit application is received and it is later determined that the application was referred to the Vulnerable Persons Unit (VPU) for processing in error as it is not an OWP-V application, officers should be sure to clearly explain this in the notes tab in GCMS and remove the special program code “VWOWP” before returning the application to the Case Processing Centre in Edmonton (CPC-E).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Applying for an open work permit in situations of abuse (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Eligibility\nWork authorization\nContext of employment\nExperiencing abuse or being at risk of experiencing abuse\nDefinition of abuse\nExamples of abuse\nExamples of situations that may not constitute abuse\nDocumentary evidence\nMissing documents or information\nExtrinsic evidence\nSupporting document requirements\nWeighing evidence of abuse\nApplication assessment\nReasons why temporary foreign workers may not disclose abuse\nStandard of proof - Reasonable grounds to believe\nHow to decide - Two-step decision-making process\nInterviews\nCreating an interview event in GCMS\nProcedural fairness and interviews\nFinal Decision\nApproval\nRefusal\nSubsequent OWP-V applications\nBiometrics\nImmigration Medical Examination\nFamily members\nOpen work permits\nVisitor records and study permits\nLearn more", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The policy objectives of this provision are\nto provide temporary foreign workers in Canada who are experiencing abuse, or who are at risk of abuse in the context of their employment, with a new work authorization so that they can find new employment\nto mitigate the risk of temporary foreign workers in Canada leaving their jobs and working irregularly (that is, without authorization) as a result of abusive situations\nto facilitate the participation of temporary foreign workers who are experiencing abuse, or who are at risk of abuse, in any relevant inspection of their former employer, recruiter or both, if they choose to do so\nto help temporary foreign workers in assisting authorities, if required (noting that this is not required for the issuance of the open work permit), by reducing the perceived risk and fear of work permit revocation and removal from Canada\nWork authorization\nTo be eligible under R207.1(1) (administrative code A72), at the time they apply, temporary foreign workers must be in Canada and must either\nhave a valid work permit that is LMIA-required and issued under subparagraph R200(1)(c)(iii) (including work permits issued under the Seasonal Agricultural Worker Program [SAWP]);\nhave a valid work permit that is LMIA-exempt, employer specific and issued under subparagraph R200(1)(c)(ii.1); or\nhave applied to renew one of these types of work permits under subsection R201(1) and be currently authorized to work in Canada under paragraph R186(u) (maintained status)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility (part 1 of 8)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Important: As per subsection R200(3.1) , paragraph R200(3)(e) does not apply to temporary foreign workers referred to in subsection R207.1(1) who have engaged in unauthorized work or failed to comply with a condition. In other words, officers who have reasonable grounds to believe that the temporary foreign worker is experiencing abuse or is at risk of abuse in the context of their employment in Canada and meets the other requirements of R207.1(1) should not refuse to issue the open work permit on the basis that the temporary foreign worker has engaged in unauthorized work or has not complied with a condition.\nContext of employment\nOfficers must have reasonable grounds to believe that the temporary foreign worker is experiencing or is at risk of experiencing abuse in the context of their employment in Canada. Temporary foreign workers who have left an abusive employment situation before applying for this work permit are still eligible, as long as their employer-specific work permit is still valid or they are on maintained status. Generally, the employment context does not include abuse taking place in someone’s private dwellings (with the exception of workers who live in housing or accommodation provided by the employer). On the other hand, the employment context is not limited to abuse directly at the hands of the employer on record as abuse can also take place at the hands of co-workers and recruiters.\nExperiencing abuse or being at risk of experiencing abuse", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility (part 2 of 8)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Both temporary foreign workers who are experiencing abuse and temporary foreign workers who are at risk of experiencing abuse in the context of their employment are eligible for an open work permit. “At risk” includes temporary foreign workers who left an abusive employment situation and would be at risk of experiencing abuse if they returned to that employment situation.\nThe onus is on the temporary foreign worker to provide evidence of the abuse they are experiencing or the broader circumstances in which they find themselves and to demonstrate how these broader circumstances are making them believe or fear they could be at risk of experiencing abuse.\nDefinition of abuse\nFor the purposes of this process, “abuse” is defined in section R196.2(1) .\nAbuse consists of any of the following:\nphysical abuse, including assault and forcible confinement\nsexual abuse, including sexual contact without consent\npsychological abuse, including threats and intimidation\nfinancial abuse, including fraud and extortion\nreprisals\n“Reprisal” is defined in  subsection R196.2(2)  as consisting of any measure that is taken by or on behalf of an employer against a temporary foreign worker referred to in  subparagraph 200(1)(c)(ii.1) or (iii) , and that adversely affects the temporary foreign worker’s employment or working conditions, because the temporary foreign worker has reported that the conditions set out in  section 209.2 or 209.3  have not been complied with or because they have cooperated in good faith with an inspection conducted under  section 209.7, 209.8 or 209.9 .\nExamples of reprisal include (but are not limited to) the following:\na disciplinary measure\na demotion\na dismissal\nany threat to take any of the measures mentioned above", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility (part 3 of 8)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-3-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Examples of abuse\nThe definitions and examples below are not exhaustive. Other types of physical, sexual, psychological and financial abuse and reprisals may also be taken into consideration.\nType of abuse\nDescription\nExamples\nPhysical abuse\nPhysical abuse generally involves physical contact intended to cause feelings of intimidation, pain, injury, or other physical suffering or bodily harm, but it can also include conditions harmful to physical health.\nhitting, beating, slapping, punching, choking, burning, pushing or shoving a temporary foreign worker in a way that results or could result in injury\nconfining a temporary foreign worker (habitual residence or other)\nsubjecting a temporary foreign worker to living conditions in employer-provided accommodations that are unsafe or unsanitary or pose a risk to the temporary foreign worker’s health\nforcing or pressuring a temporary foreign worker to work under conditions that are unsafe or pose a risk to their health\nforcing a temporary foreign worker to engage in drug or alcohol use or illegal behaviour against their will and possibly creating dependencies\nSexual abuse\nSexual abuse generally encompasses any situation in which force or a threat is used to obtain participation in unwanted sexual activity, as well as coercing a person to engage in sex against their will.\nforcing or manipulating a temporary foreign worker into having sex or performing sexual acts\nforcing a temporary foreign worker to perform unsafe or degrading sexual acts\nusing physical force to compel a temporary foreign worker to engage in a sexual act against their will\nusing physical force, weapons or objects in non-consensual sexual acts\ninvolving other people in non-consensual sexual acts", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility (part 4 of 8)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-3-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "exposing, suggesting, attempting or completing a sexual act involving a temporary foreign worker who is unable to understand the nature or condition of the act, unable to decline participation or unable to communicate unwillingness to engage in the sexual act (for example, because of illness, disability, the influence of alcohol or other drugs, intimidation or pressure)\nPsychological abuse\nGenerally, psychological abuse is a pattern of coercive or controlling behaviour, iterated threats or both.\ninsulting, intimidating, humiliating, harassing, threatening (including with respect to immigration status or deportation), name-calling, yelling at, blaming, shaming, ridiculing, disrespecting or criticizing a temporary foreign worker\ncontrolling what a temporary foreign worker can and cannot do\nthreatening a temporary foreign worker with murder\nintimidating, threatening or harming a temporary foreign worker with a knife, gun or other object or weapon\nusing religious or spiritual beliefs to manipulate, dominate or control a temporary foreign worker\nFinancial abuse\nFinancial abuse is generally described as a form of abuse where one person has control over the victim’s access to economic resources. It can also involve situations where facts are misrepresented or information is withheld for the financial benefit of one party and at the detriment of the victim.\nfailing to pay wages owed to the temporary foreign worker (excluding cases of clear pay errors that have been rectified by the employer)\nstealing or taking a temporary foreign worker’s money, salary or cheques, or coercing them into giving these things up\ncontrolling or limiting the temporary foreign worker’s financial resources\nwithholding money or credit cards\nexploiting a temporary foreign worker’s financial resources", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility (part 5 of 8)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-3-p6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "requiring a temporary foreign worker to deposit money into their bank account for fraudulent purposes\nclosely monitoring how a temporary foreign worker spends money\ndestroying a temporary foreign worker’s property\nspending a temporary foreign worker’s money without their consent\ncharging a temporary foreign worker fees for a job that doesn’t exist\nshort-term layoff or lack of work where the employer was aware that the layoff would occur during the employment contract and the temporary foreign worker only found out after they started working\nReprisal\nReprisal consists of any measure that is taken by or on behalf of an employer against an employee that adversely affects their employment or working conditions and that was done because the employee reported that conditions have not been complied with or cooperated with an employer inspection.\nIf done in response to the temporary foreign worker reporting conditions or cooperating with an employer inspection:\nimposing a penalty (for example, transfer of work location or reduction of hours or benefits)\ndisciplinary action (for example, suspension or probation)\ntermination of employment\nintimidation or coercion\ndemotion in work level or title\nthreatening to take any of the measures above\nAbuse and risk of abuse may include but are not limited to the following:\nThe employer, a third party or both have abused the temporary foreign worker by charging them job placement or recruitment fees based on false promises or misleading information (fraud), or are otherwise threatening, controlling or exploiting the worker.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility (part 6 of 8)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-3-p7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The temporary foreign worker is unwittingly a victim of a fraudulent job offer or unethical recruitment (such as paying large sums of money for a positive LMIA, being paid reduced wages to cover the “cost” of a positive LMIA, or having no job when arriving in Canada).\nThe temporary foreign worker is repeatedly harassed (for example, unwanted physical or verbal behaviour that is offending or humiliating) by a co-worker in their workplace.\nThe temporary foreign worker is threatened by their employer if they complain about their work conditions.\nThe temporary foreign worker has exited an abusive situation but would be at risk of abuse if they returned.\nThe temporary foreign worker is forced or pressured to perform work that contravenes the conditions of their work permit (for example, working for a different employer than stated on the permit or performing different job duties), recognizing that this is a form of coerced engagement in illegal activity, and may be accompanied by or enable further threats, intimidation and abuse.\nThe temporary foreign worker may not be directly experiencing abuse but may be in a situation where their co-workers are being abused by their employer, putting them at risk of experiencing an abusive situation.\nNote: Officers should ensure that they carefully assess each situation on a case-by-case basis and consider all facts and evidence when determining whether the temporary foreign worker is experiencing or is at risk of experiencing abuse, including requesting an interview or further information from the temporary foreign worker when warranted.\nExamples of situations that may not constitute abuse", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility (part 7 of 8)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-3-p8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Generally, the following situations would not meet the requirements of the OWP-V, as they would not constitute abuse. However, officers should ensure to process each application on a case-by-case basis.\nThe temporary foreign worker was laid-off due to a lack of work or situation outside the employer’s control (e.g., bankruptcy, business closures, cutbacks), where the lay-off was conducted in a fair and non-abusive manner.\nTermination of employment for cause (i.e., the reason the employment was terminated is reasonable and non-abusive).\nFraudulent job offers where the temporary foreign worker was aware that there was no job for them in Canada (e.g., the temporary foreign worker paid for a job offer when they knew they would have to find other employment when they arrived in Canada because the job does not exist).\nAn OWP-V is being sought as another means to extend one’s stay in Canada and the temporary foreign worker is not experiencing abuse or at risk of abuse as described in R196.2 .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility (part 8 of 8)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Documentary evidence", + "marginal_note": "Documentary evidence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "With the application for a work permit, the temporary foreign worker must provide sufficient evidence to satisfy the officer that there are reasonable grounds to believe that they are experiencing or are at risk of experiencing abuse in the context of their employment in Canada.\nThe temporary foreign worker is encouraged to describe the abuse or risk of abuse they face by submitting a letter of explanation.\nNote:  If the temporary foreign worker does not provide a letter of explanation with their application, officers are encouraged to contact them and request it, or other evidence, if more information is required to make a decision on the application. Failure to provide an explanation about the temporary foreign worker’s alleged abuse in the form of a letter or the IMM 0017 should not be the only basis for the refusal. Temporary foreign workers are not required to provide this evidence in a specific format.\nIn addition, although none of the following examples are required, evidence of abuse and risk of abuse may include, but is not limited to, the following:\na letter, statement or report from an abuse support organization, medical doctor, health care professional or other such entity\na sworn statement (affidavit) by the applicant\na copy of an official complaint form filed with an enforcement agency\nfor example, a police or CBSA report related to an investigation or a copy of an official complaint completed by the temporary foreign worker and submitted to a provincial enforcement agency, such as an employment standards branch", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documentary evidence (part 1 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Documentary evidence", + "marginal_note": "Documentary evidence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: If a temporary foreign worker has not filed a complaint with an enforcement agency, they should not be required to do so to support their application. There are many reasons why a temporary foreign worker may not want to report abuse to an enforcement agency, including fear of retribution if an inspection were to take place while they are still working for the employer (see Reasons why temporary foreign workers may not disclose abuse ). However, if an applicant has submitted proof of previously filing official complaints with an enforcement agency, officers should fully review this evidence and carefully consider it as part of their decision-making.\nsupporting or additional material, such as victim impact statements, hard copies of email messages, photos showing injuries or working conditions, witness testimonies, bank statements and pay statements\nMissing documents or information\nRecognizing that temporary foreign workers in abusive situations may have suffered traumatic events that could affect the submission of their application, officers should consider giving temporary foreign workers who apply for an OWP-V an opportunity to provide missing documents or information (e.g., letter of explanation) that may assist in their decision-making via a request letter or interview.\nOfficers should be sure to give a reasonable amount of time for the temporary foreign worker to provide the information or evidence they are requesting. The amount of time provided by an officer is a discretionary decision that must be assessed on a case-by-case basis. If the document or information requested is not easily obtained or requires input or validation from a third party, the temporary foreign worker should be given a reasonable amount of time to submit that information.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documentary evidence (part 2 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-4-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Documentary evidence", + "marginal_note": "Documentary evidence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the temporary foreign worker does not provide the requested documents or information within the specified time period, and where the officer determines that there is insufficient information/evidence to satisfy them that there are reasonable grounds to believe that the temporary foreign worker is experiencing or is at risk of experiencing abuse in the context of their employment in Canada, the application may be refused for failing to meet the requirements of subsection R207.1(1) .\nExtrinsic evidence\nWhere extrinsic evidence (i.e., information from a source other than the temporary foreign worker that they do not have access to or are not aware of) is obtained and the officer determines that the application may be refused on the basis of the extrinsic evidence, a procedural fairness letter should be sent.\nSupporting document requirements\nAll supporting documents must be saved under “Incoming Correspondence” in GCMS.\nSupporting documents that are in a language other than English or French should be accompanied by an official translation of the document. That translation must be\nof the original document, or\nof the certified copy of the original document, and\ncertified by a certified translator, or in the event that the translation cannot be provided by a certified translator, it must be accompanied by an affidavit and included with the application\nThe onus is on the temporary foreign worker to provide an official translation of all documents that they want to be considered by an officer. In situations where the translation cannot be provided by a certified translator, it should be accompanied by an affidavit swearing to the accuracy of the translation and the language proficiency of the translator.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documentary evidence (part 3 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-4-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Documentary evidence", + "marginal_note": "Documentary evidence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers have an obligation to review all of the evidence presented by a temporary foreign worker and to allocate weight to this evidence in rendering their decision. When a document is provided without an official translation or affidavit, an officer may decide to assign little weight to that documentary evidence.\nNote: Where a temporary foreign worker provides supporting documents that are not in English or French, or are not accompanied by an official translation, officers may consider giving the temporary foreign worker an opportunity to provide the translation.\nWhere a request letter is sent but no translation is provided, the officer should clearly state in their decision that translations were requested, and explain how they weighed the documents due to the lack of required translation. For example, where no official translation is provided, an officer may state that they were unable to give the document significant weight. Where a temporary foreign worker does not provide an official translation or affidavit, the application should not be refused on that basis; the officer should still assess all the available supporting documentation and determine if the requirements of R207.1 are met.\nWeighing evidence of abuse\nTemporary foreign workers should provide as much evidence as possible to satisfy the officer, on reasonable grounds, that they are experiencing abuse or are at risk of abuse in the context of their employment in Canada.\nThe evidence provided may relate to one incident or a number of incidents and may be used to build a case history concerning whether or not abuse occurred. Officers must base their decisions on the totality of the evidence provided, keeping in mind that some evidence may be difficult for a victim of abuse to acquire.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documentary evidence (part 4 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-4-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Documentary evidence", + "marginal_note": "Documentary evidence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Cases should not be refused on the sole basis that temporary foreign workers are not able to provide corroborating evidence. Officers may ask for additional information or conduct an interview if needed, keeping in mind that a letter of explanation may be sufficient on its own to issue the work permit. While the lack of evidence may contribute to an officer’s reasons for refusal after the overall assessment of an application, the refusal should clearly explain why the evidence provided was not credible or sufficient on a balance of probabilities or did not provide them with reasonable grounds to believe that the temporary foreign worker was experiencing or at risk of abuse.\nOfficers assess the credibility of the information provided on a balance of probabilities to determine if there are reasonable grounds to believe that abuse took place or that the temporary foreign worker is at risk of abuse. This determination does not depend on the severity of the abuse (see the definition of abuse above) experienced by the worker.\nThe weight given to any factor in a case is an objective determination of the decision-maker. The task is to weigh the facts in a fair and impartial manner, considering both positive and negative elements. Decision-makers must determine which facts are most important, which evidence is the most persuasive, which argument is the most compelling or convincing, and why.\nOfficers should ensure that they explain in their decision why one piece of evidence was preferred over another. While it is not necessary to mention every piece of evidence, officers should address the evidence that is directly applicable to their decision or that is particularly significant in supporting the decision.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documentary evidence (part 5 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Reasons why temporary foreign workers may not disclose abuse\nIn considering the facts of an application, officers are encouraged to consider that a temporary foreign worker may endure abuse for a long time before seeking support or may never tell anyone. Therefore, it is possible that a temporary foreign worker may not disclose abuse when it starts occurring, and the timing of the application itself is not necessarily a negative factor and generally should not influence the duration of the new open work permit, if one is issued.\nTemporary foreign workers may keep abuse secret for reasons related to their circumstances, feelings, beliefs and level of knowledge about abuse. Examples of these reasons include the following:\nliteracy and language or cultural barriers\ngeographic or social isolation\nfear that they will not be believed\nlack of trust in the authorities that can help them\nhigh risk and fear associated with coming forward, notably if coming forward can result in retribution or reprisal in the workplace, or if they fear a negative impact on their immigration status\nbelief that their sexual identity will be questioned\nthe abuser manipulated, bribed, coerced or threatened them to prevent them from telling anyone about the abuse\nthe temporary foreign worker might be afraid of the abuser’s revenge\nlack of knowledge of how to report abuse, how to fill in an application or how to compile appropriate evidence\nStandard of proof - Reasonable grounds to believe\nFor the purposes of issuing an open work permit, officers must have reasonable grounds to believe that the temporary foreign worker is experiencing abuse or is at risk of abuse in the context of their employment in Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The “reasonable grounds to believe” standard requires something more than mere suspicion but less than the standard applicable in civil matters of proof on the balance of probabilities. In essence, reasonable grounds exist where there is an objective basis for the belief that is based on compelling and credible information.\nCompelling and credible information may include a document from a proper authority indicating that an event occurred; however, an anonymous letter alleging certain facts may not meet this threshold. Officers have to assess on the totality of the evidence in each case.\nHow to decide - Two-step decision-making process\nAlthough the test for determining if a temporary foreign worker is experiencing abuse or is at risk of abuse is reasonable grounds to believe, the test for assessing evidence for the purpose of making factual findings is a balance of probabilities. This means that the finding of facts for each situational statement or explanation supported by the evidence is subject to an evaluation at a higher test (balance of probabilities), but the final determination for a finding of abuse or risk of abuse is subject to a lower test (reasonable grounds).\nIn other words, officers need to do the following:\nStep 1. Determine if the facts and evidence presented by the temporary foreign worker are valid and credible on a balance of probabilities.\nStep 2. Assess the totality of the circumstances and evidence and determine if they have reasonable grounds to believe that the temporary foreign worker is experiencing abuse or is at risk of abuse in the context of their employment in Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-5-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When assessing applications, officers should maintain an objective and open mind, including when hearing the temporary foreign worker’s story (if an interview is conducted) and, subsequently, when evaluating the evidence provided by the temporary foreign worker. Officers should ensure that their decision includes an analysis where they explain any significant concerns with the evidence (i.e., credibility concerns, insufficient evidence, or both), how they weighed all of the facts and evidence, and how they came to their decision.\nFor further information: Decision-making: Standard of review and process for making a reasonable decision\nImportant: Officers should not contact the employer of record to verify any information.\nLevel of persuasion required by standards of proof for an element to be established:\nStandards of proof (higher to lower)\nDescription\nOfficer’s assessment\nBeyond reasonable doubt\nNo doubt; convinced\nNot applicable\nBalance of probabilities\nLikelihood of something being true\nStep 1. Officers must be satisfied on a balance of probabilities (50 + 1%) that the facts and evidence provided by the temporary foreign worker occurred and are credible.\nDid the events described take place?\nDid the situation occur?\nIs it credible?\nReasonable grounds to believe\nMore than a mere possibility; would satisfy an ordinarily cautious and prudent person\nStep 2. Officers must determine if they have reasonable grounds to believe that abuse occurred or that there is a risk of abuse.\nDo the events reported amount to “abuse”?\nWas the temporary foreign worker abused, or at risk of abuse?\nMere suspicion\nSimply an emotional reaction that it might be possible\nNot applicable", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-6-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Interviews", + "marginal_note": "Interviews", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Upon receipt of a case from a temporary foreign worker, and where an officer has determined that an interview is warranted, officers may\narrange an in-person interview with the temporary foreign worker\narrange a telephone or MS teams interview with the temporary foreign worker\nNote: Officers should keep in mind the urgency of these applications when determining which interview option to choose. However, where there are significant credibility concerns that may result in a refusal and need to be addressed, or where an interview would facilitate the temporary foreign worker’s clarification of their circumstances of abuse, an officer should consider an interview.\nArrangements for the interview can be made directly with the temporary foreign worker or through an appointed authorized representative. Representatives should be clearly identified with a “Use of a Representative” form [IMM 5476], whether they are a settlement service provider or a temporary foreign worker advocacy group. They should be unpaid, unless they are members of the Immigration Consultants of Canada Regulatory Council, lawyers or, in Quebec, notaries public.\nOfficers may use their discretion to determine whether or not an interview is required. However, an officer should consider conducting an interview in the following circumstances:\nthere are significant credibility concerns (e.g., contradictory information or evidence) that may result in refusal of the application\nthere is adverse extrinsic information before the officer that needs to be disclosed to the temporary foreign worker so they have an opportunity to respond\nan interview would facilitate the temporary foreign worker’s clarification of abuse that may not be reasonably corroborated by documentary evidence", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Interviews (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-6-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Interviews", + "marginal_note": "Interviews", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If an interview is required, IRCC will utilize the interpreter contracts already in place to provide interpretation services, if they are needed.\nIf an interview is conducted, officers are encouraged to consult the interview considerations for cases of abuse . While any concerns regarding contradictions or gaps in the temporary foreign worker’s submission or explanation should be addressed during the interview, officers should take into consideration the fact that individuals react to violence and trauma in different ways. It is not unusual for individuals who have suffered abuse to have difficulty recalling traumatic details, and in some cases, individuals may not be able to provide substantiating evidence.\nCreating an interview event in GCMS\nWhen an interview is scheduled or conducted, either in person or by MS teams or phone, an event should be created within GCMS. An event can be created from either the Events view within an application as follows:\nClick New .\nFrom the “Event” field, select Interview .\nFrom the “Purpose” field, select Eligibility .\nIn the “Location Start Date/Time” field, enter the appropriate start date and time.\nUpdate the “Start Date/Time”:\nClick the calendar icon within the “Start Date/Time” field.\nClick the correct date in the calendar window, and change the time in the hour and minute sliders in the calendar window.\nClick “Done”.\nAssign the event to the officer who will be conducting the interview. The event record will show up on the officer’s home page. The event outcome will automatically change to “Scheduled” once the “Start Date” is filled out.\nSave the information.\nRecord the interview event outcome in GCMS as “Completed” if either the temporary foreign worker failed to attend or the interview is completed.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Interviews (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-6-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Interviews", + "marginal_note": "Interviews", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Procedural fairness and interviews\nTo ensure procedural fairness, an officer should schedule an interview with the temporary foreign worker when there are significant credibility concerns that may result in a refusal and need to be addressed, or where an interview would facilitate the temporary foreign worker’s clarification of abuse. Officers should be sure to upload their interview notes and any evidence provided during the interview into GCMS.\nFollowing an interview, officers may issue a procedural fairness letter to the temporary foreign worker to outline any concerns that were not raised during the interview (e.g., extrinsic information or credibility issues come to light after the interview) and to provide the temporary foreign worker with an opportunity to respond.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Interviews (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Final Decision", + "marginal_note": "Final Decision", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Approval\nTemporary foreign workers who have applied for an open work permit for vulnerable workers under section R207.1 are not required to obtain an LMIA or offer of employment.\nIn addition, per subsection R200(3.1), paragraph R200(3)(e) does not apply to temporary foreign workers referred to in subsection R207.1(1), who have engaged in unauthorized work or failed to comply with a condition of a previous permit or authorization. Temporary foreign workers are required to meet all other requirements of the IRPA and IRPR, including valid temporary resident status.\nOpen work permits are issued under the authority of subsection R207.1(1) and are coded as follows:\nLMIA Exemption Code: A72\nNational Occupational Classification (NOC): 99999\nIntended Occupation: Open\nEmployer: Open\nCase Type: 20\nSpecial Program Code: VWOWP (vulnerable workers OWP)\nDuration: At their own discretion, officers may consider a duration of 12 months. The work permit may not be valid for longer than the passport or travel document.\nFees:  Exempt from the work permit processing fee per paragraph R299(2)(l). The open work permit privilege fee does not apply to OWP-V.\nRefusal\nIf an officer is not satisfied that all the requirements of section R207.1, including the assessment under paragraph R196.2, are met, they must record their reasons and outline the rationale underlying the decision, as well as the facts and elements considered, in a case note.\nThe reasons for the refusal should clearly indicate which criteria or what requirements of section R207.1 were not met and explain how the conclusion was reached.\nFor assistance, officers can follow the steps in Decision-making: Standard of review and process for making a reasonable decision .\nNote: Failure to provide an explanation about the temporary foreign worker’s alleged abuse in the form of a letter or the IMM 0017 should not be the only basis for a refusal, as temporary foreign workers are not required to provide information pertaining to their situation in this format.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Final Decision", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Subsequent OWP-V applications", + "marginal_note": "Subsequent OWP-V applications", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Temporary foreign workers are eligible for another OWP-V only if their previous employer-specific work permit is still valid (that is, it has not been revoked or cancelled or become invalid under section R209) or they have maintained status on their employer-specific work permit, and they continue to meet other requirements of section R207.1, meaning they are in Canada, and officers have reasonable grounds to believe they are still experiencing abuse or are at risk of experiencing abuse in the context of their employment in Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Subsequent OWP-V applications", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-9", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Biometrics", + "marginal_note": "Biometrics", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "These temporary foreign workers are not specifically exempt from the biometrics requirement or from paying the biometrics fee. Biometrics and the biometrics fee should be requested.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Biometrics", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-10", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Immigration Medical Examination", + "marginal_note": "Immigration Medical Examination", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Temporary foreign workers who are applying to remain in Canada as temporary residents (including OWP-V applicants) may be required to undergo an Immigration Medical Exam (IME) under subparagraph R30(1)(a)(ii-iv) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Immigration Medical Examination", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-49-11", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for vulnerable workers [R207.1 – A72] – In — Family members", + "marginal_note": "Family members", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Family members  who are currently in Canada  are eligible to obtain an open work permit under subsection R207.1(2) if the vulnerable worker has been issued an OWP-V. Family members have their work permits issued under the OWP-V and for the same duration as the vulnerable worker or until the expiry of their passport or travel document, whichever is earlier. They benefit from the same fee exemptions as the vulnerable worker.\nIf a family member is working for the same employer and is also found to be experiencing abuse or to be at risk of abuse, the officer must add a note in GCMS, under the family member’s unique client identifier (UCI), with that information for inspection purposes.\nAs family members, dependent children who are of working age are also eligible to obtain an open work permit under the OWP-V and for the same duration as the vulnerable worker or until the expiry of their passport or travel document, whichever is earlier. They benefit from the same fee exemptions as the vulnerable worker.\nOpen work permits\nOpen work permits issued to family members in Canada of vulnerable workers are issued under the authority of subsection R207.2(2) and are coded as follows:\nLMIA Exemption Code: A72\nNOC: 99999\nIntended Occupation: open\nEmployer: open\nCase Type: 20\nSpecial Program Code: VWOWP (vulnerable workers OWP)\nDuration: Same duration as the vulnerable worker. The work permit may not be valid for longer than passport or travel document validity.\nFees:  Exempt from the work permit processing fee (code E02) per paragraph R299(2)(l). The open work permit privilege fee does not apply to OWP-V.\nVisitor records and study permits\nDependent children in Canada\nA new visitor record or study permit may be issued to dependent children in Canada for the same duration as the vulnerable worker’s open work permit, if the immigration status of their dependent children who are currently in Canada is expiring before the end of the validity of the vulnerable worker’s open work permit. They benefit from a fee exemption under code 999, exceptional cases. Officers must identify those cases by using the special program code “VWOWP”.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Family members", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html" + }, + { + "id": "pdi-tr-50-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Destitute students [R208(a) – H81] – Humanitarian reasons – International Mobili", + "marginal_note": "Destitute students [R208(a) – H81] – Humanitarian reasons – International Mobility Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThese instructions apply to IRCC employees. Given that applicants cannot submit their applications at a port of entry, the instructions do not apply to border services officers.\nThe instructions on this page should be reviewed in conjunction with:\nOpen work permit – General processing and issuance\nConditions and validity period on work permits\nUnder  paragraph 208(a) of the Immigration and Refugee Protection Regulations (IRPR), work permits may be issued to foreign nationals who cannot support themselves without working and who are study permit holders who have become temporarily destitute through circumstances beyond their control and beyond the control of any person on whom that person is dependent for financial support to complete their term of study.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Destitute students [R208(a) – H81] – Humanitarian reasons – International Mobility Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/humanitarian-reasons-r208.html" + }, + { + "id": "pdi-tr-50-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Destitute students [R208(a) – H81] – Humanitarian reasons – — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Eligibility\nDocumentary evidence\nApplication assessment\nEvidence that the foreign national is unable to support themselves without working\nEvidence of circumstances beyond the foreign national’s control and beyond the control of any person on whom that person is dependent for financial support to complete their term of study\nFinal decision\nApproval\nGCMS coding\nRefusal\nFamily members", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/humanitarian-reasons-r208.html" + }, + { + "id": "pdi-tr-50-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Destitute students [R208(a) – H81] – Humanitarian reasons – — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To be eligible under paragraph R208(a) , administrative code H81, a foreign national must\nhold a valid study permit;\nbe enrolled in a designated learning institution (DLI) and remain actively engaged in their studies as per section R220.1 ;\nbe unable to support themselves without working; and\nhave become temporarily destitute through circumstances beyond their control and beyond the control of any person on whom that person is dependent for financial support to complete their term of study.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/humanitarian-reasons-r208.html" + }, + { + "id": "pdi-tr-50-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Destitute students [R208(a) – H81] – Humanitarian reasons – — Documentary evidence", + "marginal_note": "Documentary evidence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "With the application for a work permit, officers should be satisfied that they have the following documentary evidence to make an assessment:\nevidence that the foreign national holds a valid study permit;\nevidence that the foreign national is enrolled in a DLI and actively engaged in studies ;\nevidence that the foreign national is unable to support themselves without working; and\nevidence that the foreign national has become temporarily destitute through circumstances beyond their control and beyond the control of any person on whom that person is dependent for financial support to complete their term of study.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documentary evidence", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/humanitarian-reasons-r208.html" + }, + { + "id": "pdi-tr-50-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Destitute students [R208(a) – H81] – Humanitarian reasons – — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Paragraph R208(a) applies to foreign students who, due to circumstances beyond their control, may find themselves unable to meet the costs of their studies in Canada, be it their day-to-day needs or their tuition.\nWhile academic institutions do grant some leeway on obligations such as tuition and residence fees, working may be the only solution for students to subsist in these circumstances.\nParagraph R208(a) provides the opportunity for students to cover such difficult financial periods should on-campus employment under paragraph R186(f) , off-campus employment under paragraph R186(v) or co-op employment, if eligible, prove to be insufficient.\nIt should be noted that, as per section R220, study permit holders are expected to have sufficient and available resources, without working in Canada, to pay their tuition and maintain themselves and any family members. Therefore, an open work permit should only be provided in exceptional circumstances.\nWhen officers are reviewing the work permit application for destitute students, the following factors should be reviewed:\nEvidence that the foreign national is unable to support themselves without working\nThe onus is on the foreign national to satisfy an officer that they are temporarily unable to support themselves without working beyond the employment allowed in section R186 .\nImportant: It is not the intent that the study permit holder apply for social assistance before being issued a work permit.\nOfficers may accept any evidence that satisfies them that the foreign national meets this requirement. Evidence to assess the inability of the foreign national to support themselves may be, but is not limited to, the following:\na letter or cheque stub from the provincial or territorial social services department\nbank statements", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/humanitarian-reasons-r208.html" + }, + { + "id": "pdi-tr-50-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Destitute students [R208(a) – H81] – Humanitarian reasons – — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "letters from assistance groups\na review of the client’s immigration history and application forms, or other related documentation\nOfficers may consider that this particular eligibility criterion has been met if there is any likelihood that the foreign national might require public assistance.\nEvidence of circumstances beyond the foreign national’s control and beyond the control of any person on whom that person is dependent for financial support to complete their term of study\nIn addition to providing evidence that they are temporarily destitute, the study permit holder must also provide evidence that the loss of financial support was beyond their control and the control of any person on whom that person is dependent for financial support to complete their term of study.\nForeign nationals who applied to study in Canada must have demonstrated and satisfied an officer that they had the financial resources, without working in Canada, to pay their tuition, maintain themselves and their family members in Canada, and pay the costs of transporting themselves and their family members to and from Canada.\nThe onus is on the foreign national to satisfy the officer that the loss of financial means was beyond their control and beyond the control of any person on whom that person is dependent for financial support. Each case should be considered on its own merit. Some cases may be self-evident, while others will require further explanation by the foreign national.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/humanitarian-reasons-r208.html" + }, + { + "id": "pdi-tr-50-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Destitute students [R208(a) – H81] – Humanitarian reasons – — Final decision", + "marginal_note": "Final decision", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Approval\nThe work permit will be issued under the authority of paragraph R208(a).\nOfficer discretion can be used to determine the length of the open work permit to be issued based on the circumstances of each individual case. The open work permit is meant for temporary support only; therefore, the duration of the work permit cannot exceed the end of the current semester or term of study .\nStudents must continue to meet the conditions of their study permit while holding and working with the open work permit, namely to remain enrolled in a designated learning institution and actively pursue their studies.\nGCMS coding\nIn the Global Case Management System (GCMS), under the Application screen, officers should enter the information below in the specified fields:\nGCMS coding\nField\nSelection or input\nCase type\n24 - Student\nProvince of destination\nOpen\nCity of destination\nOpen\nExemption code\nH81\nNOC\n99999\nIntended occupation\nOpen\nor\nOpen Restricted (see Conditions for further instructions)\nEmployer\nOpen\nDuration\nTo the end of the current semester or term of study\nDo not issue for the duration of the study permit or the complete duration of the entire program of studies.\nConditions\nIf there is no immigration medical examination (IME) or the IME has expired, the work permit must include conditions restricting work in designated occupations.\nSee instructions: Medical conditions to be imposed for occupation-restricted work permits\nFees\nWork permit processing fee: exempt under paragraph R299(2)(d). Exemption code: E01.\nOpen work permit holder fee: exempt under paragraph R303.2 (2)(a). Exemption code: P01.\nRefusal\nIf an officer is not satisfied that all the requirements of section R200, including the assessment under paragraph R208(a) are met, they must record their reasons and outline the rationale underlying the decision, as well as the facts and elements considered. They must also provide an explanation for the decision in a case note.\nRefusal reasons should clearly indicate which criteria or what requirement of section R200 or paragraph R208(a) was not met and explain how the conclusion was reached. For assistance, officers can follow the steps in Decision making: Standard of review and process for making a reasonable decision .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Final decision", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/humanitarian-reasons-r208.html" + }, + { + "id": "pdi-tr-50-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Destitute students [R208(a) – H81] – Humanitarian reasons – — Family members", + "marginal_note": "Family members", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Paragraph R208(a) does not include family members who are not themselves described in paragraph R208(a). Family members of study permit holders are not eligible for an open work permit under this section.\nNote: Spouses or common-law partners of some study permit holders may be eligible for an open work permit under paragraph R205(c). For more information, please see Spouses or common-law partners of study permit holders [C42]", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Family members", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/humanitarian-reasons-r208.html" + }, + { + "id": "pdi-tr-51-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit holders [R208(b) – H82] – Humanitarian reasons – Inter", + "marginal_note": "Temporary resident permit holders [R208(b) – H82] – Humanitarian reasons – International Mobility Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThese instructions apply to IRCC employees. Given that applicants cannot submit their applications at a port of entry, the instructions do not apply to border services officers.\nThe instructions on this page should be reviewed in conjunction with:\nOpen work permit – General processing and issuance\nConditions and validity period on work permits\nParagraph 208(b) of the Immigration and Refugee Protection Regulations (IRPR) applies to foreign nationals who have been issued a temporary resident permit (TRP) under subsection 24(1) of the Immigration and Refugee Protection Act (IRPA) to overcome an inadmissibility or requirement of the IRPA and who cannot support themselves without working.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary resident permit holders [R208(b) – H82] – Humanitarian reasons – International Mobility Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/humanitarian-h82.html" + }, + { + "id": "pdi-tr-51-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit holders [R208(b) – H82] – Humanita — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Eligibility\nDocumentary evidence\nEvidence that the foreign national cannot support themselves without working\nApplication assessment\nFinal decision\nApproval\nGCMS coding\nRefusal\nFamily members", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/humanitarian-h82.html" + }, + { + "id": "pdi-tr-51-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit holders [R208(b) – H82] – Humanita — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To be eligible under paragraph R208(b), administrative code H82, a foreign national must\nhave been issued a TRP with a validity of 6 months or more; and\nhave no other means of financial support (insufficient family support or other means of meeting their needs).\nThe issued TRP has to be valid for 6 months or longer; there cannot be subsequent TRPs adding up to over 6 months.\nIf a TRP application is submitted with a work permit application, the applicant submits a work permit application (IMM 5710) and checks the box “Get a new temporary resident permit (for inadmissible applicants only)”. The IMM 5710 is submitted on paper, as the applicant is required to provide 2 passport-sized photos when requesting a TRP. If the foreign national is already a TRP holder, they may submit their work permit application online.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/humanitarian-h82.html" + }, + { + "id": "pdi-tr-51-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit holders [R208(b) – H82] – Humanita — Documentary evidence", + "marginal_note": "Documentary evidence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "With the application for a work permit, officers should be satisfied that they have the following documentary evidence to make an assessment:\nevidence that the foreign national has been issued a TRP that is valid for 6 months or more; and\nevidence that the foreign national cannot support themselves without working.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documentary evidence", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/humanitarian-h82.html" + }, + { + "id": "pdi-tr-51-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit holders [R208(b) – H82] – Humanita — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When officers are reviewing the work permit application for temporary resident permit holders, the following factors should be reviewed:\nEvidence that the foreign national cannot support themselves without working\nThe onus is on the foreign national to satisfy an officer that they are unable to support themselves without working.\nImportant: It is not the intent that the foreign national apply for social assistance before being issued a work permit.\nOfficers may accept any evidence that satisfies them that the foreign national meets this requirement. Evidence to assess the inability of the foreign national to support themselves may be, but is not limited to, the following:\na letter or cheque stub from the provincial or territorial social services department\nbank statements\nletters from assistance groups\ndocuments related to the inability to obtain family support or other means of support (for example, death certificate, bank statements from family members, signed affidavit)\na review of the client’s immigration history and application forms, or other related documentation\nOfficers may consider that this particular eligibility criterion has been met if there is any likelihood that the foreign national might require public assistance.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/humanitarian-h82.html" + }, + { + "id": "pdi-tr-51-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit holders [R208(b) – H82] – Humanita — Final decision", + "marginal_note": "Final decision", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Approval\nThe work permit will be issued under the authority of paragraph R208(b).\nOfficers should consider issuing the work permit for the same duration as the TRP. The work permit is meant for temporary support only; therefore, the duration of the work permit should not exceed the validity of the TRP .\nGCMS coding\nIn the Global Case Management System (GCMS), under the Application screen, officers should enter the following information in the specified fields:\nGCMS coding\nField\nSelection or input\nCase type\n28\nProvince of destination\nUnknown\nCity of destination\nUnknown\nExemption code\nH82\nNOC\n99999\nIntended occupation\nOpen\nor\nOpen Restricted (see Conditions for further instructions)\nEmployer\nOpen\nDuration\nEqual to the validity of the temporary resident permit\nConditions\nIf there is no IME or the IME has expired, the work permit must include conditions restricting work in designated occupations.\nSee instructions: Medical conditions to be imposed for occupation-restricted work permits\nUser remark (mandatory)\nTRP Holder\nFees\nWork permit processing fee: required.\nOpen work permit holder fee: Not required as paragraph R208(b) is not included in section R303.2, which specifies who pays the fee. Exemption code: P03.\nOfficers should be aware that both fees are automatically triggered in the online application tool.\nTo reduce refunds, applicants are instructed to pay the work permit processing fee outside the online tool and upload their receipt under Proof of Fee Exemption. For more information on applicant instructions , consult How to pay your fee .\nMandatory refunds: For applicants who have paid the open work permit holder fee, officers must initiate a refund of fees as per normal office procedures.\nRefusal\nIf an officer is not satisfied that all the requirements of section R200, including the assessment under paragraph R208(b) are met, they must record their reasons and outline the rationale underlying the decision, as well as the facts and elements considered. They must also provide an explanation for the decision in a case note.\nRefusal reasons should clearly indicate which criteria or what requirement of section R200 or paragraph R208(b) was not met and explain how the conclusion was reached. For assistance, officers can follow the steps in Decision making: Standard of review and process for making a reasonable decision .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Final decision", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/humanitarian-h82.html" + }, + { + "id": "pdi-tr-51-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit holders [R208(b) – H82] – Humanita — Family members", + "marginal_note": "Family members", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Paragraph R208(b) does not include family members who are not themselves described in paragraph R208(b). Family members of temporary resident permit holders are not eligible for an open work permit under this section.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Family members", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/humanitarian-h82.html" + }, + { + "id": "pdi-tr-52-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Unique work situations – International Mobility Program and Temporary Foreign Wo", + "marginal_note": "Unique work situations – International Mobility Program and Temporary Foreign Worker Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nTo determine whether a temporary resident requires a work permit or a Labour Market Impact Assessment (LMIA), the officer should first determine whether the activity the person seeks to engage in constitutes “work” as defined by the Immigration and Refugee Protection Regulations . For a better understanding of the term “work”, refer to What is work .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Unique work situations – International Mobility Program and Temporary Foreign Worker Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/unique-situations.html" + }, + { + "id": "pdi-tr-52-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Unique work situations – International Mobility Program and — Unique work situations", + "marginal_note": "Unique work situations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Airline personnel\nBridge and tunnel authorities\nResidential summer camp counsellors\nForeign camp owner or director\nFishing guides\nInterns\nInterns with international organizations recognized under the Foreign Missions and International Organizations Act\nOceans Act\nUnited States government personnel\nRail grinder operators, rail welders or other specialized track maintenance workers\nForeign freelance jockeys\nExperts on mission, working for a United Nations office in Canada (LMIA exemption code C10)\nCaribbean Agricultural Liaison Officers [R205(a) – C10] – Canadian interests – International Mobility Program\nWorld Anti-Doping Agency international employees [R205(a) – C10] – Unique situations: International Mobility Program", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Unique work situations", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/unique-situations.html" + }, + { + "id": "pdi-tr-53-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "International Mobility Program: Special initiatives and pilot projects", + "marginal_note": "International Mobility Program: Special initiatives and pilot projects", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: International Mobility Program: Special initiatives and pilot projects", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project.html" + }, + { + "id": "pdi-tr-53-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "International Mobility Program: Special initiatives and pilo — Federal pilot projects", + "marginal_note": "Federal pilot projects", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Open work permits for applicants under the Interim Pathway for Caregivers\nOpen work permit pilot program for permanent residence applicants in the spouse or common-law partner in Canada class\nWork permits issued to seafood-processing workers", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Federal pilot projects", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project.html" + }, + { + "id": "pdi-tr-54-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "ARCHIVED – Public policy to issue an open work permit to cer — We have archived this page and will not be updating it.", + "marginal_note": "We have archived this page and will not be updating it.", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "You can use it for research or reference.\nThis section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe instructions on this page should be reviewed in conjunction with:\nOpen work permit – General processing and issuance\nConditions and validity period on work permits\nA new temporary public policy came into effect on April 6, 2023, and will expire on December 31, 2023. Under this public policy, PGWP holders whose permit expired or will expire between September 20, 2021, and December 31, 2023, will be able to maintain or restore their legal status and obtain an open work permit while in Canada to support themselves and fill labour market needs in Canada.\nAll applications must be submitted on or before the public policy expiration of December 31, 2023.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: We have archived this page and will not be updating it.", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/pgwp.html" + }, + { + "id": "pdi-tr-54-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "ARCHIVED – Public policy to issue an open work permit to cer — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Policy objective\nInterim work authorization\nEligibility\nReceipt of work permit application\nDocumentary evidence\nApplication assessment\nProhibitions\nRestoring status\nFinal decision\nApproval\nRefusals", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/pgwp.html" + }, + { + "id": "pdi-tr-54-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "ARCHIVED – Public policy to issue an open work permit to cer — Policy objective", + "marginal_note": "Policy objective", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This public policy will address the continued record-low unemployment rates and shortfall in available workers that employers indicate continues to be their biggest challenge. Facilitating access to open work permits may help employers fill those positions and help to prevent some workers from having to quit their jobs and leave the country.\nThis public policy will permit eligible PGWP holders and former PGWP holders\nin Canada to work without authorization in the short term (however, this authorization does not in itself provide status in Canada or authorization to return to Canada)\nto apply from within Canada for an open work permit and facilitate restoration of their status, if applicable\nwho left Canada to apply for an open work permit from outside Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Policy objective", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/pgwp.html" + }, + { + "id": "pdi-tr-54-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "ARCHIVED – Public policy to issue an open work permit to cer — Interim work authorization", + "marginal_note": "Interim work authorization", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Interim work authorization (IWA) letters were sent on April 5, 2023, to PGWP holders whose permits expire between September 20, 2021, and December 31, 2023. The IWA authorizes holders to begin or continue working in Canada until May 31, 2024, while they apply for a new open work permit under the public policy and await a decision on the application.\nThe IWA does not confer temporary resident status. Therefore, if the IWA holder loses their temporary resident status, time spent working under an IWA without status does not count towards Canadian work experience for the purposes of transitioning to permanent residency or accessing provincial health care services.\nForeign nationals are responsible for holding and maintaining their temporary resident status. The IWA cannot be used to travel or obtain entry to Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Interim work authorization", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/pgwp.html" + }, + { + "id": "pdi-tr-54-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "ARCHIVED – Public policy to issue an open work permit to cer — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To be eligible under this public policy, the foreign national must meet the criteria below.\nThe foreign national:\nheld or holds a PGWP with an expiry date between September 20, 2021, and December 31, 2023\napplied online for an open work permit between April 6, 2023, and December 31, 2023. Applicants can only apply on paper if they can’t apply online because of a disability or a problem with the online application.\nhas requested both\na maximum duration of 18 months\nconsideration under this public policy\nhas applied for restoration of temporary resident status, under subsection 182(1) of the Immigration and Refugee Protection Regulations, if applicable\nNote: Applicants are exempt from the requirements of paragraphs A 20(1)(b) , A 22(2) , R 182(1) , R 183(1)(b) , R 196 , R 199(a) to (i) , R 200(1)(b) , R  200(1)(c) , and R 200(3)(e) . This includes foreign nationals residing in Quebec.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/pgwp.html" + }, + { + "id": "pdi-tr-54-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "ARCHIVED – Public policy to issue an open work permit to cer — Receipt of work permit application", + "marginal_note": "Receipt of work permit application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applications must be submitted online. Applicants can only apply on paper if they can’t apply online because of a disability or a problem with the online application.\nApplicant instructions are found online on the following pages: Current and former post-graduation work permit holders: How to apply under a public policy if you’re in Canada or Current and former post-graduation work permit holders: How to apply under a public policy if you’re outside Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Receipt of work permit application", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/pgwp.html" + }, + { + "id": "pdi-tr-54-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "ARCHIVED – Public policy to issue an open work permit to cer — Documentary evidence", + "marginal_note": "Documentary evidence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers should be satisfied that they have the following documentary evidence to make an assessment:\nan application for an open work permit received electronically between April 6, 2023, and December 31, 2023, unless exempt from the mandatory online submission\na request for consideration under this public policy, including the duration of the work permit they are seeking (maximum of 18 months)\na previous work permit with the LMIA-exemption code of C43 with an expiry date of between September 20, 2021, and December 31, 2023.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documentary evidence", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/pgwp.html" + }, + { + "id": "pdi-tr-54-9", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "ARCHIVED – Public policy to issue an open work permit to cer — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers must be satisfied that all eligibility criteria under the public policy and regulations are met at the time of decision on the work permit application.\nProhibitions\nThis public policy waives the requirement of paragraph  R200(3)(e) , which prohibits the issuance of a work permit where there has been unauthorized work or study. This paragraph is not waived if the applicant’s unauthorized work was for an employer described in  section R196.1 . Foreign nationals eligible under this public policy are subject to all other legislative obligations and admissibility and selection requirements that are not exempted under this or any other public policy.\nRestoring status\nEligible applicants who have lost their status between September 20, 2021, and December 31, 2023, must apply for an open work permit and for restoration of temporary resident status at the same time .\nThe 90-day restoration period is waived for eligible applicants under this public policy.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/pgwp.html" + }, + { + "id": "pdi-tr-54-10", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "ARCHIVED – Public policy to issue an open work permit to cer — Final decision", + "marginal_note": "Final decision", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Approval\nThe open work permit will be issued under the authority of A25.2 and R200.\nIn the Global Case Management System (GCMS), on the Application screen, officers should enter the information below in the specified fields:\nField\nSelection or input\nCase type\n20 – open work permit\nProvince of destination\nUnknown\nCity of destination\nUnknown\nExemption code\nR01\nNOC\n99999\nIntended occupation\n2023 PGWP PP Open\nDuration\nMaximum of 18 months from the date of approval or from the expiry date of the applicant’s PGWP if their PGWP is valid, without exceeding the validity of the applicant’s passport or biometrics\nIf an open work permit is issued for less than the maximum length of 18 months because the applicant’s passport or biometrics is expiring within 18 months, the officer should include the following explanation in the “Notes” tab in the GCMS:\n“WP validity is less than 18 months due to the applicant’s passport or biometrics validity date.”\nUser remark\n(mandatory)\nPost-Graduation Work Permit Public Policy 2023\nProcessing fees\n$155 work permit fee\n$200 restoration fee , if applicable\nOpen work permit holder fee EXEMPT – P03\nThe $100 open work permit fee is not required by the IRPR. However, if the applicant has paid this fee, officers will need to initiate a refund.\nBiometrics\n$85 biometrics fee , if applicable\nIf an applicant has not previously provided biometric enrollment or their enrollment expires in less than 18 months, a new enrollment is required.\nRefusals\nIf an officer is not satisfied that all the requirements of R200 are met, including the assessment under the public policy, they must record their reasons and outline the rationale underlying the decision as well as the facts and elements considered. They must also provide an explanation for the decision in a case note.\nFor assistance, officers can follow the steps in Decision making: Standard of review and process for making a reasonable decision .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Final decision", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/pgwp.html" + }, + { + "id": "pdi-tr-55-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy for out-of-status or unauthorized home care workers: Work permits ", + "marginal_note": "Public policy for out-of-status or unauthorized home care workers: Work permits and restoration of status", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nApplications made under this public policy cannot be made on entry; therefore, these instructions  do not  apply to officers employed by the Canada Border Services Agency (CBSA). Work permit applications must be submitted online.\nThe instructions on this page should be reviewed in conjunction with the following:\nOpen work permit – General processing and issuance\nConditions and validity period on work permits\nInternational students (for family members applying under this public policy)\nRestoration of status\nEligibility for extending temporary resident status\nExtensions for minors", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Public policy for out-of-status or unauthorized home care workers: Work permits and restoration of status", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-out-of-status-unauthorized-home-care-workers.html" + }, + { + "id": "pdi-tr-55-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy for out-of-status or unauthorized home care wo — Background", + "marginal_note": "Background", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A 5-year temporary public policy took effect on March 31, 2025, to allow out-of-status and unauthorized home care workers to restore or extend their status in Canada and obtain a work permit while their permanent residence application is processed. The public policy applies to individuals who applied for permanent residence under Stream A (Workers in Canada) of the Home Care Worker Immigration Child Care or Home Support classes and who sought exemptions under the permanent resident public policy .\nAccompanying family members in Canada who are included on the permanent residence application are also eligible to restore or extend their status, work or study in Canada, as applicable, under the temporary public policy .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Background", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-out-of-status-unauthorized-home-care-workers.html" + }, + { + "id": "pdi-tr-55-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy for out-of-status or unauthorized home care wo — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Eligibility\nPrincipal foreign national\nFamily members in Canada\nDocumentary evidence\nPrincipal foreign national\nFamily members in Canada\nReceipt of application\nAssessing the application\nAssessing if the applicant passed R10 on their application for permanent residence\nGenuine relationship\nDependent children and working age\nRenewals\nProcessing open work permit applications\nProcessing applications to extend the foreign national’s stay or restore their status as visitors\nProcessing family members’ study permit applications\nFees and refunds\nAdmissibility\nFinal decision\nApproval of work permit application\nApproval to restore the authorized period of stay as temporary residents (visitors)\nApproval of study permit applications (for family members only)\nRefusal", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-out-of-status-unauthorized-home-care-workers.html" + }, + { + "id": "pdi-tr-55-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy for out-of-status or unauthorized home care wo — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note to officers: Applicants who previously held a temporary resident permit (TRP) or accompanying family members who entered Canada by irregular means and never held temporary resident status must apply for a temporary resident permit by submitting a paper application, in order to receive temporary resident (TR) status.\nPrincipal foreign national\nThis public policy exempts foreign nationals from certain temporary residence requirements so that they can restore their status in Canada even if more than 90 days have passed since they lost their temporary resident status. It also allows them to extend their temporary resident status or obtain a work permit.\nTo be eligible for the public policy, applicants must meet all of the following public policy criteria. The applicant must\nhave an application for permanent residence (PR) under one of the Home Care Worker Immigration Pilot (HCWIP) – Workers in Canada public policy streams that has passed the R10 completeness check and been put into processing; refer to Assessing the application for more instructions\nbe physically present in Canada when they submit the work permit, extension of TR status, or restoration of TR status application(s) [ see note ]  \nhave legally entered Canada as a temporary resident on or before December 16, 2021, resided in Canada continuously since then, and had a work permit at some point during that period\nat the time of application, not have authorization to work and\nnot have temporary resident status; or\nbe a visitor\nnot have made a refugee claim in Canada\nnot be subject to a removal order\nOpen work permits", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-out-of-status-unauthorized-home-care-workers.html" + }, + { + "id": "pdi-tr-55-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy for out-of-status or unauthorized home care wo — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Principal applicants may be eligible to apply for an open work permit (administrative code R01). They may apply to restore their status and apply for a work permit, or they may apply for a work permit without requesting restoration if they have a valid status.\nTRP holders who let their status lapse are not eligible for restoration.\nVisitors\nPrincipal applicants are eligible to restore their status as temporary residents (visitors) in Canada even if more than 90 days have passed since they lost their temporary resident status, or they can apply to extend their temporary resident status in Canada.\nTRP holders who let their status lapse are not eligible for restoration.\nFamily members in Canada\nIn-Canada family members can apply under the public policy to restore their temporary resident status in Canada even if more than 90 days have passed since they lost their temporary resident status. They can also apply to extend their temporary resident status or apply for an open work permit or study permit if they meet the conditions of the public policy. \nTo be eligible for the public policy, family members must\nbe included as an accompanying family member in the principal applicant’s PR application\nmeet the definition of a “family member” in subsection 1(3) of the Immigration and Refugee Protection Regulations (IRPR)\nbe physically present in Canada when they submit the work or study permit or application(s) to renew, extend or restore TR status [ see note ]\nnot have made a refugee claim in Canada\nnot be subject to a removal order\nOpen work permits", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-out-of-status-unauthorized-home-care-workers.html" + }, + { + "id": "pdi-tr-55-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy for out-of-status or unauthorized home care wo — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "All family members may be eligible to apply for an open work permit (administrative code R01). They may apply to restore their status and apply for a work permit using the same application, or they may apply for a work permit without requesting restoration if they have a valid status.\nTRP holders who have a work permit are required to apply for another TRP by paper.\nStudy permits\nAll family members are eligible to apply for or renew their study permit. They may apply for restoration of status and a study permit in the same application, or they may apply for a study permit under the regular study permit stream without restoration if they have valid status.\nMinor children can apply for a study permit under existing study permit streams, or they may study without one at the K–12 level if they are already in Canada and both parents are not visitors. Applications must be submitted online.\nNote to officers : Principal applicants are not eligible to apply for a study permit under the public policy.\nVisitors\nAll family members are eligible to restore their status as temporary residents (visitors) in Canada even if more than 90 days have passed since they lost their temporary resident status, or they can apply to extend their temporary resident status in Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-out-of-status-unauthorized-home-care-workers.html" + }, + { + "id": "pdi-tr-55-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy for out-of-status or unauthorized home care wo — Documentary evidence", + "marginal_note": "Documentary evidence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For all applications facilitated by this public policy, officers should be satisfied that foreign nationals have the following documentary evidence to make an assessment.\nPrincipal foreign national\nProof that PR application has been submitted and accepted into processing\nExamples of proof:\nIf the applicant has received an acknowledgement of receipt (AOR) from their PR application, they can provide the AOR.\nNote : Applicants are not required to submit their AOR as proof. If the AOR is not provided by the applicant, officers must hold processing of the application until the officer can confirm in the Global Case Management System (GCMS) if the applicant passed the R10 completeness check. Refer to Assessing the application for more instructions on this requirement.\nIf the applicant has not yet received an AOR, they can provide\nthe tracking receipt or number from a courier and proof of payment of application fees for PR applications submitted (if the application was submitted by paper); or\na copy of the email confirming that the application was submitted in the online portal and proof of payment of application fees for PR applications submitted.\nBe physically present in Canada and have continuously resided in Canada since December 16, 2021\nApplicants must have been authorized to enter Canada legally as temporary residents on or before December 16, 2021, and continuously resided in Canada since then.\nExamples of proof of an authorized entry to Canada:\nPhotocopies of passport pages clearly showing the stamp made by Canadian authorities on the applicant’s most recent entry to Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documentary evidence (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-out-of-status-unauthorized-home-care-workers.html" + }, + { + "id": "pdi-tr-55-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy for out-of-status or unauthorized home care wo — Documentary evidence", + "marginal_note": "Documentary evidence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Copies of immigration documents such as an expired work permit, visitor record or study permit. If the proof cannot be provided by the applicant, officers may check in GCMS if the applicant was issued a permit at the time of entry to Canada.\nExamples of proof of residence in Canada:\ncopies of a lease or rental agreement\na letter from a landlord or property owner attesting to residence and specifying dates\nutility bills\nany other bills that contain the applicant’s residential address\ncopy of a bank statement or credit card statement with the applicant’s address\nemployment documents or personal services contract\nevidence of receipt of benefits from Canadian government programs\nrental agreements\nclub memberships\nExamples of proof of physical presence:\nProof of physical presence will resemble proof of residence, but the officer needs to be satisfied that the applicant was physically present in Canada when they applied. If the applicant leaves Canada after they applied, they can still be eligible under the public policy.\nHad a work permit at some point during that period\nApplicants must have a copy of an expired work permit. If the proof cannot be provided by the applicant, officers may check in GCMS if the applicant was issued a work permit during that period.\nStatus in Canada\nApplicants must \nnot have authorization to work and\nhave no legal immigration status; or\nbe a visitor\nnot have made a refugee claim in Canada\nnot be subject to a removal order\nProof: Officers may verify this in GCMS\nFamily members in Canada\nAccompanying family members must provide the following:\nA copy of the IMM 0008 form for the PR application in which the principal applicant listed the name of their family members.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documentary evidence (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-out-of-status-unauthorized-home-care-workers.html" + }, + { + "id": "pdi-tr-55-4-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy for out-of-status or unauthorized home care wo — Documentary evidence", + "marginal_note": "Documentary evidence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Proof of relationship (for example, a marriage certificate, Statutory Declaration of Common-Law Union [IMM 5409], birth certificate of a common child that shows both parents’ names)\nIf the family members are applying individually after the principal applicant receives approval from IRCC on their TR application(s) to be authorized to work or to stay in Canada as a visitor, the family members are instructed to include a letter in their application indicating:\nthe principal applicant’s work permit number (W#) or the visitor record number issued by IRCC and/or the principal applicant’s PR application number\nthey are applying under this public policy: Temporary public policy to exempt home care workers who have made an application for a permanent resident visa through the Home Care Worker Immigration pilots from certain temporary residence requirements\nIf the family members are applying with the principal applicant as a family group, they are not required to include this letter in their application.\nBe physically present in Canada\nThe officer needs to be satisfied that the applicant was physically present in Canada when they submitted any application facilitated under this public policy. If the applicant leaves Canada after they applied, they can still be eligible under the public policy.\nStatus in Canada\nTo be eligible for this public policy, applicants must \nnot have made a refugee claim in Canada\nnot be subject to a removal order\nProof: This requirement should be verified by the officer in GCMS", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documentary evidence (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-out-of-status-unauthorized-home-care-workers.html" + }, + { + "id": "pdi-tr-55-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy for out-of-status or unauthorized home care wo — Receipt of application", + "marginal_note": "Receipt of application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "All applications must be submitted online unless the applicant is exempt under section R9.4 or R9.5 .\nPaper application\nIf the applicant meets one of the exemptions under section R9.4 or R9.5 (for example, if they require accommodations under section R9.5, including for a disability), they can submit their application in another format (paper, braille or large print) after meeting the requirement of a complete PR application as per  section R10 .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Receipt of application", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-out-of-status-unauthorized-home-care-workers.html" + }, + { + "id": "pdi-tr-55-6-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy for out-of-status or unauthorized home care wo — Assessing the application", + "marginal_note": "Assessing the application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Processing officers must ensure that the requirements for the application are met.\nAssessing if the applicant passed the R10 completeness check on their application for permanent residence\nIf the officer is satisfied that the TR application met all eligibility requirements except for the requirement that the PR application has passed the R10 completeness check, the officer must put the TR application on hold and check regularly in GCMS to see if the AOR is issued. The officer should not refuse an application until a decision is made on section R10.\nIf the PR application met the requirement of section R10 and has been placed into processing, the officer may continue processing the TR application(s).\nIf the PR application did not meet the requirement of section R10, the TR application(s) should be refused for not meeting the requirement of the temporary public policy .\nIf no PR application is submitted, the TR application should be refused.\nGenuine relationship\nAs per  section R4 , a foreign national shall not be considered a spouse or a common-law partner of a person if the marriage or common-law partnership\nwas entered into primarily for the purpose of acquiring any status or privilege under the Immigration and Refugee Protection Act (IRPA),  or\nis not genuine.\nIf officers have concerns as to the genuineness of the relationship between the principal applicant and their spouse or common-law partner, they may request further documentation or information to confirm that the relationship between the dependent spouse or common-law partner and the principal foreign national is genuine and is not a relationship of convenience.\nDependent children and working age", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing the application (part 1 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-out-of-status-unauthorized-home-care-workers.html" + }, + { + "id": "pdi-tr-55-6-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy for out-of-status or unauthorized home care wo — Assessing the application", + "marginal_note": "Assessing the application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "There is no set minimum age to be eligible for a work permit. The submission of work permit applications on behalf of minor children is at the discretion of their parent(s) or authorized guardian(s).\nThe “working age” varies across provincial and territorial jurisdictions and there is no minimum age specified in the IRPR or the Immigration and Refugee Protection Act (IRPA) for issuing a work permit.\nTherefore, unless there are reasonable grounds for an officer to be satisfied that a dependent child is unable to perform the work sought or any other reasons for refusal, minors may be issued a work permit.\nPlease refer to the instructions on  Who qualifies as a dependent child  to confirm if an applicant meets the definition of a dependent child in relation to the principal applicant.\nRenewals\nRenewals – Principal foreign nationals\nPrincipal applicants who have a PR application in process that has not been withdrawn or refused, and who, under the public policy, were granted one of the following:\nextension of temporary resident status, under subsection R181(1) ; or\nrestoration of temporary resident status, under subsection R182(1) ,\nare eligible to extend their temporary status in Canada for up to an additional 3 years under this public policy. The same GCMS coding of the initial application applies.\nPrincipal applicants who have a PR application in process that has not been withdrawn or refused, and who, under the public policy, were issued one of the following:\na work permit under section R200 ; or\na work permit renewal under subsection R201(1),\nare eligible to renew their authorization to work for up to an additional 3 years under this public policy. The same GCMS coding of the initial application applies.\nRenewals – Family members", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing the application (part 2 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-out-of-status-unauthorized-home-care-workers.html" + }, + { + "id": "pdi-tr-55-6-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy for out-of-status or unauthorized home care wo — Assessing the application", + "marginal_note": "Assessing the application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Family members included in a principal applicant’s PR application that is in process and has not been withdrawn or refused, and who, under the public policy, were granted one of the following:\nextension of temporary resident status, under subsection R181(1) or\nrestoration of temporary resident status, under subsection R182(1)\nmay extend their temporary resident status in Canada for an additional 3 years under this public policy. The same GCMS coding of the initial application applies.\nFamily members included in a principal applicant’s PR application that is in process and has not been withdrawn or refused, and who, under the public policy, were issued one of the following:\na work permit under section R200 ; or\na work permit renewal under subsection R201(1) ; or\na study permit under section R216 ; or\na renewal of a study permit under subsection R217(1) ,\nmay renew their authorization to work or study for an additional 3 years under this public policy. The same GCMS coding of the initial application applies.\nProcessing open work permit applications\nThese instructions apply to principal foreign nationals and their family members who are submitting their open work permit individually (not as a family group).\nApplicants are instructed to input the following in the “Details of intended work in Canada” section of the IMM 5710 form:\nBox 1: What type of work permit are you applying for?\nSelect “Open Work Permit.”\nBox 4: “Job title” and “Brief description of duties”\nEnter “HCWIP Child Care Workers in Canada PP” or “HCWIP Home Support Workers in Canada PP,” as applicable, in the “Job title” box. Leave the “Brief description of duties” box blank.\nImportant:  Officers should be aware that\nthe “Job title” box on the IMM 5710 form maps to the “Intended occupation” field in GCMS", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing the application (part 3 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-out-of-status-unauthorized-home-care-workers.html" + }, + { + "id": "pdi-tr-55-6-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy for out-of-status or unauthorized home care wo — Assessing the application", + "marginal_note": "Assessing the application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "the presence of “HCWIP Child Care Workers in Canada PP” or “HCWIP Home Support Workers in Canada PP” in the “Intended occupation” field should flag to the officer that the application should be processed under this public policy\nNote:  Not all mandatory documents are requested in the online document checklist. Applicants are given instructions on the IRCC website on how to identify the permanent residence stream they applied under, and where to upload the supporting documentation when they apply online.\nOfficers should note that work permit applicants and applicants applying to extend their stay as TRs are given specific instructions on how to complete the applications:\nApplicant instructions can be found here: Out-of-status and unauthorized home care workers\nProcessing applications to extend the foreign national’s stay or restore their status as visitors\nPrincipal applicants who are extending their stay or restoring their TR status under this public policy and their family members who are applying individually (not applying as a family group) are instructed to input the following in the Details of vist to Canada , in the b) Other box of this Application to Change Conditions, Extend my Stay or Remain in Canada as a Visitor or Temporary Resident Permit Holder [IMM 5708]\nOn the form, the applicant will enter one of the following 2 options in the job title field:\nHCWIP Child Care Workers in Canada PP\nHCWIP Home Support Workers in Canada PP\nProcessing family members’ study permit applications\nStudy permit applicants are not instructed to identify themselves in the study permit application. Refer to Documentary evidence for Family members in Canada .\nFees and refunds", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing the application (part 4 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-out-of-status-unauthorized-home-care-workers.html" + }, + { + "id": "pdi-tr-55-6-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy for out-of-status or unauthorized home care wo — Assessing the application", + "marginal_note": "Assessing the application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "All foreign nationals applying for an open work permit under this public policy  are exempt  from  the open work permit holder fee  of $100, as the applicants are not applying under paragraph R201(c) and are therefore not required to pay the fee under subsection R303.2(1) . All other applicable fees must be paid.\nOfficers should be aware that both fees are automatically triggered in the online application tool.\nTo reduce refunds, applicants are instructed to pay the work permit processing fee outside the online tool and upload their receipt under Proof of Fee Exemption.  For more information on applicant instructions , consult: Out-of-status and unauthorized home care workers .\nMandatory refunds:  For applicants who have paid the open work permit holder fee, officers must initiate a refund of the fees as per normal office procedures.\nImportant:  If this fee is paid in error, it must be refunded as per the processing office’s normal refund procedures.\nRefund - Work permit application\nIf the application is refused, the associated work permit processing fee and restoration fee are not refunded.\nRefund - TR extension (to stay as a visitor)\nIf the application is refused, the associated processing fee and restoration fee are not refunded.\nRefund - Study permit (for family members)\nIf the application is refused, the associated processing fee and restoration fee are not refunded.\nAdmissibility\nThe applicant and their family members may only be exempted from the provisions set out in the public policy.\nPrincipal applicants must not be inadmissible for reasons other than the following: \nmisrepresentation ( paragraph A40(1)(a)) related to overstaying their temporary resident status and working or studying without authorization", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing the application (part 5 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-out-of-status-unauthorized-home-care-workers.html" + }, + { + "id": "pdi-tr-55-6-p6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy for out-of-status or unauthorized home care wo — Assessing the application", + "marginal_note": "Assessing the application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "non-compliance ( paragraph A41(a)) for failing to comply with the IRPA, related to overstaying their temporary resident status and working or studying without authorization\ninadmissible family member ( paragraph A42(1)(a)) due to misrepresentation ( paragraph 40(1)(a)) or non-compliance ( paragraph A41(a)), relating to overstaying their temporary resident status or working or studying without authorization\nFamily members in Canada must not be inadmissible for reasons other than the following:\nmisrepresentation ( paragraph A40(1)(a)) related to overstaying their temporary resident status or working or studying without authorization\nnon-compliance ( paragraph A41(a)) for failing to comply with the IRPA, related to overstaying their temporary resident status and working or studying without authorization\ninadmissible family member ( paragraph A42(1)(b)) due to the principal applicant being inadmissible for having a family member who is inadmissible due to misrepresentation ( paragraph 40(1)(a)) or non-compliance ( paragraph A41(a)) , relating to overstaying their temporary resident status or working or studying without authorization\nApplicants under this public policy are subject to all other applicable eligibility and admissibility requirements not exempted under this or another public policy.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing the application (part 6 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-out-of-status-unauthorized-home-care-workers.html" + }, + { + "id": "pdi-tr-55-7-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy for out-of-status or unauthorized home care wo — Final decision", + "marginal_note": "Final decision", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Approval of work permit applications\nIf the work permit application is approved, on the Application screen, officers should enter the following information in the specified fields:\nField\nSelection or input\nCase type\n27\nSpecial program code\nCCOSWC:  Home Care Worker Immigration Pilot: Child Care – Out of Status Workers in Canada\nFrench description: Programme pilote d’immigration des aides de soins à domicile : Garde d’enfants – Travailleurs sans statut au Canada\nor\nHSOSWC:  Home Care Worker Immigration Pilot: Home Support – Out of Status Workers in Canada\nFrench description: Programme pilote d’immigration des aides de soins à domicile : Soutien à domicile – Travailleurs sans statut au Canada\nProvince of destination\nUnknown or open\nExemption code\nR01\nEmployer\nOpen\nIntended occupation\nOpen\nNational Occupational Classification (NOC)\n99999\nDuration\nThe open work permit may be issued for a maximum period of 3 years or up to the date the applicant’s passport or biometrics expire, whichever comes first.\nConditions\nOfficers should ensure that instructions provided in  Medical conditions to be imposed for open employer but occupation-restricted work permits  are followed.\nUser remarks (mandatory)\nThe following remark must be added to all open work permits:\nFor the principal applicants:\nCCOSWC – Pending eligibility decision on PR application; or\nHSOSWC – Pending eligibility decision on PR application\nFor dependent children only:  \nCCOSWC - Pending eligibility decision on PR application; or\nHSOSWC - Pending eligibility decision on PR application\nand\nAuthorized to work as per applicable Canadian federal, provincial and territorial labour laws\nFees\n$155 work permit processing fee\nOpen work permit holder fee: Not required.  Fee exemption code P03.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Final decision (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-out-of-status-unauthorized-home-care-workers.html" + }, + { + "id": "pdi-tr-55-7-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy for out-of-status or unauthorized home care wo — Final decision", + "marginal_note": "Final decision", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers should be aware that both fees are automatically triggered in the online application tool.\nRefer to Fees and Refunds\nBiometrics\nWork permit applicants are required to provide biometric information and pay the biometric fee ($85).\nThe regular biometric exemptions apply (for example, under 14 or 1 in 10 rule).\nApproval to restore the authorized period of stay as temporary residents (visitors)\nIf the restoration of status or extension of temporary resident status is approved, then a visitor record outlining the conditions is issued and given to the applicant.\nThe following remark must be added to the visitor record:\nFor principal applicants and family members:\nThe following special program codes should be used:\nCCOSWC – Pending eligibility decision on PR application; or\nHSOSWC – Pending eligibility decision on PR application\nApproval of study permit applications (for family members only)\nIf the study permit application for family members is approved, then a study permit outlining the conditions is issued and given to the applicant.\nThe following special program codes should be used:\nCCOSWC – Pending eligibility decision on PR application; or\nHSOSWC – Pending eligibility decision on PR application\nRefusal\nIf the decision is to refuse the application, the processing officer must state in a case note their logical, reasonable conclusions. Officers can follow the instructions provided in  Decision-making: Standard of review and process for making a reasonable decision .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Final decision (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-out-of-status-unauthorized-home-care-workers.html" + }, + { + "id": "pdi-tr-56-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Atlantic Immigration Program (AIP) – [ R204(c) – C18] – Agreements or arrangemen", + "marginal_note": "Atlantic Immigration Program (AIP) – [ R204(c) – C18] – Agreements or arrangements – International Mobility Program (IMP)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nIn these instructions, \"officer\" refers to an employee of Immigration, Refugees and Citizenship Canada (IRCC). These instructions do not apply to the Canada Border Services Agency (CBSA), as applicants are not eligible to apply for this program at the port of entry.\nThe Atlantic Immigration Class, referred to as the Atlantic Immigration Program (AIP), was established through regulations on January 1, 2022 . The goal of this program is to attract and retain skilled immigrants and international graduates in Atlantic Canada through an employer-driven approach.\nThe Atlantic Immigration Pilot Program (AIPP) agreements expired on December 31, 2021, with the expiration of the pilot bilateral agreements.\nTransition provisions : IRCC included transition provisions in the new bilateral agreements, starting January 1, 2022, which provide the following authority:\nto accept and process complete work permit applications under the AIPP received up to midnight UTC on March 5, 2022\nProcessing may continue beyond this date so long as the complete application was received by March 5, 2022.\nto accept work permit renewal applications under the AIPP for applicants who have submitted their complete application for permanent residence on or before March 5, 2022, and are still waiting for a decision\nThese work permit applications will be assessed against the AIPP work permit requirements.\nCategories under the AIPP include\nAtlantic High-Skilled Program\nAtlantic Intermediate-Skilled Program\nAtlantic International Graduate Program\nFacilitating entry for these workers under the International Mobility Program (IMP) supports  paragraph 3(1)(e) of the Immigration and Refugee Protection Act (IRPA)  by encouraging the settlement and retention of workers in the Atlantic region.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Atlantic Immigration Program (AIP) – [ R204(c) – C18] – Agreements or arrangements – International Mobility Program (IMP)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/exemption-code-c18.html" + }, + { + "id": "pdi-tr-56-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Atlantic Immigration Program (AIP) – [ R204(c) – C18] – Agre — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Atlantic Immigration Program (AIP)\nGeneral eligibility\nRecent graduate requirements\nDocumentary evidence\nProvincial letter from the endorsing Atlantic province\nFields to review in the Global Case Management System (GCMS)\nQualifying language results\nQualifying educational credential\nApplicants other than those applying as a recent graduate\nRecent graduate from an institute in an endorsing Atlantic province\nQualifying work experience\nOffer of employment\nAtlantic Immigration Pilot Programs (AIPP) requirements\nAIPP official language proficiency\nAIPP education requirement\nAIPP work experience requirement\nAIPP provincial referral letter\nWork permit issuance in the GCMS\nWork permit extension\nOpen work permits for family members", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/exemption-code-c18.html" + }, + { + "id": "pdi-tr-56-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Atlantic Immigration Program (AIP) – [ R204(c) – C18] – Agre — Atlantic Immigration Program (AIP)", + "marginal_note": "Atlantic Immigration Program (AIP)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Under the new regulations and federal–provincial agreements, the categories under the former AIPP have been simplified to Skilled Workers and International Graduates.\nSee the instructions for processing the previous categories under the pilot at AIPP requirements .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Atlantic Immigration Program (AIP)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/exemption-code-c18.html" + }, + { + "id": "pdi-tr-56-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Atlantic Immigration Program (AIP) – [ R204(c) – C18] – Agre — General eligibility", + "marginal_note": "General eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To be eligible for a work permit under the AIP, the foreign national must\nsubmit their work permit application online\nAn application made at a port of entry under the AIP is not eligible.\nhave a job offer from a designated employer under the AIP\nhave a letter from the Atlantic province where the applicant will be working, issued as per the agreement\ndemonstrate their proficiency in an official language according to program requirements\nhave an acceptable educational credential for the AIP\nhave acceptable work experience or meet recent graduate requirements for the AIP\nRecent graduate requirements\nTo be eligible as a recent graduate, the applicant must have, in addition to the general criteria, all of the following:\nobtained an eligible educational credential\nlived in New Brunswick, Nova Scotia, Newfoundland and Labrador or Prince Edward Island for at least 16 months (cumulative) within the 24-month period before their credential was granted\nhad valid temporary resident status throughout their stay in Canada and had authorization for any work, study or training they engaged in while in Canada\nRecent graduate applicants do not require work experience in the occupation listed in the job offer.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: General eligibility", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/exemption-code-c18.html" + }, + { + "id": "pdi-tr-56-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Atlantic Immigration Program (AIP) – [ R204(c) – C18] – Agre — Documentary evidence", + "marginal_note": "Documentary evidence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applicants for a work permit under the AIP must provide the following:\na complete work permit application submitted electronically\na letter issued by the endorsing Atlantic province requesting that IRCC issue a work permit\na completed and signed Undertaking for an application for a work permit exempted from a Labour Market Impact Assessment (LMIA) as part of the Atlantic Immigration Program (AIP) (IMM 0156E [PDF]) form\nan offer of employment number (LMIA exemption number) received from a designated employer under the AIP (see the Employer Portal for details)\nproof of qualifying work experience for employment that the foreign national is able to perform and is likely to accept and carry out, except recent graduates\nproof of a qualifying educational credential .\nThe educational credential assessment (ECA) must be less than 5 years old.\nqualifying language test results that are less than 2 years old\nRecent graduates must also provide\nproof of residence in one of the Atlantic provinces\nproof of valid temporary resident status throughout their stay\nproof of an eligible educational credential", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documentary evidence", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/exemption-code-c18.html" + }, + { + "id": "pdi-tr-56-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Atlantic Immigration Program (AIP) – [ R204(c) – C18] – Agre — Provincial letter from the endorsing Atlantic province", + "marginal_note": "Provincial letter from the endorsing Atlantic province", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applicants under the AIP must include a letter, issued by the endorsing Atlantic province, with their work permit application. This letter should include the following information:\nbiographical information for the applicant\nemployer name, address and contact information\noccupation title and National Occupational Classification (NOC) code\nan employment start date\na request for IRCC to issue an employer-specific work permit\na statement that the employer urgently needs the applicant before the application for permanent residence is complete\na statement that the province has determined that the\njob offer is consistent with the requirements of the regulations\nemployment is not part-time or seasonal\nwages and working conditions of the employment are sufficient to attract and retain Canadian citizens and permanent residents", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Provincial letter from the endorsing Atlantic province", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/exemption-code-c18.html" + }, + { + "id": "pdi-tr-56-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Atlantic Immigration Program (AIP) – [ R204(c) – C18] – Agre — Fields to review in the Global Case Management System (GCMS)", + "marginal_note": "Fields to review in the Global Case Management System (GCMS)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When assessing the work permit application, officers should review the following fields under the \"Employment Details\" tab in the GCMS for information provided by the employer:\nField\nConsiderations\nRequirements exemptions met\nThis field must indicate that there is an approved endorsement from an Atlantic province.\nInformation in this field outlines how the job position or the foreign national meets the LMIA exemption requirements. This should not be cut and pasted from IRCC’s website.\nDuties\nThis field should show that the duties align with the lead statement and main duties, as stated in the NOC code.\nThese are the activities that the foreign national will be performing.\nSee the note under Qualifying work experience .\nProvincial or federal certification, licensing or registration\nDocumentary evidence should be provided with the application; however, some occupations may require the foreign national to write an exam after they enter Canada (for example, for a licence from a regulated body or a first aid certificate).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Fields to review in the Global Case Management System (GCMS)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/exemption-code-c18.html" + }, + { + "id": "pdi-tr-56-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Atlantic Immigration Program (AIP) – [ R204(c) – C18] – Agre — Qualifying language results", + "marginal_note": "Qualifying language results", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applicants under the AIP must demonstrate, in the Canadian Language Benchmarks for English or the Niveaux de compétence linguistique canadiens for French, in each of the 4 language skill areas based on an IRCC-approved language test .\nFor applications received between January 1, 2022, and November 15, 2022, or applications received on or after November 16, 2022, where the provincial endorsement included was issued under NOC 2016 , applicants must demonstrate a minimum language level of\n5 for a NOC Training, Education, Experience, and Responsibilities (TEER), 0, A or B level job offer\n4 for a NOC TEER C level job offer\nFor applications received on or after November 16, 2022, and the provincial endorsement letter was issued on or after November 16, 2022, under NOC 2021 , applicants must demonstrate a minimum language level of\n5 for a TEER 0, 1, 2 or 3 job offer\n4 for a TEER 4 job offer\nNote: The test results must be less than 2 years old on the date of the work permit application, unless the candidate has already submitted a complete permanent resident application under the AIP with valid language test results at the time of submission.\nSee the language requirements section for evidence of language proficiency.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Qualifying language results", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/exemption-code-c18.html" + }, + { + "id": "pdi-tr-56-8-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Atlantic Immigration Program (AIP) – [ R204(c) – C18] – Agre — Qualifying educational credential", + "marginal_note": "Qualifying educational credential", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applicants other than those applying as a recent graduate\nApplicants other than those applying as recent graduates must demonstrate they have 1 of the following educational credentials .\nFor applications received between January 1, 2022, and November 15, 2022, or applications received on or after November 16, 2022, where the provincial endorsement included was issued under NOC 2016, applicants must demonstrate a minimum of either\na Canadian 1-year post-secondary credential, or the foreign equivalent with an educational credential assessment (ECA), where the job offer is NOC type 0 or NOC skill level A or B, or\na Canadian high school certificate, or the foreign equivalent with an ECA, where the job offer is NOC skill level B or C.\nFor applications received on or after November 16, 2022, and the provincial endorsement letter was issued on or after November 16, 2022, under NOC 2021, applicants must demonstrate a minimum of either\na Canadian 1-year post-secondary credential, or the foreign equivalent with an ECA, where the job offer is in TEER category 0, 1, 2 or 3, or\na Canadian high school certificate, or the foreign equivalent with an ECA, where the job offer is in TEER 3 or 4.\nNote: Foreign credentials must be supported by an ECA report from an agency approved by IRCC if the program of study was completed outside of Canada. The assessment must be less than 5 years old, unless the candidate has already submitted a complete permanent resident application under the AIP with a valid ECA at the time of permanent residence submission.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Qualifying educational credential (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/exemption-code-c18.html" + }, + { + "id": "pdi-tr-56-8-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Atlantic Immigration Program (AIP) – [ R204(c) – C18] – Agre — Qualifying educational credential", + "marginal_note": "Qualifying educational credential", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Important: Equivalency assessments will include an assessment by the designated organization of the authenticity of the applicant’s completed foreign educational credentials. This assessment provided by the designated organization is not conclusive evidence of the authenticity of the foreign educational credentials.\nIf an officer has concerns about the authenticity of an applicant’s foreign educational credentials, they must follow the procedural fairness guidelines.\nRecent graduate from an institute in an endorsing Atlantic province\nTo meet requirements as a recent graduate under the AIP as of January 1, 2022, applicants must have obtained an eligible educational credential.\nTo be eligible, the credential must be\na degree\na diploma\na certificate\na trade or apprenticeship credential\nIt must also have been obtained\nas a full-time student\nafter completion of a minimum 2-year program\nfrom a recognized post-secondary institution in 1 of the 4 Atlantic provinces (New Brunswick, Nova Scotia, Prince Edward Island, or Newfoundland and Labrador)\nwithin the 24 months before the date of submission of the work permit application\nAn educational credential is not eligible if the credential was obtained in a study or training program where\nthe study of English or French as a second language was at least half of the program\ndistance learning was at least half of the program\na scholarship or fellowship stipulated that the recipient return to their home country to apply the knowledge and skills gained", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Qualifying educational credential (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/exemption-code-c18.html" + }, + { + "id": "pdi-tr-56-9-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Atlantic Immigration Program (AIP) – [ R204(c) – C18] – Agre — Qualifying work experience", + "marginal_note": "Qualifying work experience", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applicants under the AIP must have 1 year of experience within the 5 years preceding the date of work permit application.\nFor applications received between January 1, 2022, and November 15, 2022, or applications received on or after November 16, 2022, where the provincial endorsement included was issued under NOC 2016 , the work experience must\nbe in occupations that are listed in Skill Type 0 Management Occupations or Skill Level A, B or C of the NOC matrix, exclusive of restricted occupations;\ninclude the actions described in the lead statement for the occupation in the NOC and\ninclude a substantial number of the main duties of the occupation as per the NOC\nFor applications received on or after November 16, 2022, and the provincial endorsement letter was issued after November 16, 2022, under NOC 2021 , the work experience must\nbe in occupations that are listed in TEER 0, 1, 2, 3 or 4 of the NOC matrix, exclusive of restricted occupations\ninclude the actions described in the lead statement for the occupation in the NOC and\ninclude a substantial number of the main duties of the occupation as per the NOC\nForeign nationals who meet the recent graduate requirements do not need to meet the qualifying work experience requirement.\nOffer of employment\nUnder the Atlantic Immigration Class regulations [ R87.3(6)(d) ], the occupation in the offer of employment may be for a higher skill level than the qualifying work experience. When assessing if the applicant can perform the work sought as per paragraph R200(3)(a) , officers should consider all of the following:\nthat the employer is satisfied the applicant can perform the higher-level occupation", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Qualifying work experience (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/exemption-code-c18.html" + }, + { + "id": "pdi-tr-56-9-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Atlantic Immigration Program (AIP) – [ R204(c) – C18] – Agre — Qualifying work experience", + "marginal_note": "Qualifying work experience", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "that the employer has worked with a settlement service provider organization to develop a settlement plan for the employee and their family\nthat the province has assessed the offer and determined that it is genuine as per the agreement\nthat during their work experience at the lower-level occupation, the applicant may have performed some of the duties of the higher-level occupation\nImportant : The offer of employment cannot be for a lower-level occupation than the qualifying work experience. For example, an applicant who has worked as a fish plant manager cannot be approved if they accept an offer as a seafood worker.\nFor example, where an application is received between January 1, 2022, and November 15, 2022, or an application is received on or after November 16, 2022, where the provincial endorsement included was issued under NOC 2016:\nAn applicant has worked as a fish and seafood plant worker under NOC 9463, a NOC level C occupation.\nThe offer of employment under the AIP is for a fish processing supervisor under NOC 9213, a NOC level B occupation.\nThe worker may have sufficient years of experience, so they could progress easily to the higher occupation, or they may have acted in that occupation, so they have sufficient experience to satisfy an officer that they can perform the work sought.\nFor example, where an application is received on or after November 16, 2022, and the provincial endorsement letter was issued after November 16, 2022, under NOC 2021 :\nAn applicant has worked as a fish and seafood plant worker under NOC 94142, a TEER 4 occupation.\nThe offer of employment under the AIP is for a fish processing supervisor under NOC 92012, a TEER 2 occupation.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Qualifying work experience (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/exemption-code-c18.html" + }, + { + "id": "pdi-tr-56-9-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Atlantic Immigration Program (AIP) – [ R204(c) – C18] – Agre — Qualifying work experience", + "marginal_note": "Qualifying work experience", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The worker may have sufficient years of experience, so they could progress easily to the higher occupation, or they may have acted in that occupation, so they have sufficient experience to satisfy an officer that they can perform the work sought.\nNote: The only exception to approving a lower-level occupation than in the work experience is where the experience was acquired while working as either\na registered nurse (NOC 31301 [on or after November 16, 2022] or NOC 3012 [on or before November 15, 2022]), or\na licensed practical nurse (NOC 32101 [after November 16, 2022] or NOC 3233 [on or before November 15, 2022]), and they are being offered employment as a nurse’s aide, orderly or patient services associate (NOC 33102 [on or after November 16, 2022] or NOC 3413 [on or before November 15, 2022]) or as a home support worker (NOC 44101 [on or after November 16, 2022] or NOC 4412 [on or before November 15, 2022])", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Qualifying work experience (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/exemption-code-c18.html" + }, + { + "id": "pdi-tr-56-10-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Atlantic Immigration Program (AIP) – [ R204(c) – C18] – Agre — Atlantic Immigration Pilot Programs (AIPP) requirements", + "marginal_note": "Atlantic Immigration Pilot Programs (AIPP) requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "AIPP official language proficiency\nForeign nationals applying for a work permit under the pilot, and who received an endorsement certificate on or before December 31, 2021, must provide a copy of a language test approved by IRCC that shows the applicant meets either the minimum language level of 4 in either the Canadian Language Benchmarks in English or the Niveaux de compétence linguistique canadiens in French for each of the 4 language skill areas.\nNote: The test results must be less than 2 years old on the date of the work permit application.\nSee the language requirements section for evidence of language proficiency.\nAIPP education requirement\nAtlantic International Graduate Program\nThe applicant must demonstrate that they meet all of the following minimum education and residence requirements:\nthat, as a full-time student, they have obtained a degree, diploma, certificate, or trade or apprenticeship credential following the completion of a post-secondary education program of at least 2 years from a recognized publicly funded institution in 1 of the 4 Atlantic provinces (New Brunswick, Prince Edward Island, Nova Scotia or Newfoundland and Labrador)\nthat they resided in New Brunswick, Nova Scotia, Newfoundland and Labrador or Prince Edward Island for at least 16 months (cumulative) within the 24-month period before their credential was granted\nthat they maintained valid temporary resident status throughout their stay in Canada and had authorization for any work, study or training they engaged in while in Canada\nEligible educational credentials", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Atlantic Immigration Pilot Programs (AIPP) requirements (part 1 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/exemption-code-c18.html" + }, + { + "id": "pdi-tr-56-10-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Atlantic Immigration Program (AIP) – [ R204(c) – C18] – Agre — Atlantic Immigration Pilot Programs (AIPP) requirements", + "marginal_note": "Atlantic Immigration Pilot Programs (AIPP) requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Only certain educational credentials are eligible for the Atlantic International Graduate Program. An educational credential is not eligible if the credentials were obtained in a study or training program where\nthe study of English or French as a second language was at least half of the program\ndistance learning was at least half of the program\na scholarship or fellowship stipulated that the recipient return to their home country to apply the knowledge and skills gained\nNote: The education credential must have been obtained within 24 months of the date on the application for the C18 work permit.\nAtlantic High-Skilled Program and Intermediate-Skilled Program\nApplicants must demonstrate they have one of the following:\na Canadian secondary (high school) or post-secondary certificate, diploma or degree\na completed foreign credential and an ECA report from an agency approved by IRCC\nThe ECA report must show that the foreign education is equal to a completed Canadian secondary (high school) diploma or post-secondary certificate, diploma or degree. The ECA report must be less than 5 years old at the time of application.\nNote: The ECA report is conclusive evidence that an applicant’s completed foreign educational credentials are equivalent to at least a completed Canadian secondary school educational credential.\nEquivalency assessments include an assessment of the authenticity of the applicant’s completed foreign educational credentials. This is not conclusive evidence of the authenticity of the foreign educational credentials.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Atlantic Immigration Pilot Programs (AIPP) requirements (part 2 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/exemption-code-c18.html" + }, + { + "id": "pdi-tr-56-10-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Atlantic Immigration Program (AIP) – [ R204(c) – C18] – Agre — Atlantic Immigration Pilot Programs (AIPP) requirements", + "marginal_note": "Atlantic Immigration Pilot Programs (AIPP) requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If an officer has concerns about the authenticity of an applicant’s foreign educational credentials, they must communicate these concerns to the applicant and afford them an opportunity to respond to those concerns and provide additional information or documentation.\nAIPP work experience requirement\nAtlantic International Graduate Program\nApplicants do not require any work experience.\nAtlantic High-Skilled Program and Intermediate-Skilled Program\nApplicants must demonstrate that they have obtained work experience\nfor at least 1 year (1,560 hours total/30 hours per week), continuous or non-continuous, full-time or an equal amount in part-time, within the last 3 years\nthat was for paid work (volunteer work and unpaid internships do not count)\nin an occupation with the following NOC codes:\nFor high-skilled program – at skill type 0 or skill levels A or B of the NOC matrix\nFor intermediate-skilled program – at skill level C of the NOC matrix\nwhere they have carried out the activities listed in the lead statement of the NOC and a substantial number of the main duties\nthat was obtained overseas or in Canada\nTo count, Canadian experience must have been obtained while the foreign national was authorized to work in Canada as a temporary resident.\nNote: Work experience acquired while working as a registered nurse or registered psychiatric nurse (NOC 3012) or a licensed practical nurse (NOC 3233) can count if the applicant has a job offer as a nurse’s aide, orderly or patient services associate (NOC 3413) or as a home support worker (NOC 4412).\nFor the periods of work experience claimed in the application, applicants under the Atlantic High-Skilled Program and the Intermediate-Skilled Program must demonstrate they performed both of the following:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Atlantic Immigration Pilot Programs (AIPP) requirements (part 3 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/exemption-code-c18.html" + }, + { + "id": "pdi-tr-56-10-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Atlantic Immigration Program (AIP) – [ R204(c) – C18] – Agre — Atlantic Immigration Pilot Programs (AIPP) requirements", + "marginal_note": "Atlantic Immigration Pilot Programs (AIPP) requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "the actions identified in the lead statement of the NOC description\na substantial number of the main duties, including all the essential duties, listed in the NOC description\nThis means the applicant performed some or all of the main duties, including all the duties that distinguish one particular occupation from any other.\nApplicants do not have to be employed at the time they apply.\nWork experience does not need to be continuous to qualify, and can be accumulated within the previous 3 years. When calculating the period of 12 months of required employment, it cannot include periods of unemployment, prolonged sick leave or parental leave. However, a reasonable period of vacation time will be counted towards meeting the work experience requirement (such as a 2-week period of paid vacation leave within a given 52-week period in which the applicant was engaged in qualifying work).\nAny periods of self-employment will not be included when calculating the period of qualifying work experience.\nWork experience acquired during a period of study is allowed, as long as the work hours did not exceed their authorization under the regulations or any applicable policies.\nNote: In the case of work performed in Canada, the foreign national must have been both authorized to work and a temporary resident at the time.\nAIPP provincial referral letter\nApplicants under the AIPP must include a referral letter, issued by an Atlantic province, with their work permit application. This letter should include the following information:\nthe date of issue of the letter\nthe applicant’s name and date of birth\nthe applicant’s citizenship\na designated employer’s name, address and contact information\nan employment start date\nthe specific AIPP subprogram the applicant is applying under", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Atlantic Immigration Pilot Programs (AIPP) requirements (part 4 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/exemption-code-c18.html" + }, + { + "id": "pdi-tr-56-10-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Atlantic Immigration Program (AIP) – [ R204(c) – C18] – Agre — Atlantic Immigration Pilot Programs (AIPP) requirements", + "marginal_note": "Atlantic Immigration Pilot Programs (AIPP) requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "a statement that the designated employer has submitted an endorsement application that includes a needs assessment and settlement plan for the applicant and each member of the family, signed by both the designated employer and the applicant\na request for IRCC to issue a 2-year employer-specific work permit, with the validity dates as indicated in the offer of employment\na statement that the employer urgently needs the applicant as an employee before the application for permanent residence is complete\na statement that the province has determined that\nthe job offer is consistent with the requirements of the Ministerial Instructions classes\nthe employment is not part-time or seasonal\nthe wages and working conditions of the employment are sufficient to attract and retain Canadian citizens and permanent residents\nthe NOC classification\nan occupation title\nthe unique identifying number of the letter", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Atlantic Immigration Pilot Programs (AIPP) requirements (part 5 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/exemption-code-c18.html" + }, + { + "id": "pdi-tr-56-11", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Atlantic Immigration Program (AIP) – [ R204(c) – C18] – Agre — Work permit issuance in the GCMS", + "marginal_note": "Work permit issuance in the GCMS", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "On the “Application” screen, enter the following:\nField\nConsiderations\nCase type\n52\nSpecial program Code *AIPP only\nAHSP (Atlantic High-Skilled Program)\nAISP (Atlantic Intermediate-Skilled Program)\nAIGP (Atlantic International Graduate Program)\nProvince of destination\nThe province of destination entered by the applicant should match the address of employment in the LMIA-exempt offer of employment. This information is under the Employment Details – LMIA-exempt tab.\nCity of destination\nThe city of destination entered by the applicant should match the address of employment in the LMIA-exempt offer of employment. This information is under the Employment Details – LMIA-exempt tab.\nExemption code\nC18\nThis code is auto-populated from the LMIA-exempt offer of employment.\nThis code should only be changed in specific circumstances. For further instructions see Changes between the offer of employment and the work permit application .\nNOC\nThe NOC code is auto-populated from the LMIA-exempt offer of employment. \nIntended occupation\nJob title\nThis is auto-populated from the LMIA-exempt offer of employment. \nLMIA or LMIA-exempt number\n“A” number from the work permit application.\nThis number is auto-populated from the work permit application, and it is what is used to “match” it in the portal. If the work permit application was submitted on paper, the officer must manually enter the number.\nEmployer\nBusiness operating name\nDuration\nOutside of Canada\nValidity as per the offer of employment, for a maximum of 2 years, starting from the date of entry to Canada or until the expiry of the travel document, whichever is earlier.\nInside Canada\nValidity as per the offer of employment, for a maximum of 2 years, starting from the date of decision on the application or until the expiry of the passport, whichever is earlier.\nUser remarks (applications made outside Canada)\nPOE: Please issue for a maximum of 2 years * from the date of entry to Canada or until the expiry of the travel document, whichever comes first.\n*this period should match the duration of the offer of employment.\nNote: If the passport expires before a 2-year maximum work permit can be issued, the worker may apply for the balance by submitting an application for a work permit extension.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work permit issuance in the GCMS", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/exemption-code-c18.html" + }, + { + "id": "pdi-tr-56-12", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Atlantic Immigration Program (AIP) – [ R204(c) – C18] – Agre — Work permit extension", + "marginal_note": "Work permit extension", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Permanent resident application submitted compliant with commitment\nIf the application for permanent residence takes more than 1 year to be processed, applicants may apply to extend their work permit under the AIP.\nApplicants holding a work permit issued under the AIPP or AIP do not have to provide the following supporting documents:\na referral letter, unless there is a change of employer\neducational credentials\nlanguage test results\nproof of qualifying work experience, if applicable\nNote: Applicants under either the AIP or AIPP are not eligible for a bridging open work permit . \nDe-designation of the employer by the province\nWork permits cannot be made invalid, revoked or cancelled if an employer is de-designated by a province. However, if an employer is found to be non-compliant with employer conditions, through an inspection, the work permit may be revoked.\nOfficers may refuse work permit extension applications to work for an employer who has been de-designated by the province. Foreign nationals may apply to change their work permit to work for another employer, provided that the employer is designated and that the province has issued a referral letter to support the new work permit.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work permit extension", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/exemption-code-c18.html" + }, + { + "id": "pdi-tr-56-13", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Atlantic Immigration Program (AIP) – [ R204(c) – C18] – Agre — Open work permits for family members", + "marginal_note": "Open work permits for family members", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers may issue an open work permit to family members of an AIP or AIPP applicant if that applicant has a job offer in any TEER category (for example, 0, 1, 2, 3, 4, or 5 position).\nFor family members  of foreign nationals authorized to work in a high-skilled occupation (TEER 0, 1, 2 or 3), see Family members of foreign nationals authorized to work in high-skilled occupations (TEER 0, 1, 2 or 3) – [R205(c)(ii) – C41 and C46] .\nFor family members of foreign nationals authorized to work in low-skilled occupation (TEER 4 or 5), see Family members of foreign nationals authorized to work in low-skilled occupations (TEER 4 or 5) – [R205(c)(ii) – C47 and C48] .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Open work permits for family members", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/exemption-code-c18.html" + }, + { + "id": "pdi-tr-57-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Yukon Community Pilot – Open work permits (R205(a) - A75): International Mobilit", + "marginal_note": "Yukon Community Pilot – Open work permits (R205(a) - A75): International Mobility Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nAll in-Canada visitor record, study permit and work permit applications must be submitted electronically, with some exemptions. See the list of programs that are exempt from the in-Canada mandatory electronic application requirement .\nThese instructions apply to IRCC employees. Since applicants cannot submit their applications at a port of entry, the instructions do not apply to border services officers.\nThe Yukon Community Pilot (YCP) is a federal–territorial permanent resident stream with a work permit component. The pilot was started by the Government of Yukon in January 2020. The goal of this pilot is to attract and retain immigrants in Yukon communities by testing innovative approaches to permanent immigration.\nFacilitating entry with the issuance of open work permits under the International Mobility Program (IMP) supports  paragraph 3(1)(e) of the Immigration and Refugee Protection Act (IRPA) by encouraging the settlement and retention of workers in Canadian communities.\nA person who has a valid nomination from Yukon for permanent residence and 2 or 3 job offers from up to 3 employers based in a participating Yukon territory community may be issued a location-specific open work permit without requiring a labour market impact assessment (LMIA). For the purposes of this pilot, foreign nationals may be issued a work permit under paragraph 205(a) of the Immigration and Refugee Protection Regulations (IRPR) (LMIA exemption code A75).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Yukon Community Pilot – Open work permits (R205(a) - A75): International Mobility Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/yukon-exemption-code-a75.html" + }, + { + "id": "pdi-tr-57-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Yukon Community Pilot – Open work permits (R205(a) - A75): I — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Pilot parameters\nEligible work locations\nInterim measures for work permits\nEmployer eligibility\nForeign worker eligibility\nRequired documents\nWork permit duration\nWork permit processing\nWork permit extension\nWork permit issuance in the Global Case Management System (GCMS)\nWork permits for spouses or common-law partners", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/yukon-exemption-code-a75.html" + }, + { + "id": "pdi-tr-57-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Yukon Community Pilot – Open work permits (R205(a) - A75): I — Pilot parameters", + "marginal_note": "Pilot parameters", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The pilot will run for 5 years, from January 22, 2020, to June 22, 2025.\nYukon, along with IRCC, will monitor and evaluate the pilot over time to assess the\neffectiveness and efficiency of its implementation\noverall impact on Yukon’s labour market\nYukon undertakes integrity activities to ensure the employers are meeting the terms of their job offers with the foreign national (that is, wages, duties and working conditions).\nYukon will report on a performance measurement strategy with a focus on retention.\nEligible work locations\nThe participating communities are\nCarcross\nCarmacks\nDawson City\nHaines Junction\nWatson Lake\nWhitehorse\nAll of the job offers for each foreign national must be located within the same community, although they may be for either the same employer or different employers. Each job offer should reflect work in a single National Occupational Classification (NOC). For example, someone working part-time as a hotel receptionist and part-time as a server in the hotel bar should have 2 job offers, even though the employer is the same for both.\nOfficers may use discretion in determining if the work locations are reasonably within the community boundaries.\nInterim measures for work permits\nThis is a pilot stream under the Provincial/Territorial Nominee Program, and it will be in place until the territorial annex is renegotiated and amended. Work permits under this stream must be issued under LMIA exemption code A75 with special program code YUKONCP.\nEmployer eligibility\nYukon must provide a nomination to a foreign national with 2 to 3 part-time job offers from up to 3 employers, ensuring the foreign national will accumulate 1,560 hours in a single year (equivalent to annual full-time work).\nIf an employer should leave the agreement because they can no longer provide adequate work, Yukon must help the foreign national to find new employment to maintain full-time, year-round work.\nForeign worker eligibility\nTo be eligible for the YCP work permit stream, foreign nationals must\nbe destined to a job location in a participating community in Yukon\nhave 2 to 3 job offers with up to 3 employers that will allow them to accumulate 1,560 hours in a single year (equivalent to annual full-time work), within the same participating Yukon community", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Pilot parameters", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/yukon-exemption-code-a75.html" + }, + { + "id": "pdi-tr-57-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Yukon Community Pilot – Open work permits (R205(a) - A75): I — Required documents", + "marginal_note": "Required documents", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Foreign nationals destined to work in Yukon must submit their work permit application online for a 2-year open work permit restricted by location under subsection R205(a) , LMIA exemption code A75.\nApplications must include the following documents:\na copy of the nomination letter from Yukon that confirms that the foreign national has been nominated for permanent residence by Yukon\nNote: This letter does not have to be valid at the time of the work permit application, but if the nomination is expired, the application must include a copy of the acknowledgement of receipt letter confirming that IRCC received the permanent residence application while the nomination was still valid.\na statement from Yukon that it has determined that all factors required for the issuance of a work permit under paragraph R205(a) as per its agreement with Canada have been met, identifying the occupations and employers’ information. The required factors include:\nthat the nominated individual is urgently required in the community by the employers who have made the foreign national a job offer\nNote: Self-employed persons are not eligible for this type of work permit, given the lack of employer–employee relationship.\na list of the names of the employers, the intended occupation for each employer, the number of hours for each employer and the location of work\nthat the job offers are all genuine and will create economic benefits or opportunities\nthat the wages and working conditions of the employment would be sufficient to attract and retain Canadian citizens\nApplications that do not include the requested information will be refused.\nNote: Officers are responsible for assessing the eligibility requirements and determining if the applicant meets all requirements of this program and general work permit requirements. Yukon assesses applicants; however, officers must still be satisfied that an applicant meets the YCP eligibility requirements for the issuance of the work permit. Officers should not presume that an endorsement by Yukon means that an applicant meets all the requirements of the pilot.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Required documents", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/yukon-exemption-code-a75.html" + }, + { + "id": "pdi-tr-57-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Yukon Community Pilot – Open work permits (R205(a) - A75): I — Work permit duration", + "marginal_note": "Work permit duration", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers may issue an open work permit with a mandatory condition restricting the location to the participating community that is valid for 2 years from the date of decision or date of entry to Canada or until the expiry of the travel document, whichever comes first.\nIf the passport expires before the end of the 2-year period, thereby limiting the initial YCP work permit validity, the foreign national may apply for the balance of the 2 years by submitting an application for a work permit extension after obtaining a new passport. The applicant must prove that they still meet the eligibility requirements.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work permit duration", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/yukon-exemption-code-a75.html" + }, + { + "id": "pdi-tr-57-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Yukon Community Pilot – Open work permits (R205(a) - A75): I — Work permit processing", + "marginal_note": "Work permit processing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "It is mandatory that the work permit application be submitted electronically. Foreign nationals may not apply for the YCP work permit at a port of entry.\nThe work permit application will be processed in the IRCC Vancouver office. The Government of Yukon should send the work permit support letter by email to both the applicant and IRCC Vancouver. IRCC Vancouver can then search by name for the pending electronic work permit application and process it.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work permit processing", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/yukon-exemption-code-a75.html" + }, + { + "id": "pdi-tr-57-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Yukon Community Pilot – Open work permits (R205(a) - A75): I — Work permit extension", + "marginal_note": "Work permit extension", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In some rare situations, the application for permanent residence may take more than 2 years to be processed. Applicants to the YCP are  not  eligible for a  bridging open work permit (BOWP) . Applicants who require additional time in Canada while their application for permanent residence is being processed may apply to  extend their work permit . If the permanent residence application is refused or if the nomination is withdrawn, the applicant may not extend their work permit.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work permit extension", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/yukon-exemption-code-a75.html" + }, + { + "id": "pdi-tr-57-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Yukon Community Pilot – Open work permits (R205(a) - A75): I — Work permit issuance in the Global Case Management System (G", + "marginal_note": "Work permit issuance in the Global Case Management System (GCMS)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers should ensure the information on the work permit is accurate and complete.\nThe principal applicant’s work permit must indicate the location of work as one of the communities participating in this pilot.\nOn the Application screen, officers must confirm the following:\nField\nSelection or input\nCase type:\n20\nProvince of destination:\nYukon\nCity of destination:\nas per the Yukon support letter. This is mandatory .\nSpecial program code:\nYUKONCP (Description: Yukon Pilot). This is mandatory .\nNOC\n99999\nIntended occupation\nOpen\nLMIA/LMIA-exempt #\nA75\nEmployer\nOpen\nDuration\nOfficers may issue an LMIA-exempt work permit that is valid for the duration of the offer of employment or until the expiry of the travel document, whichever is earlier. If the foreign national is exempt from the travel document requirement (for example, they are a United States citizen), the work permit should be issued for the full duration of the offer of employment. Refer to Validity period for work permits .\nUser remarks\nOfficers must include the following condition in the work permit under user remarks:\n“May not engage in employment outside of the community in the Yukon territory as stated within the statement of support from Yukon.”", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work permit issuance in the Global Case Management System (GCMS)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/yukon-exemption-code-a75.html" + }, + { + "id": "pdi-tr-57-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Yukon Community Pilot – Open work permits (R205(a) - A75): I — Work permits for family members", + "marginal_note": "Work permits for family members", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the principal applicant is employed in at least 1 position in any Training, Education, Experience and Responsibilities (TEER) category, family members are eligible to apply for an open work permit restricted by location.\nIf the principal applicant is employed in TEER 0, 1, 2 or 3: R205(c)(ii) [Administrative Code C41/C46] if the principal applicant is high-skilled worker\nIf principal applicant is employed in TEER 4 or 5: R205(c)(ii) [Administrative Code C47/C48] if the principal applicant is low-skilled worker\nThis work permit should include a location restriction to the community where the principal applicant works. The family member’s work permit must always be restricted to the same community as the principal applicant’s job location and should not be amended.\nThe open work permit for the family member should have a validity that matches the principal applicant’s, up to a maximum of 2 years or until the expiry of the passport or travel document, whichever is earlier.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work permits for family members", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/yukon-exemption-code-a75.html" + }, + { + "id": "pdi-tr-58-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy: Open work permits for applicants under the temporary resident to ", + "marginal_note": "Public policy: Open work permits for applicants under the temporary resident to permanent resident pathway", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nTemporary public policies to transition foreign nationals already living and working in Canada to permanent residence were announced on April 14, 2021 and launched on May 6, 2021.\nTo support these permanent resident public policies, the  Temporary public policy to exempt certain permanent residence applicants from work permit requirements  was signed on July 4, 2021, to provide exemptions from certain requirements of the Immigration and Refugee Protection Regulations (IRPR) to facilitate the issuance of open work permits to eligible individuals in Canada. Eligible family members may also apply for an open work permit.\nA  subsequent public policy  on issuing open work permits was signed on April 21, 2022, and expired on December 31,2024.\nA third public policy was issued on December 16, 2024, to:\ncontinue to exempt certain permanent residence applicants from work permit requirements\nallows the issuance of open work permits with a longer duration (until December 31, 2026) to avoid the need for renewals\nexpands the eligibility requirements of the open work permit public policy to include eligible family members abroad to help speed up family reunification\nThis replacement public policy will be applied retroactively to pending applications for a work permit made under the initial public policy, as well as all applications received after the date that this public policy takes effect. Refer to Extensions .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Public policy: Open work permits for applicants under the temporary resident to permanent resident pathway", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/tr-pr-pathway.html" + }, + { + "id": "pdi-tr-58-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy: Open work permits for applicants under the te — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Policy objectives\nEligibility requirements for principal applicants\nDocumentary evidence\nProof of receipt of IRCC confirmation email\nProof of language test results\nProof of authorized work\nProcessing open work permit applications\nWork permit issuance for principal applicants\nFees\nSpecial program codes\nEligibility requirements for spouses, common-law partners and dependent children\nDocumentary evidence\nWhat is a genuine relationship\nProcessing of family groups\nOpen work permit issuance for family members\nExtensions\nDocumentary evidence\nRefusals", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/tr-pr-pathway.html" + }, + { + "id": "pdi-tr-58-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy: Open work permits for applicants under the te — Policy objectives", + "marginal_note": "Policy objectives", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This public policy facilitates the issuance of open work permits to eligible foreign nationals in Canada who submitted an application for permanent residence under one of the streams created by the Temporary Resident to Permanent Resident Pathway  public policy which came into effect on May 6, 2021. It also authorizes eligible family members to apply for an open work permit regardless of whether or not they are currently residing in Canada with the principal applicant.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Policy objectives", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/tr-pr-pathway.html" + }, + { + "id": "pdi-tr-58-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy: Open work permits for applicants under the te — Eligibility requirements for principal applicants", + "marginal_note": "Eligibility requirements for principal applicants", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Foreign nationals must meet the following requirements:\nhave temporary resident status (including maintained status) or be able to restore their temporary resident status\nif they hold a work permit, the permit must be valid for 4 months or less at the time they apply for a work permit under this public policy\nhave submitted their open work permit application online through an IRCC Secure Account (referred to as MyAccount or MyCIC Account) under this public policy and have indicated which permanent residence public policy stream they applied under\nat the time they applied for permanent residence, the foreign national must\nhave held legal authorization to work (a valid work permit, authorization to work under section R186 or authorization to work under a public policy)\nhave obtained a specific level of language ability on an IRCC-approved language test\nhave either\nreceived an email confirmation that IRCC received their permanent residence application under one of the following public policies and that it is within any capped volume:\nTemporary public policy to facilitate the granting of permanent residence for foreign nationals in Canada, outside of Quebec, with recent Canadian work experience in essential occupations\nTemporary public policy to facilitate the granting of permanent residence for French-speaking foreign nationals in Canada, outside of Quebec, with recent Canadian work experience in essential occupations\nTemporary public policy to facilitate the granting of permanent residence for foreign nationals in Canada, outside of Quebec, with a recent credential from a Canadian post-secondary institution", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility requirements for principal applicants (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/tr-pr-pathway.html" + }, + { + "id": "pdi-tr-58-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy: Open work permits for applicants under the te — Eligibility requirements for principal applicants", + "marginal_note": "Eligibility requirements for principal applicants", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Temporary public policy to facilitate the granting of permanent residence for French-speaking foreign nationals in Canada, outside of Quebec, with a recent credential from a Canadian post-secondary institution\nTemporary public policy to facilitate the granting of permanent residence for foreign nationals in Canada, outside of Quebec, with a recent credential from a Canadian post-secondary institution who applied in excess of the application intake cap ;\nTemporary public policy to facilitate the granting of permanent residence for foreign nationals in Canada, outside of Quebec, who used an alternative format to apply to the Temporary Pathway to Permanent Residence and whose applications were received in excess of the application intake cap\nOr\nhave received the letter that the Client Support Centre (CSC) provided when an alternative application format (for example: paper copy, Braille or large print) was requested. The letter from the CSC is evidence that IRCC accepted their explanation and sent the required application package\nNote: Note: The permanent residence application must not have been withdrawn or refused at the time of work permit application submission.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility requirements for principal applicants (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/tr-pr-pathway.html" + }, + { + "id": "pdi-tr-58-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy: Open work permits for applicants under the te — Documentary evidence", + "marginal_note": "Documentary evidence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Proof of receipt of IRCC confirmation email\nPrincipal applicants must provide a copy of the confirmation email stating that IRCC has received their application.\nThis is a system-generated email that is sent to online applicants. The email reads as follows:\nThis is an automated message. Do not reply to this email.\nHello,\nThis email confirms that you have successfully submitted your permanent residence application.\nWe’ll review your application to make sure you\nprovided all of the information we asked for\nuploaded all required documents correctly\npaid the fees\nWe’ll send you a confirmation email (an acknowledgement of receipt or AOR) once an agent starts reviewing your application.\nIt can take some time before you receive the AOR.\nCheck your email regularly to see if you’ve received it.\nThank you,\nImmigration, Refugees and Citizenship Canada\nProof of language test results\nThe applicant must have language test results from a designated provider listed below that show the applicant meets the minimum language level in each of the 4 language skill areas for the stream to which they are applying, for either\nthe Canadian Language Benchmark (CLB) in English; or\nthe Niveaux de compétence linguistique canadiens (NCLC) in French\nEnglish providers\nIELTS: International English Language Testing System (General Training test only)\nCELPIP: Canadian English Language Proficiency Index Program (General test only)\nFrench providers\nTEF Canada: Test d’évaluation de français\nTCF Canada: Test de connaissance du français (in French only)\nThe date of the test results should be within 2 years but prior to permanent residence application submission.\nThe minimum language requirements for each stream are as follows:\nStream\nMinimum language requirement", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documentary evidence (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/tr-pr-pathway.html" + }, + { + "id": "pdi-tr-58-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy: Open work permits for applicants under the te — Documentary evidence", + "marginal_note": "Documentary evidence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Workers in Canada: Health care and Workers in Canada: Essential non-health care\nCLB/NCLC 4 (in either English or French)\nInternational graduates from a Canadian institution\nCLB/NCLC 5 (in either English or French)\nFrench-speaking workers in Canada: Health care and French-speaking workers in Canada: Essential non-health care\nNCLC 4 (must be in French)\nFrench-speaking international graduates from a Canadian institution\nNCLC 5 (must be in French)\nThe applicant must submit this proof using the “Client Information” slot in the electronic application.\nProof of authorized work\nThe foreign national must submit the following 2 pieces of evidence to show that, at the time the application for permanent residence was submitted, they were legally employed in Canada:\na copy of the confirmation of employment letter (an employer reference letter) from their employer or a job contract covering the period of time when they submitted their permanent residence application. This proof is the same piece of evidence that the applicant used to support their permanent residence application.\nand\none of the following:\nIf they were authorized to work in Canada under section R200 or R201, a copy of their work permit that covers the date of permanent residence application submission.\nIf they were exempt from the work permit requirement under section R186, a copy of a visitor record or other satisfactory evidence.\nIf they were authorized to work without a work permit under a public policy until a decision is made on their work permit application, a copy of the interim work authorization approval.\nThe officer should find this proof in the “Client Information” slot in the incoming correspondence.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documentary evidence (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/tr-pr-pathway.html" + }, + { + "id": "pdi-tr-58-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy: Open work permits for applicants under the te — Processing open work permit applications", + "marginal_note": "Processing open work permit applications", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers should use a work permit expiry date of December 31, 2026.\nOpen work permit applications will be processed by the Immigration Operations Branch.\nNote: Not all mandatory documents are requested in the online document checklist. Applicants are given instructions on the IRCC website on how to identify the permanent residence stream they applied under and where to upload the supporting documentation when they apply online.\nOfficers should note that applicants are given specific instructions on how to complete the Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker [IMM 5710]. Applicants instructions can be found at Temporary public policies: Open work permits for applicants under the temporary resident to permanent resident pathway .\nApplicants are instructed to input the following in the “Details of intended work in Canada” section:\nBox 1: What type of work permit are you applying for?\nSelect “Open Work Permit”.\nBox 4: “Job title” and “Brief description of duties”\nEnter “TRPR pathway PP OWP” in the “Job title” box.\nEnter the name of the permanent residence stream you applied under in the “Brief description of duties” box.\nIn general, these instructions also apply to family members who are eligible for this open work permit.\nHowever, instead of putting the name of the permanent residence stream in the “Brief description of duties” box, they must enter the unique client identifier (UCI) of the principal applicant.\nImportant: Officers should be aware that\nthe “Job title” box on the IMM 5710 form maps to the “Intended occupation” field in GCMS\nthe “Brief description of duties” box maps to a case note in GCMS", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Processing open work permit applications (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/tr-pr-pathway.html" + }, + { + "id": "pdi-tr-58-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy: Open work permits for applicants under the te — Processing open work permit applications", + "marginal_note": "Processing open work permit applications", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "the presence of “TRPR pathway” in the “Intended occupation” field should be the flag to the officer to process under this public policy\nWork permit issuance in the Global Case Management System (GCMS)\nOn the “Application” screen, officers should enter the following information in the specified fields:\nField\nSelection or input\nCase type\n20\nSpecial Program Code\nSee Special program codes\nProvince of destination\nOpen\nCity of destination\nOpen\nExemption code\nR01 (A25.2 Public policy)\nThis code should be entered manually\nNOC\n99999\nThis code should be entered manually\nIntended occupation\nTRPR pathway PP OWP\nEmployer\nOpen\nDuration\nDecember 31, 2026, or until the expiry of the travel document, whichever is earlier.\nFee exemption code\nOpen work permit holder fee: P03\nUser remarks (mandatory)\nTRPR pathway application pending decision\nFees\nAll foreign nationals applying for an open work permit under this public policy are required to pay the work permit processing fees, but are exempt from the requirement to pay the open work permit holder fee of $100 as work permit applicants under a public policy are not referenced in subsection R303.2(1) .\nImportant: If this fee is paid in error, it must be refunded as per the processing office’s normal refund procedures.\nApplicants instructions can be found at: Temporary public policies: Open work permits for applicants under the temporary resident to permanent resident pathway .\nSpecial program codes\nThe special program codes that are used for the permanent residence applications can manually be entered by intake officers so that processing officers can easily identify the stream the applicant chooses to apply for. The codes and streams are as follows:\nEnglish code\nEnglish stream name\nFrench code\nFrench stream name\nCWE", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Processing open work permit applications (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/tr-pr-pathway.html" + }, + { + "id": "pdi-tr-58-5-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy: Open work permits for applicants under the te — Processing open work permit applications", + "marginal_note": "Processing open work permit applications", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Workers in Canada: Stream B (essential non-healthcare)\nTCE\nTravailleurs au Canada : Volet B (essentiel excluant soins de santé)\nIGR\nInternational Graduates\nDET\nDiplômés étrangers\nSAH\nWorkers in Canada: Stream A (healthcare)\nEAS\nTravailleurs au Canada : Soins de santé\nCWEF\nFrench-speaking Workers in-Canada: Stream B (essential, non-healthcare)\nTCEF\nTravailleurs d’expression française au Canada : Volet B (essentiel excluant soins de santé) :\nIGRF\nFrench-speaking International Graduates\nDETF\nDiplômés étrangers d’expression française\nSAHF\nFrench-speaking Workers in-Canada: Stream A (healthcare)\nEASF\nTravailleurs d’expression française au Canada : Volet A (soins de santé)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Processing open work permit applications (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/tr-pr-pathway.html" + }, + { + "id": "pdi-tr-58-6-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy: Open work permits for applicants under the te — Eligibility requirements for spouses, common-law partners an", + "marginal_note": "Eligibility requirements for spouses, common-law partners and dependent children", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To be eligible for an open work permit under this public policy, family members must\nhave submitted an open work permit application online through an IRCC Secure Account and included the UCI of their principal family member in the work permit application\nbe a genuine family member as described in subsection R1(3) of a principal applicant who has applied for and been found eligible for an open work permit under this public policy\n\"Family member” is defined as\nthe spouse or common-law partner\na dependent child of the principal applicant or their spouse or common-law partner\na dependent child of a dependent child\nhave been included as an accompanying family member in the principal applicant’s permanent residence application\nbe 18 years of age or older at the time the work permit application is submitted.\nApplicants in Canada must also have valid temporary resident status or be eligible to restore their temporary resident status if they are in Canada at the time the work permit application is submitted.\nIf the principal applicant is not eligible for an open work permit under the temporary resident to permanent resident (TR to PR) pathway public policy, the family members are also not eligible and their work permit application should be refused along with any other temporary residence applications for family members.\nApplicants overseas are instructed to submit their application online using the application form for applicants outside Canada. They are subject to all requirements for overseas applicants.\nApplicants are required to check the migration office’s specific requirements to make sure all required documents are included in their online application.\nDocumentary evidence", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility requirements for spouses, common-law partners and dependent children (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/tr-pr-pathway.html" + }, + { + "id": "pdi-tr-58-6-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy: Open work permits for applicants under the te — Eligibility requirements for spouses, common-law partners an", + "marginal_note": "Eligibility requirements for spouses, common-law partners and dependent children", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "With the application for a spouse’s or dependent child’s open work permit, the applicant should provide the following, in addition to the other supporting documents requested when submitting an online application:\nproof of relationship (for example, marriage certificate, declaration of common-law relationship, birth certificate that shows both parents’ names)\na copy of the IMM 0008 form for the permanent residence application in which the principal applicant listed the name of their family members\nWhat is a genuine relationship\nAs per section R4 , a foreign national shall not be considered a spouse or a common-law partner of a person if the marriage or common-law partnership either\nwas entered into primarily for the purpose of acquiring any status or privilege under the Immigration and Refugee Protection Act\nis not genuine\nIf officers have any concerns as to the genuineness of the relationship, they may request further documentation or information to confirm that the relationship between the dependent spouse or common-law partner and the principal foreign national is genuine and is not a relationship of convenience.\nProcessing of family groups\nFor applicant instructions for family members, see Temporary public policies: Open work permits for applicants under the temporary resident to permanent resident pathway\nApplications for whole family submitted together\nThe CPC-E is responsible for processing in-Canada applications (for principal applicants and in-Canada family members) whether the applications were submitted as a group or separately.\nFamily groups where the principal applicant is in Canada and family members are outside of Canada will be triaged automatically to the CPC-E.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility requirements for spouses, common-law partners and dependent children (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/tr-pr-pathway.html" + }, + { + "id": "pdi-tr-58-6-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy: Open work permits for applicants under the te — Eligibility requirements for spouses, common-law partners an", + "marginal_note": "Eligibility requirements for spouses, common-law partners and dependent children", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The CPC-E will only process the principal applicant’s application. Applications for outside of Canada family members will be referred to the appropriate migration office for processing.\nIf the principal applicant is eligible for an open work permit under the TR to PR pathway public policy, CPC- E will:\napprove the principal applicant’s work permit application\nrefer the overseas family members to the appropriate migration office (CPC E will follow the existing process they have for this procedure)\nadd a Case Note to the family members’ application: “Principal applicant is eligible for an open work permit under the TR to PR pathway public policy. Referred to [migration office] for processing and final decision.”\nThe officer must add the ORG ID code for family members before transferring the applications to the relevant migration office.\nIf the work permit application of the principal applicant is refused, family members who submitted an open work permit under this public policy are no longer eligible for an open work permit and their work permit application should be refused.\nApplications for family submitted separately\nDependants who did not include their temporary residence application in a family group with the principal applicant’s application can only submit their application after the principal applicant receives the open work permit.\nIn such cases, dependants must upload a copy of the principal applicant’s work permit in the “Client Information” field or ‘Proof of family member status’ when they apply online through the IRCC secure account (MyCIC Account).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility requirements for spouses, common-law partners and dependent children (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/tr-pr-pathway.html" + }, + { + "id": "pdi-tr-58-6-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy: Open work permits for applicants under the te — Eligibility requirements for spouses, common-law partners an", + "marginal_note": "Eligibility requirements for spouses, common-law partners and dependent children", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If migration offices receive an online application from dependants overseas and the CPC-E has already issued an open work permit to the principal applicant, the appropriate migration office can make a final decision on the temporary residence application.\nIf the dependants are eligible to apply for temporary residence after entry and they used the in-Canada form, the CPC-E or local office will process the application and make the final decision as per the regular procedure.\nOpen work permit issuance for family members\nOn the “Application screen”, officers should enter the following information in the specified fields:\nField\nSelection or input\nCase type\n20\nProvince of destination\nOpen\nCity of destination\nOpen\nExemption code\nR01 (A25.2 Public policy)\nThis code should be entered manually\nNOC\n99999\nThis code should be entered manually\nIntended occupation\nTRPR pathway PP OWP\nEmployer name\nOpen\nDuration\nDecember 31, 2026, or until the expiry of the travel document, whichever is earlier.\nFee exemption code\nOpen work permit holder fee: P03\nUser remarks (mandatory)\nTRPR pathway application pending decision: family member", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility requirements for spouses, common-law partners and dependent children (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/tr-pr-pathway.html" + }, + { + "id": "pdi-tr-58-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy: Open work permits for applicants under the te — Extensions", + "marginal_note": "Extensions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If a permanent residence application is in processing but has not been finalized, foreign workers who received an open work permit under this public policy may apply to extend their work permit. If they still meet all requirements, they may be issued an open work permit that is valid until December 31, 2026, or until the expiry of the travel document, whichever is earlier.\nInstructions for applicants can be found at: Temporary public policies: Open work permits for applicants under the temporary resident to permanent resident pathway .\nApplicants are instructed to input the following in the “Details of intended work in Canada” section:\nBox 1: What type of work permit are you applying for?\nSelect “Open Work Permit”.\nBox 4: “Job title” and “Brief description of duties”\nEnter “TRPR pathway PP OWP-EXT” in the “Job title” box.\nEnter the name of the permanent residence stream you applied under in the “Brief description of duties” box.\nIn general, these instructions also apply to family members who are eligible to extend their open work permit under the public policy.\nHowever, instead of putting the name of the permanent residence stream in the “Brief description of duties” box, they must enter the principal applicant’s UCI.\nDocumentary evidence\nIn addition to the other supporting documents requested when submitting an online application, the applicant should provide the following:\nA copy of the work permit that was issued under the OWP TR to PR pathway public policy.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Extensions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/tr-pr-pathway.html" + }, + { + "id": "pdi-tr-58-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Public policy: Open work permits for applicants under the te — Refusals", + "marginal_note": "Refusals", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When officers are not satisfied that the eligibility requirements of this public policy have been met, they need to clearly document their reasons in the refusal note.\nThe refusal note needs to refer specifically to the documentary evidence that the applicant provided. Simply stating “I have reviewed the documents submitted, and I am not satisfied that the requirements of the public policy have been met” is not enough for others to understand the reasoning behind the decision without reviewing all of the evidence again.\nExample: If the applicant does not have temporary resident status or is not able to restore their temporary resident status, then the officer will specifically refer to this fact as the reason why the eligibility requirements of the public policy have not been met.\nThe “Refusal Grounds” should reflect what is stated in the refusal note.\nOfficers must be satisfied that the eligibility requirements of the public policy have been met in order to waive the provisions of the IRPR listed below (for which an exemption, if applicable, may be granted).\nIf the applicant does not meet the eligibility requirements, then the following provisions are not waived :\nParagraph 200(1)(c) - the requirement for the applicant to be described under this paragraph of the IRPR;\nParagraphs 199(a)–(i) - the requirements that a foreign national must meet in order to apply for a work permit after entering Canada.\nIf an applicant does not meet the eligibility requirements of the public policy, then R200(1)(c) or R199(a) to (i) are not waived, and the work permit application is refused .\nWhile the public policy waives the requirements under R200(1)(c) and R199(a) to (i), the applicant must still meet all the other eligibility requirements under R200, if applicable.\nExample: R200(1)(b) – Officers must be satisfied that the applicant will leave Canada at the end of their period of authorized stay. Their assessment should therefore include dual intent, if any. If an officer is not satisfied that the applicant’s work is genuine, the officer may reasonably assess that they will not leave Canada at the end of their stay. However, officers must provide their reasoning for why they are not satisfied.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Refusals", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/tr-pr-pathway.html" + }, + { + "id": "pdi-tr-59-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for applicants under the Interim Pathway for Caregivers", + "marginal_note": "Open work permits for applicants under the Interim Pathway for Caregivers", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "All in-Canada visitor extension, study permit and work permit applications must be submitted electronically, with some exceptions. Consult the list of  programs that are exempt from the in-Canada mandatory electronic application requirement .\nThis section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nApplicants under the Interim Pathway for Caregivers who have received a positive eligibility assessment of their application for permanent residence (APR) are eligible for an open work permit under public policy considerations, under paragraph 207(d) of the Immigration and Refugee Protection Regulations (IRPR), while they wait for their APR to be finalized.\nApplicants’ family members who are in Canada are also eligible for an open work permit under paragraph R207(e).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Open work permits for applicants under the Interim Pathway for Caregivers", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/permits-for-interim-pathway.html" + }, + { + "id": "pdi-tr-59-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for applicants under the Interim Pathway f — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Procedures for applicants\nEligibility parameters\nPaper applications – Determining if a positive eligibility decision has been made\nIssuing an open work permit\nExtensions\nSpouses, common‑law partners and dependants", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/permits-for-interim-pathway.html" + }, + { + "id": "pdi-tr-59-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for applicants under the Interim Pathway f — Procedures for applicants", + "marginal_note": "Procedures for applicants", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Caregivers may submit their paper open work permit application, the Application to Change Conditions, Extend My Stay or Remain in Canada as a Worker form [IMM 5710] (PDF, 442 KB) , under the labour market impact assessment (LMIA) exemption code A70 together with their APR, under the Interim Pathway for Caregivers, to the Case Processing Centre in Edmonton (CPC-E). The open work permit is not processed until an eligibility decision is made on the permanent residence application.\nApplicants may apply for their open work permit after they submit their APR. However, the application will not be processed until an eligibility decision is made.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Procedures for applicants", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/permits-for-interim-pathway.html" + }, + { + "id": "pdi-tr-59-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for applicants under the Interim Pathway f — Eligibility parameters", + "marginal_note": "Eligibility parameters", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To be eligible for an open work permit under LMIA exemption code A70, foreign nationals should\nbe in Canada and intend to reside in a province or territory other than Quebec\nbe one of the following at the time of application:\nauthorized to work in Canada with a work permit other than a Live-in Caregiver Program work permit\nauthorized to work without a work permit, pursuant to paragraph R186(u) (implied status),if they have applied for a renewal of a work permit other than a Live-in Caregiver Program work permit\neligible for restoration of status, have applied for restoration and have held a work permit other than a Live-in Caregiver Program work permit as their most recent work permit\nbe the principal applicant on an APR under the Interim Pathway for Caregivers\nhave received a positive eligibility assessment of their paper APR under the Interim Pathway for Caregivers", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility parameters", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/permits-for-interim-pathway.html" + }, + { + "id": "pdi-tr-59-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for applicants under the Interim Pathway f — Paper applications – Determining if a positive eligibility d", + "marginal_note": "Paper applications – Determining if a positive eligibility decision has been made", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A positive eligibility assessment is considered to be have been made once the status of the “Eligibility” field in GCMS is set to “Passed”.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Paper applications – Determining if a positive eligibility decision has been made", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/permits-for-interim-pathway.html" + }, + { + "id": "pdi-tr-59-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for applicants under the Interim Pathway f — Issuing an open work permit", + "marginal_note": "Issuing an open work permit", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applicants must indicate they are applying for an open work permit.\nWork permit applications are processed according to the information provided by the foreign national. The response to “What type of work permit are you applying for?” must be “open work permit” to meet the eligibility requirements. Officers are to ensure applicants meet the eligibility requirements, regardless of whether or not an employer’s name is mentioned.\nThe open work permit is issued under the authority of paragraph R207(d) and is coded as follows:\nLMIA exemption code: A70\nNOC: 99999\nIntended Occupation: Open\nCase Type: 27 – Under examination\nDuration: 12 months\nIn all cases, officers must input the visible remark “APR Pending” on the work permit. This remark, in addition to the Case Type code, ensures eligibility for continued health care coverage by the province or territory.\nNote: Open work permit applicants under the Interim Pathway for Caregivers and their family members are required to pay the work permit processing fee of $155, but they are exempt from the requirement to pay the open work permit holder fee of $100. Fee exemption code P03 should be used in these cases.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Issuing an open work permit", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/permits-for-interim-pathway.html" + }, + { + "id": "pdi-tr-59-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for applicants under the Interim Pathway f — Extensions", + "marginal_note": "Extensions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If an APR is in process but has not been finalized, a work permit extension of the A70 open work permit may be considered on a case-by-case basis through the normal extension process at the CPC-E.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Extensions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/permits-for-interim-pathway.html" + }, + { + "id": "pdi-tr-59-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for applicants under the Interim Pathway f — Spouses, common‑law partners and dependants", + "marginal_note": "Spouses, common‑law partners and dependants", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In-Canada spouses, common-law partners and dependants who are in status, on implied status or eligible for restoration may also be eligible for an A70 open work permit under paragraph R207(e) once the principal applicant has received a positive eligibility assessment decision of their APR.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Spouses, common‑law partners and dependants", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/permits-for-interim-pathway.html" + }, + { + "id": "pdi-tr-60-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary public policy exempting certain applicants applying under the spouse o", + "marginal_note": "Temporary public policy exempting certain applicants applying under the spouse or common-law partner in Canada class or the family class from work permit requirements [R205(a) – A74]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nIn these instructions, “officers” refers to IRCC officers only, and not Canada Border Services Agency (CBSA) border services officers, as applications cannot be made at the port of entry.\nThe instructions on this page should be reviewed in conjunction with:\nOpen work permit – General processing and issuance\nConditions and validity period on work permits\nThe pilot program in effect from December 22, 2014, until May 9, 2023, which allowed the issuance of open work permits to applicants in the spouse or common-law partner in Canada (SCLPC) class prior to first-stage approval, has ended.\nOn May 10, 2023, a temporary public policy came into effect to facilitate the issuance of an open work permit to foreign nationals and their accompanying dependent children who are in Canada and have a valid temporary resident status, maintained their status or are eligible for and have applied to restore their status and have submitted a complete permanent residence application under the SCLPC class or in the family class. The public policy waives the requirements of section 199 of the Immigration and Refugee Protection Regulations (IRPR) (application after entry), authorizing certain visitors to apply for a work permit in Canada.\nThe department uses specific administrative codes to identify certain situations where it considers the work of a foreign national to create significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents, as described in paragraph R205(a). The factors provided for each code demonstrate how the situation may meet the requirements of paragraph R205(a). Officers must also always be satisfied that all requirements of section R200 are met.\nThe administrative code under which the work of certain foreign nationals, remaining in Canada to reside with their sponsor, may create significant economic or social benefits is “A74”.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary public policy exempting certain applicants applying under the spouse or common-law partner in Canada class or the family class from work permit requirements [R205(a) – A74]", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html" + }, + { + "id": "pdi-tr-60-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary public policy exempting certain applicants applyin — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Eligibility\nDocumentary evidence\nReceipt of application\nAssessing the application\nGenuine relationship\nDependent children and working age\nFinal decision\nApproval\nRefusal and refunds\nExtensions\nUseful links\nPrevious updates", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html" + }, + { + "id": "pdi-tr-60-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary public policy exempting certain applicants applyin — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To be issued an open work permit under this public policy, the applicant must meet all of the following criteria at the time of decision on the work permit application .\nThe applicant must\nhave submitted the application for an open work permit using the online IRCC Secure Account  (referred to as MyAccount or the Authorized Paid Representative Portal) as per section R9.2\nOnly applicants who meet the requirements of section R9.4 and section R9.5 may use the paper application form.\nbe physically in Canada, and\nhave valid temporary resident status, or\nhave maintained their temporary resident status under subsection R183(5), or\nhave applied for and be eligible for restoration of temporary resident status\nbe included as a spouse or common-law partner in the SCLPC class, or as a spouse, common-law partner or conjugal partner in the family class, in a permanent residence application that has met the requirement of a complete application as per section R10, and the applicable ministerial instructions as either\nthe principal applicant, or\nan accompanying dependent child of the principal applicant in a)\nbe the subject of a sponsorship application submitted by a Canadian citizen or permanent resident as\na spouse, common-law or conjugal partner\nan accompanying dependent child as per section R2 of the sponsored person in a)\nat the time of application, be residing at the same residential address in Canada as\nthe sponsor, if a principal applicant\nthe sponsor and principal applicant, if an accompanying dependent child\nNote: For eligible dependent children, the principal applicant (the spouse, common-law or conjugal partner) must meet the eligibility requirements indicated above in 2, 3.a) and 4.a) at the time of work permit application assessment.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html" + }, + { + "id": "pdi-tr-60-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary public policy exempting certain applicants applyin — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The following foreign nationals  are not eligible under this exemption category:\napplicants whose permanent residence application under the SCLPC class or family class has been refused, withdrawn or returned\napplicants whose permanent residence application is being processed under the spousal public policy (subcategory “PP” in the Global Case Management System [GCMS]) on the basis that they do not have a valid temporary resident status\nThese applicants must wait until they receive approval in principle to be eligible to apply for an open work permit\nforeign nationals who submit the work permit application as part of a permanent resident application using the Permanent Residence Portal\nif they submit their application at a port of entry\nIf the foreign national submits their application upon entry, they will not meet the requirement of having a valid temporary resident status. At the time of application submission, they must have already been authorized to enter Canada as a temporary resident under section A22 .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html" + }, + { + "id": "pdi-tr-60-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary public policy exempting certain applicants applyin — Documentary evidence", + "marginal_note": "Documentary evidence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "With the application for an open work permit, officers should be satisfied that they have the following documentary evidence to make an assessment:\nproof of relationship (for example, marriage certificate, Statutory Declaration of Common-Law Union [IMM 5409], birth certificate of a common child that shows both parents’ names)\na copy of the acknowledgement of receipt (AoR) letter confirming that the permanent residence application has been put into processing\nException: To ensure that foreign nationals do not fall out of status while awaiting for their AoR, IRCC will allow the applicant to submit their open work permit application without the AoR if they provide proof that\ntheir work permit, study permit, or temporary resident status expires in 2 weeks or less\nthey have submitted a permanent residence application under the SCLPC class or in the family class as a spouse, common-law or conjugal partner\nproof that they have a valid temporary resident status (for example, a valid work permit, visitor record, study permit, temporary resident permit, or a stamp in their passport)\nhave the same residential address as their sponsor in Canada\nIn addition, dependent children must provide\na copy of the IMM 0008 form for the permanent residence application in which the principal applicant listed the name of their family members", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documentary evidence", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html" + }, + { + "id": "pdi-tr-60-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary public policy exempting certain applicants applyin — Receipt of application", + "marginal_note": "Receipt of application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "All applications must be submitted online unless the applicant is exempt under sections R9.4 or R9.5.\nPaper application\nIf the work permit applicant meets one of the exemptions under section R9.4 or R9.5 (for example, if they require accommodations under section R9.5, including for a disability), they can submit the work permit application in another format (paper, braille or large print) after meeting the requirement of a complete permanent resident application as per  section R10 .\nPermanent Residence Portal\nAn open work permit application submitted in the Permanent Residence Portal is not eligible under this public policy.\nIf the work permit application is submitted in the Permanent Residence Portal, officers should send a letter to the applicant asking them to apply online using the correct online application method for an open work permit after they receive an AoR.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Receipt of application", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html" + }, + { + "id": "pdi-tr-60-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary public policy exempting certain applicants applyin — Assessing the application", + "marginal_note": "Assessing the application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Processing officers will ensure that the requirements for the open work permit are met.\nSince the only assessment on the permanent resident application was to confirm that it is complete, officers assessing the work permit application should conduct system checks to identify any adverse information, on either the sponsor or the applicant, that would render the applicant ineligible for permanent residence and thus the work permit in this category.\nIf there is information that an applicant is inadmissible, the admissibility assessment should be completed before a final decision on the work permit application is made.\nIn situations where a temporary resident permit is issued to the applicant to overcome an inadmissibility and where the person is an applicant for permanent residence under the SCLPC class, they may be issued an open work permit under this public policy, or they may meet the requirements under a labour market impact assessment (LMIA) exemption. See  International Mobility Program [IMP]: Humanitarian reasons [R208] .\nGenuine relationship\nAs per  section R4 , a foreign national shall not be considered a spouse or a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership either\nwas entered into primarily for the purpose of acquiring any status or privilege under the IRPA, or\nis not genuine\nIf officers have concerns as to the genuineness of the relationship, they may request further documentation or information to confirm that the relationship between the dependent spouse, common-law partner or conjugal partner and the principal foreign national is genuine and is not a relationship of convenience.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing the application (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html" + }, + { + "id": "pdi-tr-60-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary public policy exempting certain applicants applyin — Assessing the application", + "marginal_note": "Assessing the application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers can review the guidance in  Assessing the relationship of spouses, common-law and conjugal partners for further information.\nDependent children and working age\nThere is no set minimum age to be eligible for a work permit. The submission of work permit applications on behalf of minor children is at the discretion of their parent(s) or authorized guardian(s).\nThe \"working age\" varies across provincial and territorial jurisdictions and there is no minimum age for work permit issuance specified in the IRPA or the IRPR.\nAs such, unless there are reasonable grounds for an officer to be satisfied that a dependent child is unable to perform the work sought or any other reasons for refusal, minors may be issued a work permit.\nPlease refer to the instructions on Who qualifies as a dependent child to confirm if an applicant meets the definition of a dependent child in relation to the principal applicant.\nThe age of a dependent child is locked in when IRCC receives the SCLPC class or the family class application.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing the application (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html" + }, + { + "id": "pdi-tr-60-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary public policy exempting certain applicants applyin — Final decision", + "marginal_note": "Final decision", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Approval\nIf the work permit application is approved under this public policy, on the Application screen, officers should enter the following information in the specified fields:\nField\nSelection or input\nCase type\n27\nSpecial program code\nFor SCLPC class applicants: SPO (sponsored spouse or partner)\nFor family class sponsored spouses or partners:\nCode: FC1-OWP-PP\nDescription: OWP-Family Class in Can PP\nProvince of destination\nUnknown or open\nExemption code\nA74\nEmployer\nOpen\nIntended occupation\nOpen\nNational Occupational Classification (NOC)\n99999\nDuration\nThe open work permit may be issued for a maximum period of 24 months or the date the applicant’s passport expires, whichever comes first.\nConditions\nOfficers should ensure that instructions provided in Medical conditions to be imposed for open employer but occupation-restricted work permits are followed.\nUser remarks (mandatory)\nThe following remark must be added to all open work permits:\nFor spousal: “Pending SCLPC APR” or “Pending FC APR”\nFor dependent children only: Authorized to work as per applicable Canadian federal, provincial and territorial labour laws\nFees\n$155 work permit processing fee\n$100 open work permit holder fee\nBiometrics\nWork permit applicants are required to provide biometric information and pay the biometric fee ($85).\nThe regular biometric exemptions apply (for example, under 14 or 1 in 10 rule).\nRefusal and refunds\nIf the decision is to refuse the application, the processing officer must state in a case note their logical, reasonable conclusions. Officers can follow the instructions provided in Decision-making: Standard of review and process for making a reasonable decision .\nFor example:\nI am not satisfied that there is a genuine spousal relationship for the following reasons (include all concerns).\nRefund\nThe associated work permit processing fee is not refunded. However, the open work permit holder fee must be refunded where an application is refused.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Final decision", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html" + }, + { + "id": "pdi-tr-60-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary public policy exempting certain applicants applyin — Extensions", + "marginal_note": "Extensions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the application for permanent residence remains in processing and no eligibility decision has been made on the SCLPC application or no final decision has been made on the application for permanent residence under the family class, the work permit holders are eligible to extend their work permit under the administrative code A74 for 2 additional years under the public policy. This option applies to SCLPC class and family class applicants.\nNote: If the SCLPC applicants received an approval in principle letter (meaning that they met the eligibility requirement of the class and still have valid status in Canada), they are eligible to apply for an open work permit under section R207 of the IRPR, administrative code A70 . This option does not apply to family class applicants.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Extensions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html" + }, + { + "id": "pdi-tr-60-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary public policy exempting certain applicants applyin — Useful links", + "marginal_note": "Useful links", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Client instructions: Sponsor your spouse, partner or child: Optional: Open work permit in Canada\nWork permit option for PR applicants who met the eligibility requirements of the SCLPC class: Applicants in Canada [R207 – A70] – International Mobility Program\nSCLPC class applicants who are out of status: Public Policy Under A25(1) of IRPA to Facilitate Processing in accordance with the Regulations of the Spouse or Common-law Partner in Canada Class", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Useful links", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html" + }, + { + "id": "pdi-tr-61-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Optional open work permit for permanent residence pathway for Hong Kong resident", + "marginal_note": "Optional open work permit for permanent residence pathway for Hong Kong residents", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe  temporary public policy to exempt certain Hong Kong residents who have applied for permanent residence from work permit requirements  gives Hong Kong residents in Canada and their eligible family members who have applied under the  permanent residence pathways for Hong Kong residents  the option to maintain or restore temporary residence status in Canada while their permanent residence application is being processed. This new public policy came into effect on May 27, 2024, and will expire on May 27, 2029.\nThis temporary public policy exempts these applications from the requirements of  paragraph R200(1)(c)  of the Immigration and Refugee Protection Regulations. Applicants must be in Canada at the time of application and at the time of work permit issuance.\nApplications made under this public policy cannot be made on entry; therefore, these instructions do not apply to officers employed by the Canada Border Services Agency (CBSA). Work permit applications must be submitted online.\nThe instructions on this page should be reviewed in conjunction with the following:\nOpen work permit – General processing and issuance\nConditions and validity period on work permits\nUnder this open work permit public policy, the following exemptions also apply:\nParagraphs 199(a) to (I) of the Regulations: the requirements that a foreign national must meet in order to apply for a work permit after entering Canada are waived.\nParagraph 200(3)(e) of the Regulations:  a work permit can be issued if the prohibition is only under paragraph 200(3)(e) of the Regulations, that is, if the foreign national has engaged in unauthorized work or study in Canada or has failed to comply with the conditions of a previous permit or authorization.\nA work permit  cannot  be issued if the foreign national engaged in unauthorized work for an employer described in  section 196.1 of the Regulations  (offering striptease, erotic dance, escort services or erotic massages, ineligible for non-compliance or in default regarding an administrative monetary penalty).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Optional open work permit for permanent residence pathway for Hong Kong residents", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/open-work-pathways-hong-kong.html" + }, + { + "id": "pdi-tr-61-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Optional open work permit for permanent residence pathway fo — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Eligibility\nDocumentary evidence\nMandatory documents\nOptional documents\nApplication assessment\nRenewal applications\nFinal decision\nApproval\nRefusals\nWork and study permits for family members of the principal applicant Work permit\nStudy permit", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/open-work-pathways-hong-kong.html" + }, + { + "id": "pdi-tr-61-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Optional open work permit for permanent residence pathway fo — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Under this facilitative measure, the principal applicant must meet all of the following criteria:\nsubmitted an application under the Permanent resident pathways for Hong Kong residents that has been accepted into processing (i.e., was promoted in GCMS)\nthe permanent residence application must not have been already refused or withdrawn\nhold a passport issued by\nthe Hong Kong Special Administrative Region (HKSAR) of the People’s Republic of China\nthe United Kingdom to a British National Overseas (BNO), as a person born, naturalized, or registered in Hong Kong\nbe in Canada and\nhas valid temporary resident status, or\nhad temporary resident status that expired within 90 days of the date of application for this work permit and has applied for restoration at the same time\nhave held a work or study permit within the previous 3 years before the date the application for permanent residence was submitted\nImportant: To be eligible for facilitation under this temporary public policy, Hong Kong residents must be “physically in Canada with valid temporary resident status. ” An individual who has applied for facilitation under the public policy may leave Canada while their application is pending, but must be in Canada with valid temporary resident status or eligible for restoration of status at the time the decision is rendered to benefit from facilitation under the public policy . Typically, a foreign national who leaves Canada no longer holds valid temporary resident status and must present themselves at the port of entry, where a decision will be made regarding whether to permit re-entry as a temporary resident.\nOfficers should confirm that the applicant has not left Canada prior to granting the exemption for fees or the public policy open work permit. Officers can find instructions on confirming exit here: Entry/Exit Program .\nNote: If the applicants temporary status expired more than 90 days before they apply for this open work permit, their application can be refused.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/open-work-pathways-hong-kong.html" + }, + { + "id": "pdi-tr-61-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Optional open work permit for permanent residence pathway fo — Documentary evidence", + "marginal_note": "Documentary evidence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Individuals applying for an open work permit under the public policy must select in the online application tool that they are “Applying for a work permit under an active public policy or special measure announced by IRCC” in order to trigger the open work permit results. They will enter “HK OWP” in the job title box and “HK OWP – APR applicant in Canada public policy” in the brief description of duties box.\nMandatory documents\nCopy of HKSAR or BNO passport\nDigital photo\nPayment receipt in the Proof of Fee Exemption slot\nOptional documents\nFamily Information form [IMM 5707] - If the officer finds that they require the IMM 5707 for their assessment, it should be requested. Applications should not be refused due to a missing IMM 5707.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documentary evidence", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/open-work-pathways-hong-kong.html" + }, + { + "id": "pdi-tr-61-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Optional open work permit for permanent residence pathway fo — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Renewal application\nIf the application for permanent residence is still being processed and has not been refused or withdrawn, applicants may apply to renew their work permit.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/open-work-pathways-hong-kong.html" + }, + { + "id": "pdi-tr-61-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Optional open work permit for permanent residence pathway fo — Approval", + "marginal_note": "Approval", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "On the “Application” screen, officers should confirm or enter the following information in the specified fields:\nField\nSelection or input\nCase type\n20\nProvince of destination\nLeave blank\nCity of destination\nLeave blank or unknown\nNOC\n99999 (generic code)\nIntended occupation\nOpen\nEmployer\nOpen\nDuration\nUp to 3 years\nFees\nOpen work permit holder fee: exemption code P03\nWork permit processing fee – $155\nAny other applicable fees must be paid\nAll foreign nationals applying for an open work permit under this public policy  are exempt  from  the open work permit holder fee  of $100 as the fee is not referenced in subsection  303.2(1) of the Regulations . All other applicable fees must be paid.\nImportant: If this fee is paid in error, it must be refunded as per the processing office’s normal refund procedures.\nRefusals\nIf an officer is not satisfied that all the requirements of section 200 of the Regulations are met, they must record their reasons and outline the rationale for the decision as well as the facts and elements considered. They must also provide an explanation for the decision in a case note.\nRefusal reasons should clearly indicate which criteria or what requirement of section 200 of the Regulations was not met and explain how the conclusion was reached. For assistance, officers can follow the steps in Decision making: Standard of review and process for making a reasonable decision .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Approval", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/open-work-pathways-hong-kong.html" + }, + { + "id": "pdi-tr-61-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Optional open work permit for permanent residence pathway fo — Work and study permits for family members of the principal a", + "marginal_note": "Work and study permits for family members of the principal applicant", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Work permit\nAn open work permit may be issued to a family member (spouse, common-law partner, or dependent child) of the principal applicant under LMIA exemption code R02 if the principal applicant is approved for a work permit under the public policy and the family member meets the following criteria:\nis included as an accompanying family member on the permanent residence application\nis in Canada and\nhas valid temporary resident status, or\nhad temporary resident status that expired within 90 days of the date of application for this work permit and has applied for restoration at the same time\nis 18 years old at the time of the work permit application\nStudy permit\nMinor children can apply for a study permit under existing study permit streams or may study without one at the K–12 level if they are already in Canada and at least one parent is a work or study permit holder. Applications must be submitted online.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work and study permits for family members of the principal applicant", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/open-work-pathways-hong-kong.html" + }, + { + "id": "pdi-tr-62-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for Hong Kong recent graduates", + "marginal_note": "Open work permits for Hong Kong recent graduates", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe Hong Kong open work permit public policy allows foreign nationals who hold either an HKSAR or BNO passport, to apply for an open work permit which may be issued for up to 3 years. This public policy expires on February 7, 2025.\nThis public policy exempts these applications from the requirements of paragraph R200(1)(c) of the Immigration and Refugee Protection Regulations. Applicants can be residing in Canada or overseas at the time of application.\nApplications made under this public policy cannot be made on entry; therefore, these instructions do not apply to officers employed by the Canada Border Services Agency (CBSA). Work permit applications must be submitted online.\nThe instructions on this page should be reviewed in conjunction with the following:\nOpen work permit – General processing and issuance\nConditions and validity period on work permits\nUnder this open work permit public policy, the following exemptions also apply for Hong Kong residents:\nParagraphs R199(a) to (I) are waived – Hong Kong residents in Canada as visitors are eligible to apply inland for an open work permit under the public policy.\nParagraph R200(3)(e) is waived – Hong Kong residents are not prohibited from being issued a work permit if the prohibition is only under paragraph R200(3)(e), that is, if they have engaged in unauthorized work or study in Canada or have failed to comply with the conditions of a previous permit or authorization, unless they engaged in unauthorized work for an employer described in section R196.1.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Open work permits for Hong Kong recent graduates", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/open-work-permit-graduate-hong-kong.html" + }, + { + "id": "pdi-tr-62-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for Hong Kong recent graduates — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Eligibility\nResidents of Hong Kong\nFee waivers and exemptions\nMandatory tracking of fee waivers\nRequired supporting documents\nProof of education\nMandatory documents\nPolice certificates\nWork permit extension or change of conditions\nWork and study permits for spouses or common-law partners and dependent children", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/open-work-permit-graduate-hong-kong.html" + }, + { + "id": "pdi-tr-62-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for Hong Kong recent graduates — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Under these facilitative measures, the following clients may be eligible as a principal applicant or an accompanying dependant:\nresidents of Hong Kong , as defined in the Immigration and Refugee Protection Regulations, regardless of place of physical residence\nrecent graduate which means that the principal applicant has obtained an educational credential in the 10 years immediately preceding the submission of an application\nimmediate family members of Hong Kong residents who will be working or studying in Canada\nResidents of Hong Kong\nIn these instructions, residents of Hong Kong are defined under paragraphs R190(2)(d) and (e) as foreign nationals who hold a passport issued by\nthe Hong Kong Special Administrative Region (HKSAR) of the People’s Republic of China\nthe United Kingdom to a British National Overseas (BNO), as a person born, naturalized, or registered in Hong Kong\nFee waivers and exemptions\nFee exemptions for in Canada applications to extend status as worker no longer apply as of March 31, 2023.\nAll foreign nationals applying for an open work permit under this public policy are exempt from the open work permit holder fee of $100 as the fee is not referenced in subsection R303.2(1) . All other applicable fees must be paid.\nImportant: If this fee is paid in error, it must be refunded as per the processing office’s normal refund procedures.\nMandatory tracking of fee waivers\nFor all applications received after November 12, 2020, the cost recovery fee exemption code 999, as well as a reference to “ Hong Kong Special Measures ” (in the notes section), must be used to identify all waived fees. This will indicate that no revenue is expected by the department.\nHolders of HKSAR passports are visa-exempt and may apply for an electronic travel authorization (eTA) to come to Canada. The Hong Kong Document of Identity cannot be used in place of an HKSAR passport and, therefore, cannot be used to apply for an eTA or for any other application.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/open-work-permit-graduate-hong-kong.html" + }, + { + "id": "pdi-tr-62-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for Hong Kong recent graduates — Required supporting documents", + "marginal_note": "Required supporting documents", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applicants applying for an open work permit under the public policy must select in the online application tool that they are “Applying for a work permit under an active public policy or special measure announced by IRCC” for them to trigger the open work permit results.\nHowever, officers should note that the document checklist includes more documents than are required for this program. Clients are instructed to upload a page with “Not applicable” in the extra document slots, as per the list below.\nProof of education\nAs of February 8, 2023, the educational credential must have been obtained in the 10 years immediately preceding the submission of an application. Applications received as of May 17, 2021, that have not been finalized are eligible under this change.\nFor post-secondary studies, the applicant must hold either a\ndegree (for example, associate, bachelor, master, doctorate) from a post-secondary designated learning institute (DLI) in Canada or an equivalent educational credential earned abroad or\npost-secondary diploma from a post-secondary DLI in Canada or the equivalent credential from an overseas institution along with an educational credential assessment (ECA) report from an agency approved by Immigration, Refugees and Citizenship Canada (IRCC) to confirm Canadian equivalency.\nThe program of study must be at least 2 years in duration.\nFor graduate or post-graduate studies, the applicant must hold a\ngraduate or post-graduate credential (for example, graduate or post-graduate diploma) from a DLI in Canada or\nan equivalent educational credential from an overseas institution along with an ECA report from an agency approved by IRCC to confirm Canadian equivalency.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Required supporting documents (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/open-work-permit-graduate-hong-kong.html" + }, + { + "id": "pdi-tr-62-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for Hong Kong recent graduates — Required supporting documents", + "marginal_note": "Required supporting documents", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The graduate or post-graduate program of study must be at least 1 year in duration, and the completion of a post-secondary degree or diploma must be a program prerequisite. The prerequisite post-secondary degree or diploma must have been obtained in the 5 years immediately preceding the start of the post-graduate program . For example, if the applicant started their post-graduate studies in the fall of 2021, then their post-secondary degree or diploma must have been obtained between the fall of 2016 and the summer of 2021.\nMandatory documents\nCopy of educational credential, transcripts, or proof of enrolment at a post-secondary educational institution\nCopy of HKSAR or BNO passport\nFamily Information form [IMM 5707]\nCV or resume\nDigital photo\nPayment receipt in the Proof of Fee Exemption slot\n“Not applicable” documents\nEmployment reference letter\nLetter from current employer\nEmployment records\nEmployment contract\nPolice certificates\nAs with any case, the officer reviewing the file may request a police certificate in order to be fully satisfied that the applicant is not criminally inadmissible.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Required supporting documents (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/open-work-permit-graduate-hong-kong.html" + }, + { + "id": "pdi-tr-62-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for Hong Kong recent graduates — Work permit extension or change of conditions", + "marginal_note": "Work permit extension or change of conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "HKSAR and BNO passport holders already in Canada are eligible to either extend their stay or apply for their initial open work permit from within Canada under the public policy. They cannot apply at a port of entry . Applicants are also eligible to extend their initial open work permit issued under the Hong Kong open work permit public policy for another 3 years.\nFor in-Canada work permit extension applications, a copy of the CV or resume is not required.\nWork permit issuance in GCMS\nThe work permit will be issued under the authority of paragraph R200(1)(c) and will be coded as shown below.\nField\nSelection or input\nCase type\n20\nProvince of destination\nLeave blank\nCity of destination\nLeave blank or unknown\nNOC\n99999 (generic code)\nIntended occupation\nOpen\nEmployer\nOpen\nDuration\nUp to 3 years\nFee exemption codes\nIn-Canada applicants: Work permit extension fee waiver: 999\nAll applicants: Open work permit holder fee: P03", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work permit extension or change of conditions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/open-work-permit-graduate-hong-kong.html" + }, + { + "id": "pdi-tr-62-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Open work permits for Hong Kong recent graduates — Spouses or common-law partners and dependent children", + "marginal_note": "Spouses or common-law partners and dependent children", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "An open work permit may be issued, under LMIA exemption code R01, for overseas applications, and R02 for applications submitted from within Canada, to the spouse, common-law partner, or dependent children if the principal applicant is approved for a work permit under the public policy. Dependent children who have reached the age of majority (that is, 18 years of age and older) are also eligible to apply for an open work permit.\nFamily members applying for an open work permit under the Hong Kong open work permit public policy are also exempt from paying the open work permit holder fee ($100).\nStudy permit\nMinor children can apply for a study permit under existing study permit streams or may study without one at the K –12 level if they are already in Canada and at least one parent is a work or study permit holder. Applications must be submitted online.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Spouses or common-law partners and dependent children", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/open-work-permit-graduate-hong-kong.html" + }, + { + "id": "pdi-tr-63-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Seafood and fish plant workers (low-wage cap exempt) – Temporary Foreign Worker ", + "marginal_note": "Seafood and fish plant workers (low-wage cap exempt) – Temporary Foreign Worker Program (TFWP)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nIn these instructions, “officer” refers to employees of both Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA).\nAll in-Canada visitor extension, study permit and work permit applications must be submitted electronically, with some exceptions. Consult the list of  programs that are exempt from the in-Canada mandatory electronic application requirement .\nEmployers offering wages that are below the median hourly wage for their region are subject to a cap on the number of foreign workers without seasonal restrictions per location. Employers must submit 2 different labour market impact assessment (LMIA) applications per work location if they need more than the percentage allowed:\nOne LMIA for the total number of foreign nationals permitted under the low-wage cap . This LMIA is typically for a duration longer than 270 consecutive days. Work permits should be issued for the validity that is specified in the LMIA.\nOne LMIA that meets labour demand by allowing access to an unlimited number of workers but restricts the work duration to a maximum of 270 consecutive days.\nEmployers are allowed to apply for regular LMIAs, cap-exempt LMIAs or both for fish and seafood plant workers. Only the cap-exempt workers (270 consecutive days or less) are subject to the processing commitment of 30 days. This commitment applies to applications made inside Canada, outside Canada and at a port of entry if allowed.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Seafood and fish plant workers (low-wage cap exempt) – Temporary Foreign Worker Program (TFWP)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/seafood-processing.html" + }, + { + "id": "pdi-tr-63-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Seafood and fish plant workers (low-wage cap exempt) – Tempo — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Eligibility for priority processing\nDocumentary evidence\nMethod of receipt of application\nOutside Canada\nInside Canada\nPort of entry\nWork permit issuance in the Global Case Management System (GCMS)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/seafood-processing.html" + }, + { + "id": "pdi-tr-63-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Seafood and fish plant workers (low-wage cap exempt) – Tempo — Eligibility for priority processing", + "marginal_note": "Eligibility for priority processing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To be eligible for 30-day processing, the foreign national must\nbe applying as a fish and seafood plant worker or fish and seafood processing labourer\nusing National Occupational Classification (NOC) code 9463 or 9618 if the application is received before November 16, 2022\nusing NOC code 94142 or 95107 if the application is received on or after November 16, 2022\nhold a cap-exempt LMIA indicating a duration of employment of 180 or 270 days\nOfficers should check the Employment and Social Development Canada (ESDC) comments field for specific dates.\nsubmit a complete application package, as outlined in the online document checklist or application document checklist for their area", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility for priority processing", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/seafood-processing.html" + }, + { + "id": "pdi-tr-63-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Seafood and fish plant workers (low-wage cap exempt) – Tempo — Documentary evidence", + "marginal_note": "Documentary evidence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The onus is on the applicant to provide evidence that they meet the eligibility requirements and will be able to perform the work being sought as stated in the LMIA.\nApplicants for priority processing as a fish and seafood plant worker must provide the following:\nfull payment upfront to expedite processing and issuance\nApplications that do not include full payment should be rejected and returned.\na copy of the valid LMIA\na copy of their job offer or contract\nThe job offer must clearly outline the period the applicant will be working for the company.\nevidence (if applicable) of\nprevious travel\ntravel and work experience in the field of employment\nIn addition to the basic requirements, officers should confirm that when required, applicants include\nan upfront medical exam\na recent police certificate\nMigration offices may also have certain requirements for workers based on local conditions and considerations. These are listed in the migration office-specific document checklists. The onus is on the applicant to ensure that any other applicable requirements are met.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documentary evidence", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/seafood-processing.html" + }, + { + "id": "pdi-tr-63-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Seafood and fish plant workers (low-wage cap exempt) – Tempo — Method of receipt of application", + "marginal_note": "Method of receipt of application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Outside Canada\nApplications should be submitted online as per the current Ministerial Instructions (MIs) . The NOC codes for fish and seafood plant workers are pulled on a daily basis as part of the prioritization of essential workers .\nInside Canada\nAll applications should be received electronically, where possible.\nIf the applicant is exempt from submitting their application electronically, the application can be submitted on paper.\nEmployers who hire multiple temporary foreign workers should include all complete application packages in one mailing package with the label “Seasonal fish plant workers” and mail it to the following address:\nCase Processing Centre in Edmonton\nImmigration, Refugees and Citizenship Canada\nc/o Seasonal Fish Plant Workers, Station 999\n55-9700 Jasper Avenue Northwest\nEdmonton, AB T5J 4C3\nThis ensures that the Case Processing Centre in Edmonton (CPC-E) can easily identify eligible applications\nPort of entry\nOnly visa-exempt foreign nationals may apply when entering Canada at the port of entry.\nWhile applications are made verbally to a border services officer, applicants are required to have a positive LMIA prior to arrival and be in possession of all supporting documents specified in the Documentary evidence .\nMost foreign nationals who already have temporary resident status in Canada are no longer eligible to apply for a work permit at a port of entry. For more information on who can apply for a work permit at a port of entry, consult Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP): Persons who may apply at a port of entry .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Method of receipt of application", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/seafood-processing.html" + }, + { + "id": "pdi-tr-63-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Seafood and fish plant workers (low-wage cap exempt) – Tempo — Work permit issuance in the Global Case Management System (G", + "marginal_note": "Work permit issuance in the Global Case Management System (GCMS)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Information in the LMIA copy from clients must match the information found in the Employment Details tab – LMIA view of the Global Case Management System (GCMS). Officers must always refresh the screen to view LMIA information.\nField\nSelection or input\nCase type\n53\nProvince of destination\nThe province of destination is uploaded automatically from the work permit application form. Offices should ensure that it matches the location of employment in the LMIA view.\nCity of destination\nThe city of destination is uploaded automatically from the work permit application form. Offices should ensure that it matches the location of employment in the LMIA view.\nNOC\nManually enter the NOC from the Employment Details – LMIA tab.\nIntended occupation\nThe job title is uploaded automatically from the work permit application form. Officers should ensure that it matches the job title in the Employment Details – LMIA tab.\nLMIA/LMIA-exempt number\nThe LMIA number is uploaded from the application form or manually from the LMIA approval letter provided by the applicant.\nEmployer\nAs stated in the LMIA\nDuration\nWork permits cannot exceed the duration of employment stated in the LMIA.\nOfficers must also check the ESDC Comments field for any specific dates for the period of employment.\nUser remarks (Mandatory)\nAuthorized to work for maximum accumulated period of work not to exceed 270 days between MM-DD-20XX and MM-DD-20XX as per R185(b)(iv).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work permit issuance in the Global Case Management System (GCMS)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/seafood-processing.html" + }, + { + "id": "pdi-tr-64-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot (RCIP) [R205(a) – C15] – Public policies, spec", + "marginal_note": "Rural Community Immigration Pilot (RCIP) [R205(a) – C15] – Public policies, special initiatives and pilot projects – International Mobility Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Rural Community Immigration Pilot (RCIP) [R205(a) – C15] – Public policies, special initiatives and pilot projects – International Mobility Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rural-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-64-1-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot (RCIP) [R205(a) – C15] – P — Place and method of application", + "marginal_note": "Place and method of application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applications should be received electronically unless the applicant is exempt from the mandatory requirement to apply online.\nfor outside of Canada applicants – refer to the Ministerial Instructions with respect to the submission of online applications for temporary resident visas and other documents\nfor in-Canada applicants – refer to programs exempt from the in-Canada mandatory electronic application (e-application) requirement for temporary residents\nAlthough temporary resident visa-exempt foreign nationals may apply for a work permit under the International Mobility Program (IMP) work category at the port of entry , due to the complexity of the application and for reasons of client service and program consistency, foreign nationals should be encouraged to submit their work permit application online to IRCC under the administrative code C15.\nThe instructions on this page should be reviewed in conjunction with the following:\nEmployer-specific work permits – General processing – International Mobility Program\nConditions and validity period on work permits\nPublic list of employers who have been non-compliant\nThe Rural Community Immigration Pilot (RCIP) is a federal permanent resident pilot program established by Ministerial Instructions on December 1, 2024 . While this is a permanent resident pilot program, applicants may be eligible to obtain a work permit under the International Mobility Program while awaiting the processing of their permanent residence application.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Place and method of application (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rural-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-64-1-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot (RCIP) [R205(a) – C15] – P — Place and method of application", + "marginal_note": "Place and method of application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The department uses specific administrative codes to identify situations where it considers the work of a foreign national to create significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents, as described in paragraph 205(a) of the Immigration and Refugee Protection Regulations (IRPR). The factors provided for each code demonstrate how the situation may meet the requirements of paragraph R205(a). Officers must also always be satisfied that all the requirements of section R200 have been met.\nC15 is an administrative code created on November 19, 2019, for the previous Rural and Northern Immigration Pilot program, which ended on August 31, 2024. This code will continue to be used to describe the work of a foreign national entering or remaining in Canada before the finalization of their permanent residence application through the RCIP. This work may be considered to create significant economic or social benefits for the community of destination.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Place and method of application (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rural-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-64-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot (RCIP) [R205(a) – C15] – P — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Eligibility\nDocumentary evidence\nApplication assessment\nApplication for permanent residence\nOffer of employment for work permit\nDesignated economic organization recommendation\nWork permit renewals\nFinal decision\nApproval\nRefusals\nOpen work permits for spouses and common-law partners and family members", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rural-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-64-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot (RCIP) [R205(a) – C15] – P — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To be eligible for a work permit as a participant in the RCIP, applicants must meet the following eligibility requirements and provide the supporting documentary evidence at the time of application:\nhave a pending application for permanent residence (PR) in the RCIP program\napplicants applying from in-Canada only need to have submitted a PR application\napplicants applying from outside Canada must have passed the completeness check on their PR application\nhave an eligible offer of employment from a designated employer in the community\nhave a recommendation certificate from a designated economic development organization of a participating community\nhave submitted a work permit application online (inside or outside Canada)\nmeet the employment requirements as stated in the National Occupation Classification (NOC) of the occupation they are being offered", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rural-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-64-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot (RCIP) [R205(a) – C15] – P — Documentary evidence", + "marginal_note": "Documentary evidence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The applicant must provide evidence that proves they meet the considerations of administrative exemption code C15 and will be able to perform the work being sought, as stated in the IMP offer of employment. Further details on assessing the documentary evidence can be found in the section entitled Application assessment.\nWith the application for a work permit, officers should be satisfied that they have the following documentary evidence to make an assessment:\nproof of an existing RCIP application for permanent residence (APR)\nfor applications submitted outside Canada :\nacknowledgement of receipt (AOR) from the principal foreign national showing that their APR has been received by the department\nfor applications submitted in Canada :\nproof that the applicant has submitted their APR through the RCIP, such as\na copy of the AOR, or\na copy of the email confirming that the APR was submitted in the online portal and proof of payment of the application fees, or\nconfirmation in the IRCC system that an APR was received and is still pending (includes prospective applications)\nrecommendation from the Designated Economic Development Organization – Rural Community Immigration Pilot form [IMM 0249]\nan offer of employment number from an IMP offer of employment submitted in the Employer Portal (or an alternate submission , if it was approved and proof the employer has paid the employer compliance fee)\nthe Offer of Employment to a Foreign National for the Rural Community Immigration Pilot [IMM 0247] form\nthe information in the offer of employment should match the information provided in the IMM0247\nevidence that the applicant meets the employment requirements of the occupation they are being offered according to the NOC, for example, proof of education, experience or any additional training required.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documentary evidence", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rural-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-64-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot (RCIP) [R205(a) – C15] – P — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The following sections provide detailed explanations of which documents officers should accept as evidence and what they should review.\nApplication for permanent residence\nFor work permit applications submitted outside of Canada , in order to confirm that the APR has been submitted and that it has passed the completeness check, officers should verify that the following has been received:\nthe AOR letter from the application for permanent residence through the RCIP\nFor work permit applications submitted within Canada , the AOR is not necessarily required. The applicant only needs proof that they have submitted their APR through the RCIP.\nOffer of employment for work permit\nThe employer must submit an offer of employment in the Employer Portal, as per section R209.11 , before a work permit application is made.\nThe information in the offer of employment should match the information provided in the Offer of Employment to a Foreign National for the Rural Community Immigration Pilot [IMM 0247] submitted with the permanent residence application.\nNote: Officers processing the work permit application can find the information from the IMM 0247 form on the permanent residence application screen, under the Eligibility view tab or the Job offer sub-tab, or the form should be uploaded in eDocs.\nWhen assessing the work permit application, officers should review the following fields under the Employment details tab in the Global Case Management System (GCMS) for information provided by the employer:\nField\nConsiderations\nLMIA exemption code and title\nThe employer is required to select this from a drop-down list of values in the Employer Portal. This code cannot be changed on the offer of employment.\nEmployers should select C15 – Community Pilots .\nRequirements exemptions met", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rural-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-64-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot (RCIP) [R205(a) – C15] – P — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Information in this field should indicate that there is a recommendation from the designated economic development organization of the participating community that indicates that the job offer is genuine, that the NOC category is appropriate, and that the temporary worker has submitted their permanent residence application.\nThis should not be a cut and paste from IRCC’s website.\nIf the employer indicates only “See attached,” there should be a document uploaded to GCMS in the Organization and Entities screen tab, under the Offer of employment view tab, Attachments view.\nNOC and job title\nThe designated employer selects the NOC code that aligns with the duties of the job.\nWorker information fields\nThe passport number and citizenship in the Worker information fields in the Employment details tab must be identical to those in the Clients & Parties tab.\nAddress list\nThe Address list sub-view provides the physical location of the employment. This location must be within the boundaries of the community of the designated economic organization.\nIf there are multiple job locations, select the principal and add others in the remarks section of the work permit.\nNote : While some duties may sometimes be performed outside the community boundaries, the primary location of employment should be within the community. Each application is considered on its own merits, with a final decision based on a review of all the information available to the officer at the time of the decision.\nDuties\nThe duties are the activities that the foreign national will be performing.\nDo they make sense for the occupation and TEER category?\nNote: Applicants must demonstrate all of the following:\nThey are able to perform these duties.\nThey are likely to accept and carry out the employment.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rural-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-64-5-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot (RCIP) [R205(a) – C15] – P — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "They meet the relevant employment requirements of the occupation as set out in the NOC.\nFailure to do so may result in a refusal.\nHours of work\nThe offer must be for non-seasonal, indeterminate employment.\nWages\nThe wages being offered must fall within or exceed the wage range for that particular occupation as set out in the Job Bank of Employment and Social Development Canada (ESDC).\nIt is not always possible to determine occupational wages for all provinces, territories and economic regions in the Job Bank.\nIf the regional wage is unavailable, the employer may offer\nthe wage from a region in the same province that has similar characteristics\nthe provincial rate\nthe national rate\nOther training required\nThe employer may indicate specialty training as a requirement.\nDesignated economic organization recommendation\nThe recommendation form is the Recommendation from the Designated Economic Development Organization for the Rural Community Immigration Pilot [IMM 0249].\nThe participating communities for the RCIP can be found here:\nParticipating communities – Applications locked in on or after January 30, 2025\nApplicants under the RCIP must include the IMM 0249 form with their work permit application. The applicant can include either a copy of the recommendation form with a handwritten signature or a copy of the electronically signed recommendation form with their application.\nThe IMM 0249 form is valid for a period of 6 months from the date it is issued. The permanent residence application must be submitted within this validity period. The IMM 0249 form does not have to be valid when the applicant submits the work permit application, but it must not have been revoked.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rural-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-64-5-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot (RCIP) [R205(a) – C15] – P — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The IMM 0249 form may be revoked by the economic development organization, or the economic development organization may be removed from the schedule. In those cases, the recommendation is invalid beginning on the day of revocation or removal.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rural-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-64-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot (RCIP) [R205(a) – C15] – P — Work permit renewals", + "marginal_note": "Work permit renewals", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "RCIP participants who require additional time in Canada while their application for permanent residence is being processed may apply to renew their work permit as long as the permanent residence application remains in process (has not been refused, withdrawn or rejected). While an applicant’s first WP issued under the RCIP should be issued to a maximum of 2 years, subsequent renewals should be issued for a maximum of 1 year.\nFor a renewal under R205(a) – C15, they will first need their employer to submit an updated offer of employment (including the employer compliance fee) in the Employer Portal. The applicant will then need to apply to extend their work permit and provide the new offer of employment number as well as evidence that they meet the employment requirements of the job.\nNote that applicants under the RCIP are not eligible for a bridging open work permit . This is because their permanent residence application is tied to a specific job in their designated community.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work permit renewals", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rural-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-64-7-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot (RCIP) [R205(a) – C15] – P — Final decision", + "marginal_note": "Final decision", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Approval\nIf an officer is satisfied that the applicant is eligible for this specific category and has met all the other requirements of section R200, then the officer should confirm or enter the following information in these specific fields of the Application screen:\nField\nSelection or input\nCase type\n52 when the offer of employment was submitted through the Employer Portal and an “A” number exists.\n20 only when authorized to submit the IMM 5802 form as noted in the Client notes.\nProvince of destination\nProvince of the sponsoring community\nThe province of destination entered by the applicant should match the address of employment in the IMP offer of employment. This information is under the Employment details – LMIA-exempt tab.\nCity of destination\nName of the designated community\nThe city of destination entered by the applicant should match the address of employment in the IMP offer of employment. This information is under the Employment details – LMIA-exempt tab.\nExemption code\nC15\nThis administrative code will auto-populate when matched with the offer from the Employer Portal.\nNOC\nThe NOC code will auto-populate when matched with the IMP offer of employment submitted in the Employer Portal.\nIntended occupation\nJob title\nThe job title will auto-populate when matched with the offer from the Employer Portal.\nLMIA/LMIA-exempt #\n“A” number from the work permit application.\nThis number is populated from the work permit application and is used to find a matching offer of employment in the Employer Portal.\nIf the work permit application was submitted on paper, the officer must manually enter the number.\nDuration\nFirst permit under the RCIP: 2 years or validity of passport, whichever is first\nSubsequent RCIP WP renewals: 1 year\nNote:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Final decision (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rural-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-64-7-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot (RCIP) [R205(a) – C15] – P — Final decision", + "marginal_note": "Final decision", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Port of entry: Please issue for 24 months from the date of entry into Canada or until the expiry of the travel document, whichever comes first.\nFees\nWork permit processing fee – $155\nBiometrics\nWork permit applicants are required to provide biometric information and pay the biometric fee – $85\nThe regular biometric exemptions apply (for example, under 14 or 1 in 10 rule).\nRefusals\nIf an officer is not satisfied that the applicant has met the requirements of section R200, including the assessment under paragraph R205(a), they must record their reasons and outline the rationale for their decision as well as the facts and elements considered. They must also provide an explanation for the decision in a case note.\nRefusal reasons should clearly indicate which criteria or what requirement of section R200 was not met and explain how the officer reached that conclusion. For assistance, officers can follow the steps in Decision making: Standard of review and process for making a reasonable decision .\nExample of a decision note: The applicant did not provide a copy of the recommendation form from a designated economic development organization. This form must be provided for the applicant to be eligible for this category. Because the criteria has not been met, I am not satisfied that this applicant’s work would bring the significant benefit of attracting and retaining skilled immigrants to rural communities and ensuring these immigrants are able to work and contribute to their community while transitioning to permanent residence.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Final decision (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rural-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-64-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot (RCIP) [R205(a) – C15] – P — Open work permits for spouses and common-law partners and fa", + "marginal_note": "Open work permits for spouses and common-law partners and family members", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers may issue an open work permit to the spouse or common-law partner of an RCIP applicant, with a location restriction to the community where the principal applicant works. See [C17] General eligibility for spouses or common-law partners of RCIP participants for further information.\nDependent children are eligible for an open work permit under subparagraph R205(c)(ii) [administrative code C49] .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Open work permits for spouses and common-law partners and family members", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rural-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-65-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Community Immigration Pilot (FCIP) [R205(a) – C15] – Public policies", + "marginal_note": "Francophone Community Immigration Pilot (FCIP) [R205(a) – C15] – Public policies, special initiatives and pilot projects – International Mobility Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Francophone Community Immigration Pilot (FCIP) [R205(a) – C15] – Public policies, special initiatives and pilot projects – International Mobility Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/francophone-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-65-1-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Community Immigration Pilot (FCIP) [R205(a) – C1 — Place and method of application", + "marginal_note": "Place and method of application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applications should be received electronically unless the applicant is exempt from the mandatory requirement to apply online.\nfor outside of Canada applicants – refer to the Ministerial Instructions with respect to the submission of online applications for temporary resident visas and other documents\nfor in-Canada applicants – refer to programs exempt from the in-Canada mandatory electronic application (e-application) requirement for temporary residents\nAlthough temporary resident visa-exempt foreign nationals may apply for a work permit under the International Mobility Program (IMP) work category at the port of entry , due to the complexity of the application and for reasons of client service and program consistency, foreign nationals should be encouraged to submit their work permit application online to IRCC under the administrative code C15.\nThe instructions on this page should be reviewed in conjunction with the following:\nEmployer-specific work permits – General processing – International Mobility Program\nConditions and validity period on work permits\nPublic list of employers who have been non-compliant\nThe Francophone Community Immigration Pilot (FCIP) is a federal permanent resident pilot program established by Ministerial Instructions on December 1, 2024 . While this is a permanent resident pilot program, applicants may be eligible to obtain a work permit under the International Mobility Program while awaiting the processing of their permanent residence application.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Place and method of application (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/francophone-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-65-1-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Community Immigration Pilot (FCIP) [R205(a) – C1 — Place and method of application", + "marginal_note": "Place and method of application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The department uses specific administrative codes to identify situations where it considers the work of a foreign national to create significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents, as described in paragraph 205(a) of the Immigration and Refugee Protection Regulations (IRPR). The factors provided for each code demonstrate how the situation may meet the requirements of paragraph R205(a). Officers must also always be satisfied that all the requirements of section R200 have been met.\nC15 is an administrative code created on November 19, 2019, for the previous Rural and Northern Immigration Pilot program, which ended on August 31, 2024. This code will continue to be used to describe the work of a foreign national entering or remaining in Canada before the finalization of their permanent residence application through the FCIP. This work may be considered to create significant economic or social benefits for the community of destination.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Place and method of application (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/francophone-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-65-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Community Immigration Pilot (FCIP) [R205(a) – C1 — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Eligibility\nDocumentary evidence\nApplication assessment\nApplication for permanent residence\nOffer of employment for work permit\nDesignated economic organization recommendation\nWork permit renewals\nFinal decision\nApproval\nRefusals\nOpen work permits for spouses and common-law partners and family members", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/francophone-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-65-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Community Immigration Pilot (FCIP) [R205(a) – C1 — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To be eligible for a work permit as a participant in the FCIP, applicants must meet the following eligibility requirements and provide the supporting documentary evidence at the time of application:\nhave a pending application for permanent residence (PR) in the FCIP program\napplicants applying from in-Canada only need to have submitted a PR application\napplicants applying from outside Canada must have passed the completeness check on their PR application\nhave an eligible offer of employment from a designated employer in the community\nhave a recommendation certificate from a designated economic development organization of a participating community\nhave submitted a work permit application online (inside or outside Canada)\nmeet the employment requirements as stated in the National Occupation Classification (NOC) of the occupation they are being offered", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/francophone-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-65-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Community Immigration Pilot (FCIP) [R205(a) – C1 — Documentary evidence", + "marginal_note": "Documentary evidence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The applicant must provide evidence that proves they meet the considerations of administrative exemption code C15 and will be able to perform the work being sought, as stated in the IMP offer of employment. Further details on assessing the documentary evidence can be found in the section entitled Application assessment.\nWith the application for a work permit, officers should be satisfied that they have the following documentary evidence to make an assessment:\nproof of an existing FCIP application for permanent residence (APR)\nfor applications submitted outside Canada :\nacknowledgement of receipt (AOR) from the principal foreign national showing that their APR has been received by the department\nfor applications submitted in Canada :\nproof that the applicant has submitted their APR through the FCIP, such as\na copy of the AOR, or\na copy of the email confirming that the APR was submitted in the online portal and proof of payment of the application fees, or\nconfirmation in the IRCC system that an APR was received and is still pending (includes prospective applications)\nrecommendation from the Designated Economic Development Organization – Francophone Community Immigration Pilot form [IMM 0253]\nan offer of employment number from an IMP offer of employment submitted in the Employer Portal (or an alternate submission , if it was approved and proof the employer has paid the employer compliance fee)\nthe Offer of Employment to a Foreign National for the Francophone Community Immigration Pilot [IMM 0251] form\nthe information in the offer of employment should match the information provided in the IMM0251\nevidence that the applicant meets the employment requirements of the occupation they are being offered according to the NOC, for example, proof of education, experience or any additional training required.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documentary evidence", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/francophone-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-65-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Community Immigration Pilot (FCIP) [R205(a) – C1 — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The following sections provide detailed explanations of which documents officers should accept as evidence and what they should review.\nApplication for permanent residence\nFor work permit applications submitted outside of Canada , in order to confirm that the APR has been submitted and that it has passed the completeness check, officers should verify that the following has been received:\nthe AOR letter from the application for permanent residence through the FCIP\nFor work permit applications submitted within Canada , the AOR is not necessarily required. The applicant only needs proof that they have submitted their APR through the FCIP.\nOffer of employment for work permit\nThe employer must submit an offer of employment in the Employer Portal, as per section R209.11 , before a work permit application is made.\nThe information in the offer of employment should match the information provided in the Offer of Employment to a Foreign National for the Francophone Community Immigration Pilot [IMM 0251] submitted with the permanent residence application.\nNote: Officers processing the work permit application can find the information from the IMM 0251 form on the permanent residence application screen, under the Eligibility view tab or the Job offer sub-tab, or the form should be uploaded in eDocs.\nWhen assessing the work permit application, officers should review the following fields under the Employment details tab in the Global Case Management System (GCMS) for information provided by the employer:\nField\nConsiderations\nLMIA exemption code and title\nThe employer is required to select this from a drop-down list of values in the Employer Portal. This code cannot be changed on the offer of employment.\nEmployers should select C15 – Community Pilots .\nRequirements exemptions met", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/francophone-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-65-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Community Immigration Pilot (FCIP) [R205(a) – C1 — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Information in this field should indicate that there is a recommendation from the designated economic development organization of the participating community that indicates that the job offer is genuine, that the NOC category is appropriate, and that the temporary worker has submitted their permanent residence application.\nThis should not be a cut and paste from IRCC’s website.\nIf the employer indicates only “See attached,” there should be a document uploaded to GCMS in the Organization and Entities screen tab, under the Offer of employment view tab, Attachments view.\nNOC and job title\nThe designated employer selects the NOC code that aligns with the duties of the job.\nWorker information fields\nThe passport number and citizenship in the Worker information fields in the Employment details tab must be identical to those in the Clients & Parties tab.\nAddress list\nThe Address list sub-view provides the physical location of the employment. This location must be within the boundaries of the community of the designated economic organization.\nIf there are multiple job locations, select the principal and add others in the remarks section of the work permit.\nNote : While some duties may sometimes be performed outside the community boundaries, the primary location of employment should be within the community. Each application is considered on its own merits, with a final decision based on a review of all the information available to the officer at the time of the decision.\nDuties\nThe duties are the activities that the foreign national will be performing.\nDo they make sense for the occupation and TEER category?\nNote: Applicants must demonstrate all of the following:\nThey are able to perform these duties.\nThey are likely to accept and carry out the employment.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/francophone-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-65-5-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Community Immigration Pilot (FCIP) [R205(a) – C1 — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "They meet the relevant employment requirements of the occupation as set out in the NOC.\nFailure to do so may result in a refusal.\nHours of work\nThe offer must be for non-seasonal, indeterminate employment.\nWages\nThe wages being offered must fall within or exceed the wage range for that particular occupation as set out in the Job Bank of Employment and Social Development Canada (ESDC).\nIt is not always possible to determine occupational wages for all provinces, territories and economic regions in the Job Bank.\nIf the regional wage is unavailable, the employer may offer\nthe wage from a region in the same province that has similar characteristics\nthe provincial rate\nthe national rate\nOther training required\nThe employer may indicate specialty training as a requirement.\nDesignated economic organization recommendation\nThe recommendation form is the Recommendation from the Designated Economic Development Organization for the Francophone Community Immigration Pilot [IMM 0253].\nThe participating communities for the FCIP can be found here:\nParticipating communities – Applications locked in on or after January 30, 2025\nApplicants under the FCIP must include the IMM 0253 form with their work permit application. The applicant can include either a copy of the recommendation form with a handwritten signature or a copy of the electronically signed recommendation form with their application.\nThe IMM 0253 form is valid for a period of 6 months from the date it is issued. The permanent residence application must be submitted within this validity period. The IMM 0253 form does not have to be valid when the applicant submits the work permit application, but it must not have been revoked.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/francophone-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-65-5-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Community Immigration Pilot (FCIP) [R205(a) – C1 — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The IMM 0253 form may be revoked by the economic development organization, or the economic development organization may be removed from the schedule. In those cases, the recommendation is invalid beginning on the day of revocation or removal.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/francophone-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-65-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Community Immigration Pilot (FCIP) [R205(a) – C1 — Work permit renewals", + "marginal_note": "Work permit renewals", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "FCIP participants who require additional time in Canada while their application for permanent residence is being processed may apply to renew their work permit as long as the permanent residence application remains in process (has not been refused, withdrawn or rejected). While an applicant’s first WP issued under the FCIP should be issued to a maximum of 2 years, subsequent renewals should be issued for a maximum of 1 year.\nFor a renewal under R205(a) – C15, they will first need their employer to submit an updated offer of employment (including the employer compliance fee) in the Employer Portal. The applicant will then need to apply to extend their work permit and provide the new offer of employment number as well as evidence that they meet the employment requirements of the job.\nNote that applicants under the FCIP are not eligible for a bridging open work permit . This is because their permanent residence application is tied to a specific job in their designated community.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work permit renewals", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/francophone-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-65-7-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Community Immigration Pilot (FCIP) [R205(a) – C1 — Final decision", + "marginal_note": "Final decision", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Approval\nIf an officer is satisfied that the applicant is eligible for this specific category and has met all the other requirements of section R200, then the officer should confirm or enter the following information in these specific fields of the Application screen:\nField\nSelection or input\nCase type\n52 when the offer of employment was submitted through the Employer Portal and an “A” number exists.\n20 only when authorized to submit the IMM 5802 form as noted in the Client notes.\nProvince of destination\nProvince of the sponsoring community\nThe province of destination entered by the applicant should match the address of employment in the IMP offer of employment. This information is under the Employment details – LMIA-exempt tab.\nCity of destination\nName of the designated community\nThe city of destination entered by the applicant should match the address of employment in the IMP offer of employment. This information is under the Employment details – LMIA-exempt tab.\nExemption code\nC15\nThis administrative code will auto-populate when matched with the offer from the Employer Portal.\nNOC\nThe NOC code will auto-populate when matched with the IMP offer of employment submitted in the Employer Portal.\nIntended occupation\nJob title\nThe job title will auto-populate when matched with the offer from the Employer Portal.\nLMIA/LMIA-exempt #\n“A” number from the work permit application.\nThis number is populated from the work permit application and is used to find a matching offer of employment in the Employer Portal.\nIf the work permit application was submitted on paper, the officer must manually enter the number.\nDuration\nFirst permit under the FCIP: 2 years or validity of passport, whichever is first\nSubsequent FCIP WP renewals: 1 year\nNote:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Final decision (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/francophone-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-65-7-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Community Immigration Pilot (FCIP) [R205(a) – C1 — Final decision", + "marginal_note": "Final decision", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Port of entry: Please issue for 24 months from the date of entry into Canada or until the expiry of the travel document, whichever comes first.\nFees\nWork permit processing fee – $155\nBiometrics\nWork permit applicants are required to provide biometric information and pay the biometric fee – $85\nThe regular biometric exemptions apply (for example, under 14 or 1 in 10 rule).\nRefusals\nIf an officer is not satisfied that the applicant has met the requirements of section R200, including the assessment under paragraph R205(a), they must record their reasons and outline the rationale for their decision as well as the facts and elements considered. They must also provide an explanation for the decision in a case note.\nRefusal reasons should clearly indicate which criteria or what requirement of section R200 was not met and explain how the officer reached that conclusion. For assistance, officers can follow the steps in Decision making: Standard of review and process for making a reasonable decision .\nExample of a decision note: The applicant did not provide a copy of the recommendation form from a designated economic development organization. This form must be provided for the applicant to be eligible for this category. Because the criteria has not been met, I am not satisfied that this applicant’s work would bring the significant benefit of attracting and retaining skilled immigrants to Francophone communities and ensuring these immigrants are able to work and contribute to their community while transitioning to permanent residence.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Final decision (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/francophone-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-65-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Community Immigration Pilot (FCIP) [R205(a) – C1 — Open work permits for spouses and common-law partners and fa", + "marginal_note": "Open work permits for spouses and common-law partners and family members", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers may issue an open work permit to the spouse or common-law partner of an FCIP applicant, with a location restriction to the community where the principal applicant works. See [C17] General eligibility for spouses or common-law partners of FCIP participants for further information.\nDependent children are eligible for an open work permit under subparagraph R205(c)(ii) [administrative code C49] .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Open work permits for spouses and common-law partners and family members", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/francophone-community-immigration-c15-imp.html" + }, + { + "id": "pdi-tr-66-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot and Francophone Community Immigration Pilot – ", + "marginal_note": "Rural Community Immigration Pilot and Francophone Community Immigration Pilot – Spouses [R205(a) – C17] – Public policies, special initiatives and pilot projects – International Mobility Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Rural Community Immigration Pilot and Francophone Community Immigration Pilot – Spouses [R205(a) – C17] – Public policies, special initiatives and pilot projects – International Mobility Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rcip-fcip-spouse-c17.html" + }, + { + "id": "pdi-tr-66-1-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot and Francophone Community — Place and method of application", + "marginal_note": "Place and method of application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applications should be received electronically unless the applicant is exempt from the mandatory requirement to apply online.\nfor outside of Canada applicants – refer to the  Ministerial Instructions  with respect to the submission of online applications for temporary resident visas and other documents\nfor in-Canada applicants – refer to  programs exempt from the in-Canada mandatory electronic application (e-application) requirement for temporary residents\nAlthough temporary resident visa-exempt foreign nationals may apply for a work permit under the International Mobility Program work category at the port of entry , due to the complexity of the application and for reasons of client service and program consistency, foreign nationals should be encouraged to submit their work permit application online to IRCC under the administrative code C17. \nThe instructions on this page should be reviewed in conjunction with the following:\nOpen work permit – General processing and issuance – International Mobility Program\nConditions and validity period on work permits\nThe Rural Community Immigration Pilot (RCIP) and the Francophone Community Immigration Pilot (FCIP) are federal permanent resident pilot programs established by Ministerial Instructions on December 1, 2024. While these are permanent resident pilot programs, the spouses and common-law partners of principal applicants may be eligible to obtain a work permit under the International Mobility Program while awaiting the processing of their permanent resident application.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Place and method of application (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rcip-fcip-spouse-c17.html" + }, + { + "id": "pdi-tr-66-1-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot and Francophone Community — Place and method of application", + "marginal_note": "Place and method of application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The department uses specific administrative codes to identify certain situations where it considers the work of a foreign national to create significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents, as described in paragraph 205(a) of the Immigration and Refugee Protection Regulations (IRPR). The factors provided for each code demonstrate how the situation may meet the requirements of paragraph R205(a). Officers must also always be satisfied that all requirements of section R200 are met.\nC17 is the administrative code created on November 19, 2019, for spousal work permits under the previous Rural and Northern Immigration Pilot program, which ended on August 31, 2024. This code will continue to be used to describe the work of certain foreign nationals, specifically the spouses and common-law partners of principal applicants under either the RCIP or the FCIP, who by entering or remaining in Canada prior to the finalization of their permanent resident application in either of these 2 programs may create significant economic or social benefits. ", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Place and method of application (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rcip-fcip-spouse-c17.html" + }, + { + "id": "pdi-tr-66-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot and Francophone Community — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Eligibility\nDocumentary evidence\nApplication assessment\nAcknowledgement of receipt\nGenuine relationship\nFinal decision\nApproval\nRefusals\nOpen work permits for dependent children", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rcip-fcip-spouse-c17.html" + }, + { + "id": "pdi-tr-66-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot and Francophone Community — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For the spouse/common-law partner of either an RCIP or an FCIP permanent resident applicant to be eligible under paragraph R205(a), administrative code C17, the principal foreign national must,  at the time of decision  on the spousal application, meet all of the following requirements.\nThe principal foreign national must\nhave submitted an application for permanent residence as the principal applicant under either the RCIP or FCIP program\nhave passed the completeness check on their permanent resident application\nhave included their spouse/common-law partner in their application for permanent residence\nhave an eligible offer of employment from a designated employer in the community\nhave a recommendation certificate from a designated economic development organization of a  participating community\nhave submitted a work permit application online (inside or outside Canada)\nmeet the  employment requirements  as stated in the National Occupation Classification (NOC) of the occupation they are being offered", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rcip-fcip-spouse-c17.html" + }, + { + "id": "pdi-tr-66-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot and Francophone Community — Documentary evidence", + "marginal_note": "Documentary evidence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "With the application for a spousal work permit, officers should be satisfied that they have the following documentary evidence to make an assessment:\nIf applying from within Canada, a completed  Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker form [IMM 5710] , or if applying from outside of Canada, a complete Application for a Work Permit Made Outside of Canada [IMM 1295]\nStatutory Declaration of Common-law Union [IMM 5409] , if applicable\nUse of a Representative [IMM 5476] , if applicable\nAuthority to Release Personal Information to a Designated Individual [IMM 5475] , if applicable\nDocument Checklist: Worker (in Canada Applicant) [IMM 5556]\nPayment of the  work permit processing fee and the open work permit holder fee\nProof showing that the principal foreign national’s application for permanent residence has been received by the department (see Acknowledgment of receipt below)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documentary evidence", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rcip-fcip-spouse-c17.html" + }, + { + "id": "pdi-tr-66-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot and Francophone Community — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers must be satisfied that all eligibility requirements are met at the time of the decision on the principal foreign national’s work permit application.\nMandatory association to the principal foreign national:  The family member must be associated with the principal foreign national in the Global Case Management System (GCMS). Association should be completed on the Client screen and not just within the application.\nThe following sections provide detailed explanations of which documents officers should accept as evidence and what they should review.\nAcknowledgement of receipt\nIn order to confirm that the application for permanent residence has been submitted and that it has passed the completeness check, officers should verify that the following has been received:\nFor spousal/common-law work permit applications submitted outside Canada:\nif the principal foreign national has submitted their application for permanent residence overseas, the spouse/common-law partner needs to submit a copy of the acknowledgement of receipt showing that the principal foreign national application for permanent residence has been received by the department.\nIf the principal foreign national has submitted their application for permanent residence in Canada, the spouse/common-law partner needs to submit proof that the principal foreign national has submitted their application for permanent residence through either the FCIP or the RCIP, such as:\na copy of the acknowledgement of receipt\na copy of the email confirming that the application for permanent residence was submitted in the online portal and proof of payment of the application fees\nconfirmation in the IRCC system that an application for permanent residence was received and is still pending", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rcip-fcip-spouse-c17.html" + }, + { + "id": "pdi-tr-66-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot and Francophone Community — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For spousal/common-law work permit applications submitted in Canada:\nRegardless if the principal foreign national has submitted their application for permanent residence outside or inside Canada, the spouse/common-law partner needs to submit proof that the principal foreign national has submitted their application for permanent residence through either the FCIP or the RCIP, such as:\na copy of the acknowledgement of receipt\na copy of the email confirming that the application for permanent residence was submitted in the online portal and proof of payment of the application fees\nconfirmation in the IRCC system that an application for permanent residence was received and is still pending", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rcip-fcip-spouse-c17.html" + }, + { + "id": "pdi-tr-66-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot and Francophone Community — Genuine relationship", + "marginal_note": "Genuine relationship", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As per  section R4 , a foreign national shall not be considered a spouse or a common-law partner of a person if the marriage or common-law partnership\nwas entered into primarily for the purpose of acquiring any status or privilege under the Immigration and Refugee Protection Act (IRPA),  or\nis not genuine.\nIf officers have concerns as to the genuineness of the relationship, they may request further documentation or information to confirm that the relationship between the dependent spouse or common-law partner and the principal foreign national is genuine and is not a relationship of convenience.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Genuine relationship", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rcip-fcip-spouse-c17.html" + }, + { + "id": "pdi-tr-66-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot and Francophone Community — Final decision", + "marginal_note": "Final decision", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Approval\nIf an officer is satisfied that the applicant is eligible for this specific category and has met all the other requirements of section R200, then the officer should confirm or enter the following information in these specific fields of the Application screen:\nField\nSelection or input\nCase type\n20\nProvince of destination\nProvince of the sponsoring community\nThe province of destination entered by the applicant should match the address of employment in the principal foreign national’s labour market impact assessment (LMIA)-exempt offer of employment. This information is under the Employment Details – LMIA-exempt tab.\nCity of destination\nName of the designated community\nThe city of destination entered by the applicant should match the address of employment in the principal foreign national’s LMIA-exempt offer of employment. This information is under the Employment Details – LMIA-exempt tab .\nExemption code\nC17\nNOC\n99999 (generic code)\nIntended occupation\nOpen\nDuration\nThe validity of the spouse/common-law partner’s open work permit should match that of the principal applicant, up to a maximum of 2 years or until the expiry of the passport or travel document, whichever is earlier.\nNote:  \nPort of entry: Please issue for 24 months from the date of entry to Canada or until the expiry of the travel document, whichever comes first.\nFees\nWork permit processing fee – $155\nOpen work permit processing fee – $100\nBiometrics\nWork permit applicants are required to provide biometric information and pay the biometric fee – $85\nThe regular biometric exemptions apply (for example, under 14 or 1 in 10 rule).\nRefusals\nIf an officer is not satisfied that the applicant has met the requirements of section R200, including the assessment under paragraph R205(a), they must record their reasons and outline the rationale for their decision as well as the facts and elements considered. They must also provide an explanation for the decision in a case note.\nRefusal reasons should clearly indicate which criteria or what requirement of section R200 was not met and explain how the officer reached that conclusion. For assistance, officers can follow the steps in  Decision making: Standard of review and process for making a reasonable decision .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Final decision", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rcip-fcip-spouse-c17.html" + }, + { + "id": "pdi-tr-66-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Rural Community Immigration Pilot and Francophone Community — Open work permit for dependent children", + "marginal_note": "Open work permit for dependent children", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Dependent children are eligible for an open work permit under subparagraph R205(c)(ii) [administrative code C49] .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Open work permit for dependent children", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/rcip-fcip-spouse-c17.html" + }, + { + "id": "pdi-tr-67-0-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons", + "marginal_note": "Temporary measures for eligible Indigenous persons", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nIn these instructions, “officer” refers to employees of both Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA).\nThese measures came into effect on October 10, 2024.\nThese instructions are for IRCC officers to process applications received under the following measures (collectively referred to in these instructions as “the temporary measures”):\nTemporary public policy to exempt certain Indigenous persons and their family members from temporary residence requirements (“the public policy”)\nTemporary public policy to exempt certain Indigenous Persons and their family members from the requirement to pay fees for processing temporary residence applications and for the collection of biometric information (“the fees public policy”) \nMinisterial Instructions 78 (MI78) regarding the issuance of Temporary Resident Permits to certain Indigenous persons and their family members (“the MIs”)\nThese instructions are also for CBSA officers at the port of entry (POE) to issue documents approved under the temporary measures by IRCC before entry.\nThis cohort is eligible to apply for temporary resident documents, including open work permits and study permits valid for up to 3 years. The eligibility criteria and admissibility considerations covered by the temporary measures are unique, so officers should review these instructions carefully. Applications are processed on a priority basis.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary measures for eligible Indigenous persons (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-0-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons", + "marginal_note": "Temporary measures for eligible Indigenous persons", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As per the MIs, additional considerations must be taken into account when assessing requests, such as for temporary resident permits (TRPs) for eligible Indigenous persons, who may be issued a TRP with a validity of 6 months and up to 3 years.\nAll applicable eligibility and admissibility requirements not exempted under these measures must be met. If eligibility criteria specific to these measures are not met, clients may opt to apply under the regular streams for a temporary resident document.\nPort of entry (POE) : Indigenous persons and their family members are not eligible to apply for a temporary resident document under the temporary measures at the POE, with the exception of a family member who may seek admission as a visitor.\nOfficers can consider that even though they may be seeking entry to work or study, they may be admitted as a visitor in order to allow them to apply under the temporary measures from inside Canada.\nApplicant instructions: Temporary measures to reunite families of Indigenous people separated by Canada’s border", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary measures for eligible Indigenous persons (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Eligibility requirements for the temporary measures\nEligible Indigenous persons (main applicant)\nAnchor member of the family in Canada\nTypes of applications required to be eligible for the public policy\nApplications for the eligible Indigenous person\nApplications for eligible family members\nIndividuals seeking to enter under the temporary measures at the port of entry (POE)\nFamily members of an eligible Indigenous person\nAccompanying family members of an Indigenous person\nFamily members applying separately from the Indigenous person\nExemptions from certain conditions\nMinisterial Instructions for the issuance of temporary resident permits to certain Indigenous persons and their family members\nDocuments required to support applications made under the public policy and ministerial instructions\nProof of the main applicant’s Indigenous status\nProof of identity including U.S. citizenship\nProof of familial relationship to the anchor member of the family\nCustomary marriage and adoption\nProof that the anchor member of the family is a Canadian citizen permanent resident, or person registered under the Indian Act\nProof that the anchor member of the family is residing in Canada\nAdditional documents\nIncomplete applications\nIneligible applicants (ineligible for both the public policy and the Ministerial Instructions)\nApplication processing instructions\nEligibility\nInadmissibility\nGeneral Exemptions under the temporary measures\nWork permit processing\nStudy permit processing\nVisitor Record Processing\nTemporary Resident Visa (TRV) Processing\nDetermination of the TRV validity", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — Eligibility requirements for the temporary measures", + "marginal_note": "Eligibility requirements for the temporary measures", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In order to be eligible under these measures, the Indigenous person must\nbe an individual described in the section: Eligible Indigenous persons (main applicant) ; and\nhave an anchor member of their family described in the section: Anchor member of the family in Canada ; and\nhave submitted an application as described in the section: Types of applications required to be eligible for the public policy .\nEligible Indigenous persons (main applicant)\n“Eligible Indigenous persons” refers to individuals who meet the following criteria:\nThey are neither Canadian citizens, nor permanent residents nor persons registered under the Indian Act, and\nThey are born in the United States (U.S.) or are citizens of the U.S.; and\nThey belong to either one of the following:\nMembers of a Federally Recognized Tribe in the U.S ., as defined by the U.S. Federally Recognized Indian Tribe List Act(108 Stat. 4791, 4792); or\nCitizens of the Manitoba Métis Federation (MMF) (citizenship in MMF precludes being a member of a Federally Recognized Tribe in the U.S.)\nNote: Officers can review the above links for more information on recognized tribes, but note that these websites are available in English only and are provided solely for the convenience of users. The content of such websites is not under the control of IRCC and is not subject to the Official Languages Act (OLA).\nNote : Family members of eligible Indigenous persons may also apply under these temporary measures. See Family members of an eligible Indigenous person .\nAnchor member of the family in Canada\nAn anchor member of the family is a person who ties the main applicant to Canada. The anchor must be:\nresiding in Canada; and", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility requirements for the temporary measures (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — Eligibility requirements for the temporary measures", + "marginal_note": "Eligibility requirements for the temporary measures", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "a Canadian citizen, permanent resident, or person registered under the Indian Act, regardless of age.\nAn anchor may have any of the following relationships with the main applicant:\nspouse or common-law partner,\nchild (any age), stepchild, daughter-in-law, or son-in-law,\ngrandchild or great-grandchild,\nparent, step-parent, or parent-in-law,\ngrandparent or great-grandparent,\nsibling (including half-sibling) or step-sibling,\naunt or uncle,\nbrother or sister of their parent\nniece or nephew, or\nchild of their brother or sister.\nThe main applicant must provide proof that the anchor member of their family meets the residence and status requirements, as well as evidence to establish a familial relationship between themselves and the anchor.\nTypes of applications required to be eligible for the public policy\nApplications for the eligible Indigenous person\nIn addition to the above, the eligible Indigenous person must have applied under the following categories using the prescribed form ( Application for a temporary resident document under the public policy for certain indigenous persons (IMM 0800) ):\na work permit under section 200 of the Immigration and Refugee Protection Regulations (IRPR) either before or after entry to Canada, or a work permit renewal under subsection R201(1) after entry to Canada, where the duration of the work permit requested is for a maximum of 3 years (parts 1 and 4 of the public policy );\na study permit under section R216 either before or after entry to Canada, or a renewal of their study permit under subsection R217(1) , either before or after entry to Canada ( parts 2 and 5 of the public policy );", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility requirements for the temporary measures (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — Eligibility requirements for the temporary measures", + "marginal_note": "Eligibility requirements for the temporary measures", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "an extension of temporary resident status from within Canada under subsection R181(1) ; or a restoration of temporary resident status from within Canada under subsection R182(1) ( part 6 of the public policy ).\nApplications for eligible family members\nFamily members (as defined under subsection R1(3) ) are eligible under the special measures as per parts 7 through 9 of the public policy, if they apply for any of the following using the prescribed form ( IMM 0800E ):\na temporary resident visa before entry to Canada under section R179 ( part 7 of the public policy ), if applicable;\na work permit under section R200 either before or after entry to Canada, or a work permit renewal under subsection 201(1) either before or after entry to Canada, where the duration of the work permit requested is for a maximum of 3 years ( parts 7 and 9 of the public policy );\na study permit under section R216 either before or after entry to Canada or a renewal of their study permit under subsection R217(1) either before or after entry to Canada ( parts 7 and 9 of the public policy );\nan extension of temporary resident status from in Canada, under subsection R181(1) ( part 9 of the public policy ); or\na restoration of temporary resident status from in Canada, under subsection R182(1), if applicable ( part 9 of the public policy ).\nEligible family members may apply either as accompanying family members on the main applicant’s application, or they may submit their own application to join the main applicant at a later time. If a family member is applying at a later time, the main applicant must have already submitted an application under these temporary measures.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility requirements for the temporary measures (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-2-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — Eligibility requirements for the temporary measures", + "marginal_note": "Eligibility requirements for the temporary measures", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Individuals seeking to enter under the temporary measures at the port of entry (POE)\nEligible Indigenous persons seeking to enter Canada under the temporary measures at the POE as a worker or student ( part 3 of the public policy ) may do so only if: \nthey have already applied and been approved for a work permit under section R200 or a study permit under section R216 following facilitation under part 1 or 2 of the public policy ; or\nthey have applied and been approved for a temporary resident permit ( as per the MIs ).\nEligible family members seeking to enter Canada under the temporary measures at the POE ( part 8 of the public policy ) may do so only: \nas a worker or student after having already applied and been approved for a work permit under section R200, or a study permit under section R216, following facilitation under part 7 of the public policy ;  or\nas a visitor\nAs part of the requirements for eligibility under the public policy, applications must be made before entry to Canada, or after entry to Canada, with the exception of eligible family members seeking to enter Canada under the temporary measures as a visitor. As such, all other applications received at the POE will not benefit from the exemptions applicable under the public policy and are subject to standard processing, including regular processing fees.\nIf an Indigenous person or their family members have applied for or provide confirmation that they want the officer to consider issuance of a temporary resident permit to overcome an inadmissibility, the temporary resident permit is fee exempt.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility requirements for the temporary measures (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — Family members of an eligible Indigenous person", + "marginal_note": "Family members of an eligible Indigenous person", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Family members (as defined under subsection R1(3) ) of an eligible Indigenous person (main applicant) may also apply for temporary residence under this public policy, either as accompanying family members or applying independently after the Indigenous person, if it is established that:\nthe family member of the Indigenous person (main applicant) meets the definition of a family member as per subsection R1(3);\nthe main applicant has included their eligible family members as accompanying family members, as part of the application they submitted under this policy, or has already submitted an application under this policy if the eligible family member is joining them later;\nthe main applicant is a citizen of the U.S. or was born in the U.S.; and\nthe main applicant is described under the section Eligible Indigenous persons (main applicant) .\nFamily members of eligible Indigenous persons are not required to have Indigenous ancestry and are eligible regardless of nationality. Eligible family members may apply for an open work permit, study permit, visitor status in Canada or a TRP (if required).\nFamily members who are not U.S. citizens or permanent residents of the U.S. may require a temporary resident visa (TRV) or electronic travel authorization (eTA) to travel to Canada.\nThe steps to obtain a TRV or eTA depend on the type of application:\nFamily members who require a TRV and apply for a work or study permit will be issued a TRV as part of an approved application. The officer must request their passport in order to affix the counterfoil.\nFamily members who require a TRV but do not apply for a work or study permit may apply for a TRV under the public policy.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Family members of an eligible Indigenous person (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — Family members of an eligible Indigenous person", + "marginal_note": "Family members of an eligible Indigenous person", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For visa-exempt family members, if required, an eTA will be automatically issued as part of an approved application for a work or study permit.\nFamily members who require an eTA and do not apply for a work or study permit should apply for an eTA through the usual route, which is subject to a $7 fee.\nAccompanying family members of an Indigenous person\nFamily members must be included on the main applicant’s application for temporary resident processing under these temporary measures as accompanying family members. Only one application form (IMM 0800) is required for the family group (Indigenous person and their accompanying family members) if they are applying together.\nThe section “ Information about your family members (both accompanying and non-accompanying )” of the form must be completed for each accompanying family member and proof of relationship to the main applicant must be provided. All accompanying family members over 18 must also each complete the “ Background information ” section.\nFamily members applying separately from the Indigenous person\nFamily members of an eligible Indigenous person may apply separately, but are required to complete a new IMM 0800 and must provide information for the Indigenous person including proof of their relationship to the Indigenous person. The Indigenous person must have previously submitted an application for temporary residence and have met eligibility requirements under the public policy in order for their family members to be eligible for processing under these temporary measures.\nTo be eligible for processing under this public policy, the family member must establish the following:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Family members of an eligible Indigenous person (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — Family members of an eligible Indigenous person", + "marginal_note": "Family members of an eligible Indigenous person", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Proof that the Indigenous person (main applicant) has previously applied for temporary residence under this public policy. Examples include:\na letter from IRCC indicating a positive final decision on their application\na copy of the immigration document that was issued to the Indigenous person\nif the application is still under review, proof that an application was submitted to IRCC (proof of mailing etc.)\nname and date of birth of the Indigenous person (main applicant). If the name and date of birth are provided, officers must do an Integrated Search in GCMS to locate the main applicant’s client history\nEvidence that the main applicant meets the requirements for processing under this public policy as an Indigenous person if their application has not been finalized\nProof of familial relationship to the main applicant", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Family members of an eligible Indigenous person (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — Exemptions from certain conditions", + "marginal_note": "Exemptions from certain conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Temporary residents are usually subject to various conditions, such as the length of their stay in Canada ( section R183 ); however, the public policy exempts eligible Indigenous persons and their accompanying family members from the following requirements:\nto submit to a medical examination; paragraph A16(2)(b) (all parts of the public policy)\nto establish that they will leave Canada by the end of the period authorized for their stay (obligation on entry); paragraph A20(1)(b) (parts 3 and 8 of the public policy)\nto establish that they will leave Canada by the end of the period authorized for their stay (dual intent); subsection A22(2) (all parts of the public policy)\nto not be inadmissible on health grounds; section A38 (all parts of the public policy)\nto not be inadmissible for financial reasons; section A39 (all parts of the public policy)\nto not be inadmissible for misrepresentation only related to their entry to Canada, overstaying their temporary resident status and working or studying without authorization; paragraph A40(1)(a) (all parts of the public policy)\nNote: Applicants inadmissible under any other misrepresentation are not exempt under the public policy and regular processing applies.\nto not be inadmissible for non-compliance; paragraph A41(a) (all parts of the public policy)\nto seek authorization to return to Canada if a removal order has been enforced; subsection A52(1) (parts 1,2,3,4,7 and 8 of the public policy)\nthe requirement to be described under paragraphs R179(b), (d) and (f) (part 7 of the public policy)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Exemptions from certain conditions (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — Exemptions from certain conditions", + "marginal_note": "Exemptions from certain conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "to continue to meet the requirements of section R179 in order to extend temporary resident status; subsection R181(2) (parts 4, 5, 6 and 9 of the public policy)\nthe requirements that a foreign national must meet in order to restore temporary resident status; section R182 (parts 4, 5, 6 and 9 of the public policy)\nto meet the requirements in order to apply for a work permit after entering Canada; paragraphs R199(a) to (i) (parts 4 and 9 of the public policy)\nto establish that they will leave Canada by the end of the period authorized for their stay under Division 2 (work permit issuance); paragraph R200(1)(b) (parts 1, 4, 7 and 9 of the public policy)\nto meet the requirements in order to apply for a work permit before entering Canada; paragraph R200(1)(c) (parts 1,4,7 and 9 of the public policy)\nthat a work permit not be issued to a foreign national who has engaged in unauthorized study or work in Canada or has failed to comply with a condition of a previous permit or authorization; paragraph R200(3)(e) (parts 1,4,7 and 9 of the public policy)\nfor a renewal applicant to have complied with all conditions imposed on their entry into Canada; paragraph R201(1)(b) (parts 4 and 9 of the public policy)\nto apply for a study permit before entering Canada; section R213 (parts 5 and 9 of the public policy)\nto meet requirements in order to apply for a study permit after entering Canada; paragraphs R215(1)(a) to (g) (parts 5 and 9 of the public policy)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Exemptions from certain conditions (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-4-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — Exemptions from certain conditions", + "marginal_note": "Exemptions from certain conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "to establish that they will leave Canada by the end of the period authorized for their stay under Division 2 (study permit issuance); paragraph R216(1)(b) (parts 2, 5, 7 and 9 of the public policy)\nto meet the requirements of the Regulations Part 12; paragraph R216(1)(c) (parts 2, 5, 7 and 9 of the public policy)\nto have sufficient and available financial resources without working in Canada (studying in Canada); section R220 (parts 2,5,7 and 9 of the public policy)\nto make an application by electronic means; section R9.2 (parts 4, 5, 6 and 9 of the public policy)\nNote: The remainder of the parts are also exempt from the requirement to make an application by electronic means as per Ministerial Instructions 80  (MI80)\nto reimburse removal costs incurred by His Majesty in right of Canada prior to returning to Canada; section R243 (parts 1, 2, 3, 7 and 8 of the public policy).\nIn addition to these exemptions, the fees public policy includes fee waivers for certain application fees, including:\nwork permit processing fees; subsection R299(1)\nstudy permit processing fees; subsection R300(1)\nprocessing fees for renewals and extensions; subsection R305(1)\nrestoration fees; subsection R306(1)\ntemporary resident permit processing fees; subsection R298(1)\ntemporary resident visa fees; subsection R296(1)\nbiometric fees, if applicable; subsection R315.1(1)\nSee the section Application processing instructions for more on fee waivers.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Exemptions from certain conditions (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — Ministerial Instructions for the issuance of temporary resid", + "marginal_note": "Ministerial Instructions for the issuance of temporary resident permits (TRP) to certain Indigenous persons and their family members", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "While most applicants could be covered by the public policy, the Ministerial Instructions (MIs) primarily apply to Indigenous persons physically present in Canada who entered Canada and never obtained temporary resident status under the Immigration and Refugee Protection Act (the Act). In these cases, a TRP may be considered in order to overcome an inadmissibility that an officer is aware of under any of the following provisions of the Act:\nhealth grounds (section A38)\nfinancial reasons (section A39)\nfor directly or indirectly misrepresenting or withholding material facts relating only to their entry to Canada or working or studying without authorization (paragraph A40(1)(a))\nthrough an act or omission which contravenes, directly or indirectly, a provision of this Act through non-compliance (paragraph A41(a))\nThe MIs request officers to consider granting Indigenous persons (and their eligible family members) a temporary resident permit to overcome the above inadmissibilities and to authorize them to enter or remain in Canada as temporary residents. See the section on TRP processing for more information.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Ministerial Instructions for the issuance of temporary resident permits (TRP) to certain Indigenous persons and their family members", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-6-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — Documents required to support applications made under the pu", + "marginal_note": "Documents required to support applications made under the public policy and Ministerial Instructions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To be eligible for processing under the temporary measures, the application must be submitted on paper to CPC-E. The applicant must complete and sign the Application for a temporary resident document under the public policy for certain indigenous persons (IMM 0800) form and provide all required documents and forms with their application submission.\nThe main applicant must establish that they meet the requirements by providing the following:\nProof of the main applicant’s Indigenous status\nProof of identity, including the main applicant’s U.S. citizenship\nProof of familial relationship to the anchor member of the family\nProof that the anchor member of the family is a Canadian citizen, permanent resident, or person registered under the Indian Act\nProof that the anchor member of the family is residing in Canada\nAdditional documents as required\nNote: A single identity document may serve as proof of identity, country of birth and Indigenous status. If the information is presented on one piece of identification (for example, an Enhanced Tribal Card (ETC)), then additional photo ID and proof of U.S. citizenship may not be required.\nProof of the main applicant’s Indigenous status\nThe main applicant must be able to provide evidence of their membership in a Federally Recognized Tribe in the U.S. (USFRT) or citizenship in the Manitoba Métis Federation (MMF). See the section Eligible Indigenous persons .\nAcceptable documentation may include:\nPhotocopy of both sides of any of the following:\nEnhanced Tribal Card (ETC)\nU.S. tribal membership card\nManitoba Métis Federation Card\nAttestation letter from an official of the tribe from which the applicant originates or notarized attestation from Chief and Council of U.S. Tribe", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documents required to support applications made under the public policy and Ministerial Instructions (part 1 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-6-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — Documents required to support applications made under the pu", + "marginal_note": "Documents required to support applications made under the public policy and Ministerial Instructions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Such a statement would be on the tribe’s official letterhead and must confirm the applicant’s membership and/or ancestry\nOther proof that establishes the applicant’s Indigenous status\nProof of identity, including U.S. citizenship\nApplicants must provide photocopies of documents showing their name, date of birth, place of birth (including state), and citizenship. If a single document does not have all of this information, a combination of valid pieces of identification that, when combined, are evidence of name, date of birth, place of birth and citizenship, may be accepted.\nExamples of acceptable documents that may be used to establish citizenship include:\npassport or travel document (biographic page)\nbirth records (for example, birth certificate) (both sides)\nU.S. citizenship card (both sides)\ncertificate of citizenship or naturalization (both sides)\nIf the proof of citizenship does not have a photo, the applicant must also provide photo identification. Examples of acceptable documents that may be used in combination with the above include photocopies of both sides of the following:\nEnhanced Tribal Card\nU.S. tribal membership or citizenship card (if the document has a photo)\nManitoba Métis Federation citizenship card (if the document has a photo)\nDriver’s licence\nHealth card, if it shows name, date of birth, photo and signature\nU.S. military or veteran identification card\nGovernment-issued identification card\nProvincial, territorial, state or federal Correctional Services identification, with or without a signature\nAny other credible evidence that satisfies the officer\nProof of familial relationship to the anchor member of the family", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documents required to support applications made under the public policy and Ministerial Instructions (part 2 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-6-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — Documents required to support applications made under the pu", + "marginal_note": "Documents required to support applications made under the public policy and Ministerial Instructions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Evidence to establish the familial relationship to the anchor member of the family may include photocopies of any of the following or a combination thereof:\nLong-form birth certificate(s)\nBand member document(s)\nMarriage certificate(s)\nFor common-law partners: proof of joint bank accounts, property ownership or leases, utilities, and other proof of shared residence\nNotarized attestation of Chief or Council of Indigenous collective in Canada attesting to familial relationship\nAttestation/affidavits/statutory declaration (with guarantor)\nOther credible evidence that establishes the relationship including: genealogical document or family tree, adoption records, divorce certificate, annulment certificate, death certificate, custody agreements, family booklets, or other official document naming the applicant as a relative\nIn some cases, the main applicant may need to provide multiple documents to prove their relationship. Alternatively, the anchor member of the family may complete and sign the Confirmation of family relationships (IMM 0802) for the main applicant to include in their application.\nThe onus is on the main applicant to provide sufficient evidence to establish the familial relationship with the anchor member of the family. However, in cases where applicants have not provided sufficient evidence of the familial relationship, officers should request additional information that would satisfy the officer that the criterion has been met before continuing to process the application.\nCustomary marriage and adoption\nIndigenous communities may practise customary care and customary marriage, meaning they may establish relationships according to their culture and customs.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documents required to support applications made under the public policy and Ministerial Instructions (part 3 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-6-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — Documents required to support applications made under the pu", + "marginal_note": "Documents required to support applications made under the public policy and Ministerial Instructions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the applicant presents evidence of a customary marriage, officers should assess whether they are satisfied that the relationship meets the definition of common-law. If not, officers may use their discretion and assess these on a case-by-case basis.\nIf the applicant presents evidence of a customary adoption, these applications should be assessed on a case-by-case basis, taking into account factors such as the ability of the customary adoptive parent to act on behalf of the child when in Canada, and whether an officer is satisfied that a customary adoption has taken place. This can be established by provincial/territorial/state documentation (if applicable) and/or a number of statutory declarations from First Nation or Tribal leadership, community members and family.\nOfficers should also be satisfied that there is evidence to demonstrate that the adoptee was raised, or is being raised, as a minor by their adoptive parents. While these are the encouraged requirements, officers may also accept any credible evidence to demonstrate that a customary adoption has taken place and assess it on a case-by-case basis.\nProof that the anchor member of the family is a Canadian citizen, permanent resident, or person registered under the Indian Act\nIf not included with the application, officers could request evidence that the anchor member meets these criteria, which may include photocopies of:\nProvincial or territorial birth certificate\nCanadian passport biographical data page\nCitizenship certificate\nPermanent resident card\nRecord of Landing (IMM 1000)\nConfirmation of Permanent Residence (IMM 5292 or IMM 5688)\nStatus card (Certificate of Indian Status (CIS) or Secure Certificate of Indian Status (SCIS) cards)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documents required to support applications made under the public policy and Ministerial Instructions (part 4 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-6-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — Documents required to support applications made under the pu", + "marginal_note": "Documents required to support applications made under the public policy and Ministerial Instructions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Proof that the anchor member of the family is residing in Canada\nIf not included with the application, officers could request evidence that the anchor member meets these criteria, which may include photocopies of:\na rental agreement\nletters issued for utility or bank accounts\ngovernment-issued documents, including a driver’s licence or vehicle registration\nother official documentation that clearly shows the anchor member of the family’s name and address.\nAdditional documents\nIn addition to the above, clients may also submit the following as part of a complete application:\ntwo photographs meeting the requirements of the Visa application photograph specifications\nproof of marital or common-law relationship , if applicable\nletter of acceptance from a Designated Learning Institution for each person applying for a study permit unless exempted under subsection R219(2)\na Quebec Acceptance Certificate (CAQ) issued by the Quebec Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) (for each family member who is applying for a study permit and plans to study in Quebec)\nproof of current immigration status in country of residence (for accompanying family members who are not citizens of the country from which they are applying)\nproof of relationship between the main applicant and each accompanying family member\nphotocopies of both sides of identity documents for each accompanying family member that show their full name, date of birth and place of birth", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documents required to support applications made under the public policy and Ministerial Instructions (part 5 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — Incomplete applications", + "marginal_note": "Incomplete applications", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For IRCC: If the applicant did not provide all of the documents and signed forms required to process their application, officers are encouraged to request any outstanding elements from the applicant. The officer may request missing components or additional information by email, if an email was provided, or by mail to the mailing address provided. The officer should send the letter “Incomplete application”. Applicants should follow the instructions provided on the letter.\nFor CBSA: If not all documents are presented at the POE and the officer is not able to establish eligibility, all regular processing options exist.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Incomplete applications", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — Ineligible applicants (ineligible under both the public poli", + "marginal_note": "Ineligible applicants (ineligible under both the public policy and the Ministerial Instructions)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applicants must meet all of the eligibility criteria to be approved. If the applicant is deemed ineligible under the temporary measures due to lack of proof or missing documentation, the officer is encouraged to consider requesting additional documentation to support the application.\nOfficers are encouraged to consider being flexible in the types of supporting documents they are willing to accept. If the applicant is ultimately unable to provide evidence to satisfy the officer that they are eligible under the temporary measures, the application should be returned for not meeting criteria under the public policy.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Ineligible applicants (ineligible under both the public policy and the Ministerial Instructions)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-9-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — Application processing instructions", + "marginal_note": "Application processing instructions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "All temporary resident documents issued under the temporary measures are to be issued for a validity period corresponding to whichever of the following comes first:\n3 years (as per the Ministerial Instructions and public policy); or\nuntil the applicant’s passport expires; or\nfor study permits, the length of the program according to the Letter of Acceptance even if less than 3 years, plus 90 days.\nImportant: Documents issued for dependant children cannot exceed the validity of the main applicant’s document. \nEligibility\nEligibility for processing under the public policy should be reviewed first as:\nan eligible Indigenous person and their relationship to an anchor member of the family in Canada, or\na family member of an eligible Indigenous person .\nOnce the applicant is deemed to meet public policy eligibility, other eligibility criteria for the requested application(s) should be reviewed. The following temporary resident documents may be issued under the temporary measures:\nwork permits\nstudy permits\nvisitor records\nTRVs (visa-required family members only)\nTRPs\nrestoration of status\nIndividuals within this cohort are not required to establish that they will leave Canada by the end of their authorized period of stay. Persons who have overstayed their status may be eligible for facilitated TRP processing under Ministerial Instructions.\nInadmissibility\nThe temporary measures exempt eligible Indigenous persons and their accompanying family members from certain requirements, including the following provisions:\nhealth grounds under section A38;\nfinancial reasons under section A39;\nmisrepresentation under paragraph A40(1)(a) for no reason other than related to their entry to Canada, overstaying or studying/working without authorization;", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application processing instructions (part 1 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-9-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — Application processing instructions", + "marginal_note": "Application processing instructions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "non-compliance under paragraph A41(a).\nGeneral exemptions under the temporary measures\nIndividuals meeting eligibility under the temporary measures are exempt from the following requirements when applying for a temporary resident document:\napplication and biometric fees (including restoration and temporary resident permit fees)\nmedical examinations and the need for an IME to work in an occupation in which the protection of public health is essential\nto establish that they will leave Canada by the end of the period authorized for their stay\nA full list of exemptions is available under each temporary residence line of business applicable to the temporary measures.\nWork permit processing\nApplicants within this cohort are eligible to apply for an open work permit. Open work permits issued under this public policy will allow these individuals to work in any sector or for any employer within Canada during the validity of the work permit.\nOpen work permits are to be issued for a maximum validity period of 3 years. If an applicant has provided a passport, the permit may be issued for a validity period of 3 years from the date of issue or until their passport expires, whichever comes first.\nIndividuals who meet the eligibility requirements of this public policy are exempt from the following on their application for a work permit:\napplication and biometric fees, as per the fees public policy (note that biometrics may only be required for family members if they are from a TRV required country )\nmedical examination\nNote that the following documents are not required for an application for an open work permit:\nLabour Market Impact Assessment (LMIA)\noffer of employment\nQuebec Acceptance Certificate (CAQ) if intending to reside in Quebec\nStudy permit processing", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application processing instructions (part 2 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-9-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — Application processing instructions", + "marginal_note": "Application processing instructions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applicants within this cohort are eligible to apply for a study permit. They must provide a Letter of Acceptance (LOA) from a Designated Learning Institution (DLI) unless exempted under subsection R219(2) . Minors are also required to provide an LOA (even at the primary or secondary school level) unless exempted under subsection R219(2). All post-secondary study permit and study permit extension applications must have the LOA verified by the DLI. Verification of the LOA is not required if a family member who is exempt from the LOA requirement under subsection R219(2) provides an LOA.\nStudy permits are to be issued for the length of the program of study, as indicated on the LOA, unless the applicant provided a passport that expires earlier.\nStudents destined for Quebec : A Quebec Acceptance Certificate (CAQ) is required as part of an application for a study permit when the prospective student intends to study in Quebec.\nIndividuals who meet eligibility requirements of this public policy are exempt from the following on their application for a study permit:\napplication and biometric fees, as per the fees public policy\nmedical examination, as per the public policy\nprovincial or territorial attestation letter (PAL/TAL) as per Ministerial Instructions 79 (MI79): Amendments to Ministerial Instructions with respect to the processing of certain applications for a study permit\nproof of financial support, as per the public policy\nestablishing that they will leave Canada at the end of their authorized period of stay, as per the public policy", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application processing instructions (part 3 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-9-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — Application processing instructions", + "marginal_note": "Application processing instructions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: As per subsection R219(2), a LOA is not required for accompanying family members if the main applicant’s application for a work or study permit is approved in writing  before the main applicant enters Canada.\nVisitor record processing\nA visitor record may be issued:\nat a port of entry to document an authorized length of stay;\nto extend the stay of a temporary resident in Canada; or\nto restore or provide temporary resident status.\nTemporary Resident Visa (TRV) processing\nA Temporary Resident Visa (TRV) is a counterfoil document indicating that the individual has met requirements for admission to Canada as a temporary resident. Possession of a TRV does not guarantee entry to Canada.\nIndividuals who meet a TRV exemption under section R190 , such as an American citizen or a U.S. permanent resident, do not require a TRV to enter Canada. Only certain eligible family members (accompanying or following) may require a TRV to travel to Canada.\nApplicants within this cohort are eligible to apply for a multiple-entry TRV under the temporary measures. As per the Issuing a visa PDI , officers may exercise their judgment in deciding whether to issue a single or multiple-entry visa but should take into consideration the facilitative intent of the temporary measures in considering a single or multiple-entry visa.\nDetermination of the TRV validity\nThe period of validity for the TRV will depend on the purpose of stay. Validity is outlined below:\nPurpose of stay\nTRV validity\nVisit\n3 years, or passport validity, whichever comes first\nWork\nEqual to the duration of the open work permit to a maximum of 3 years, or passport validity, whichever comes first\nStudy", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application processing instructions (part 4 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-67-9-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary measures for eligible Indigenous persons — Application processing instructions", + "marginal_note": "Application processing instructions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Equal to the length of studies, plus 90 days, to a maximum of 3 years, or passport validity, whichever comes first\nIndividuals who meet the eligibility requirements of the temporary measures are exempt from the following on their application for a TRV:\napplication and biometric fees\nmedical examination\nproof of financial support\nestablishing that they will leave Canada by the end of their authorized period of stay", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application processing instructions (part 5 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/indigenous-persons.html" + }, + { + "id": "pdi-tr-68-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections", + "marginal_note": "Employer compliance inspections", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nUnder the International Mobility Program (IMP), all employers, apart from those exempted from the employer compliance regime, who make an offer of employment to a foreign national referred to in subparagraph 200(1)(c)(ii.1) of the Immigration and Refugee Protection Regulations (IRPR) must comply with the conditions imposed under sections R209.2 and R209.4 . An employer may be inspected and must ensure they have met these conditions.\nFor conditions that relate to the Quarantine Act, the Emergencies Act or the provincial laws that govern public health in response to COVID-19, please refer to Employer compliance inspections: COVID-19 program delivery .\nAll employer inspections under the IMP are conducted by Immigration, Refugees and Citizenship Canada (IRCC) employees. Inspections of employers under the Temporary Foreign Worker Program (TFWP) are conducted by employees of Employment and Social Development Canada (ESDC).\nImportant: On September 26, 2022, amendments were made to the Immigration and Refugee Protection Regulations to enhance the protection of temporary foreign workers by setting new employer requirements and conditions and improving the Government of Canada’s ability to hold employers accountable for non-compliance. This includes, but is not limited to, requirements for an employer to provide the most recent information to foreign nationals about their rights in Canada, and provide access to health care services when the worker is injured or becomes ill at the workplace.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Employer compliance inspections", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Overview: Employer inspections under the IMP\nCircumstances for an employer inspection\nWhen to refer a concern to Integrity Risk Management Branch (IRM)\nInitiating the inspection or verification\nInspection conditions imposed on employers [R209.4]\nCompliance conditions imposed on employers [R209.2]\nAssessing compliance conditions\nDocuments that may be used to verify employer compliance\nDecision-making", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Overview: Employer inspections under the IMP", + "marginal_note": "Overview: Employer inspections under the IMP", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Employers who submitted an offer of employment for which a work permit was issued to a foreign national on or after December 31, 2013, may, under section R209.5 , be inspected for compliance with the conditions set out in the IRPR. An inspection may be initiated from the first day of employment for which a work permit is issued up to a maximum of 6 years thereafter.\nInspections are administrative assessments of whether an employer has met the conditions required in the IRPR [R209.2 and R209.4]. If, on the basis of information obtained during an inspection, a final determination is made that an employer violated a regulatory condition and was not justified in doing so [under subsection R209.2(3) , 209.2(3.1) , R209.2(4) or R209.4(2) ] , IRCC must inform the employer of the finding and add their name to the public list (as per sections R209.996 and R209.997 ), stating the violation and the penalty.\nThe penalty administered is based not only on whether the violation occurred before or after December 1, 2015, but also on the type and severity of the violation for offences committed after December 1, 2015. For offences committed before December 1, 2015, employers will be banned for 2 years from accessing the IMP and TFWP. For violations committed on or after December 1, 2015, employers may receive a warning letter (the employer’s name will not be published on the public list), an administrative monetary penalty and/or a ban from accessing the IMP or TFWP for a specified time.\nIn certain circumstances and depending on the severity of the violation, work permits of foreign workers working for employers found non-compliant with any of the conditions following an inspection may be revoked as per the Ministerial Instructions.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Overview: Employer inspections under the IMP", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Circumstances for an employer inspection", + "marginal_note": "Circumstances for an employer inspection", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Under section R209.5 , there are 3 circumstances (triggers) for an inspection: known past non-compliance, random selection and reason to suspect.\nKnown past non-compliance\nAn employer who has previously been found non-compliant with IMP or TFWP conditions.\nRandom selection\nVerification of employer compliance based on a random selection model.\nReason to suspect\nReceipt of information relating to an employer using the IMP and giving an officer reason to suspect non-compliance with 1 or more of the conditions set out under section R209.2.\nInformation may come from a variety of sources, including but not limited to the following:\nan allegation or complaint (a call, letter or email received from a member of the public, stakeholder, the foreign national, etc.)\nESDC, the Canada Border Services Agency or another IMP partner\ndiplomatic channels or parliamentarians\na non-governmental organization, union or similar organization\na province or territory\nthe media (for example, print, radio, television and social media)\nvoluntary disclosure ( IMM 5964 ) by the employer (see our employer resource page for more information)\nAny information received by an officer regarding a situation that could trigger an inspection should be referred to the Integrity Risk Management Branch (IRM), for potential initiation of an inspection.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Circumstances for an employer inspection", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — When to refer a concern to Integrity Risk Management Branch ", + "marginal_note": "When to refer a concern to Integrity Risk Management Branch (IRM)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If an officer detects any anomalies or patterns of concern during work permit processing, issuance, or anytime thereafter, they are requested to complete the Employer Inspection Tip Referral template (MSG, 70 KB) (available internally only) and submit it to Integrity Risk Management Branch (IRM), Employer Compliance Inspections Unit (ECIU). ECIU will assess the information and determine whether or not an employer inspection is warranted.\nSome examples of reasons for using the Tip Referral process:\nthe processing officer has concerns or evidence of past non-compliance that the employer did not meet any of the following commitments made in a past offer of employment:\nemployment in the same occupation as that set out in the foreign national’s offer of employment\nsimilar but not lower wages and benefits than offered\nworking conditions that were substantially the same but not less favourable than those set out in their offer\ninformation is available (such as a media article according to which an employer is being investigated for labour violations against their workers) indicating that there could be grounds to make a negative determination\ncomplaints received that the employer might not have complied with elements listed on the offer of employment, such as underpaying the foreign worker or forcing extra hours or duties\nconcerns that an employer might have provided misleading information on an offer of employment, such as offering a job that did not exist to facilitate a permanent resident application for the foreign worker ( Note: this could also be grounds to refuse a work permit as the job offer submitted by the employer is not genuine)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: When to refer a concern to Integrity Risk Management Branch (IRM)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Initiating the inspection or verification", + "marginal_note": "Initiating the inspection or verification", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The IRM will send the employer a letter indicating the following:\nthe reason for the inspection, including the inspection trigger and program condition where there is a concern\na request for documentation that will provide proof of compliance\na request for the employer to provide an indication of their justification as per subsection R209.2(3) and R209.2(3.1) if applicable, and proof of the justifications if they believe they are non-compliant\na deadline for submission of the documentation", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Initiating the inspection or verification", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-6-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Inspection conditions imposed on employers [ R209.4 ]", + "marginal_note": "Inspection conditions imposed on employers [ R209.4 ]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Inspections can involve employers having to answer questions and provide documents [ R209.6 ], the examination of documents [ R209.7 ] or on-site inspections [ R209.8 ], including interviews with foreign workers or other employees (with their consent).\nUnder section R209.4, for the purposes of inspections, employers must make reasonable efforts to do the following:\nreport at any specified time and place to answer questions and provide documents, or ensure that a representative is available to provide assistance\nprovide any documents that are requested to verify compliance with specific conditions (employers will be instructed to redact all personal information that IRCC is not authorized to collect)\nattend any inspection or ensure that a qualified or delegated employee attends any inspection (unless the employer was not notified of it), give all reasonable assistance to the person conducting that inspection and provide that person with any document or information that the person requires\nNote: An officer may consider that an employer has made reasonable efforts if the employer has done the following:\nmet any of the conditions above that are relevant to a particular inspection\ncooperated to the greatest extent possible during an inspection\nCollection of documents by officers\nAs of September 26, 2022, paragraph R209.7(1)(c) authorizes officers to require any individual or entity to provide any document in their possession that relates to the employer’s compliance with the conditions set out in R209.2 for the purpose of verifying compliance with those conditions.\nIndividuals or entities may include, but are not limited to:\nbanks\naccountants\npayroll companies\nrecruitment agencies, etc.\nDocuments requested may include, but are not limited to, records such as", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Inspection conditions imposed on employers [ R209.4 ] (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-6-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Inspection conditions imposed on employers [ R209.4 ]", + "marginal_note": "Inspection conditions imposed on employers [ R209.4 ]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "payroll information\njob description\njob offer / employment agreement\nreceipts for disbursements\nrecords of registration for private health insurance\nevidence (e.g., email or other correspondence).\nAlthough consent of the employer is not required, officers must continue to adhere to the Privacy Act and to privacy requirements in their departmental acts by collecting only information that is directly related to and is demonstrably necessary for the intended authorized purpose. Collecting documents from a third party should only be considered in instances where the employer is uncooperative with the inspection (e.g., ignoring requests or refusing to provide documentation requested by an officer).\nWhere an employer would be penalized if they do not make reasonable effort to provide documents requested by an officer, there is no penalty to third party individuals or entities if they do not provide the documents .\nOn-site inspections\nOn-site inspections will be conducted by IRCC’s Domestic Network, after a referral from IRM.\nEmployers are required to give all reasonable assistance to personnel conducting the inspection, including the following:\nallowing the officer to use copying equipment or providing copies to the officer as requested\nallowing the officer to take photographs or make video or audio recordings (with written consent)\nallowing the officer to examine anything on the premises that is relevant to the inspection\nEmployers may be found non-compliant if they refuse to cooperate during an inspection.\nThe following are guidelines (a non-exhaustive list) indicating in which circumstances an officer could carry out the on-site component of the inspection:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Inspection conditions imposed on employers [ R209.4 ] (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-6-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Inspection conditions imposed on employers [ R209.4 ]", + "marginal_note": "Inspection conditions imposed on employers [ R209.4 ]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "when there has been no communication from the employer and the investigator is aware that the business does exist and is operational\nwhen there is a lack of communication during the investigation, and the actions of the employer point to avoidance\nwhen the investigator has reason to believe that information provided by the employer is not factually accurate, as in the following examples:\nif an employer provides perfect payroll records after denying having payroll records\nif evidence suggests that the TFW may be working in a different occupation than what is stated on the offer of employment (for example, an employer attempted to hire a TFW for one position, was denied, and the employer then hired the same TFW for another occupation)\nif evidence suggests that the employer may have hired the TFW prior to the issuance of the work permit; there is inconsistent information relating to the employment start date\nif there are safety or security concerns\nwhen an allegation of abuse has been received\nwhen the investigator deems it necessary during the course of the inspection to include an on-site component", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Inspection conditions imposed on employers [ R209.4 ] (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-7-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Compliance conditions imposed on employers [ R209.2 ]", + "marginal_note": "Compliance conditions imposed on employers [ R209.2 ]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Prior to any work permit application, employers must make the following attestations in order to submit an offer of employment in the Employer Portal or using the IMM 5802 as authorized:\nDeclaration of employer (as of September 26, 2022):\n“I attest that I have entered into an employment agreement with the foreign national that provides for employment in the same occupation and the same wages and working conditions as those set out in the offer of employment. I attest that the employment agreement is drafted in the foreign national’s chosen official language of Canada, is signed by myself and the foreign national, and that I have provided a copy of the employment agreement to the foreign national.\nI attest that I have not, directly or indirectly, charged or recovered from the foreign national the fee referred to in subsection 303.1(1) of the Immigration and Refugee Protection Regulations [compliance fee] or any fees related to the recruitment of the foreign national, with the exception of the fees referred to in subsections 296(1), 298(1), and 299(1) of the Immigration and Refugee Protection Regulations [temporary resident visa, temporary resident permit and work permit fees].\nI attest that I have ensured that any person who recruited the foreign national on my behalf did not, directly or indirectly, charge or recover from the foreign national the fee referred to in subsection 303.1(1) of the Immigration and Refugee Protection Regulations [compliance fee] or any fees related to the recruitment of the foreign national, with the exception of the fees referred to in subsections 296(1), 298(1), and 299(1) of the Immigration and Refugee Protection Regulations [temporary resident visa, temporary resident permit and work permit fees].”", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Compliance conditions imposed on employers [ R209.2 ] (part 1 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-7-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Compliance conditions imposed on employers [ R209.2 ]", + "marginal_note": "Compliance conditions imposed on employers [ R209.2 ]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When completing the offer of employment, employers also sign indicating the following certifications:\n“I certify that I am actively engaged in the business in respect of which the offer of employment is made and understand that I must remain so during the period of employment for which the work permit is issued to the foreign national.\nI certify that I am compliant with, and will comply with, the federal/provincial/territorial laws that regulate employment and the recruitment of employees, in the province/territory in which it is intended that the foreign national work and, if applicable, with the terms and conditions of any collective agreement.\nI certify that I will provide the foreign national with employment in the same occupation as that set out in the foreign national's offer of employment and with wages and working conditions that are substantially the same as — but not less favourable than — those set out in the offer.\nI certify that I will make reasonable efforts to provide a workplace that is free of abuse which includes physical, sexual, psychological or financial abuse and includes reprisals against foreign nationals.”\nFor inspection purposes relating to paragraph R209.2(1)(b)(i) and the accuracy of the information provided under section R209.11 , including the attestations, officers should be aware that the employer must click on the attestations above to submit an offer of employment. Employers are unable to refuse to the attestations and certification above when they submit an offer of employment through the Employer Portal. The IMM 5802 also includes the same attestations and certifications.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Compliance conditions imposed on employers [ R209.2 ] (part 2 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-7-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Compliance conditions imposed on employers [ R209.2 ]", + "marginal_note": "Compliance conditions imposed on employers [ R209.2 ]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In some circumstances (often but not limited to the context of contract for services), employers could click on the attestations in the Employer Portal and also indicate in a comment text box of the Portal that they have not entered into an employment agreementt wih the foreign national. This information appears in GCMS under the section “Additional Information Tab.” In this scenario, officers may find the employer non-compliant with the regulatory requirements as per subparagraphs R209.11(e)(i)(a) to (c).\nEmployment agreement\nParagraph R209.11(1)(e) requires employers to provide the temporary worker with a signed employment agreement with the same occupation, wages and working conditions as those set out in the offer of employment before submitting the offer of employment. The employment agreement must be in the official language chosen by the temporary worker. For inspection purposes relating to paragraph R209.2(1)(b)(i) and the accuracy of the information provided under section R209.11 , officers should be aware that in the context of contract for services, the Canadian company (not the foreign company) is the entity who must provide the worker with a signed agreement. This is because it is the Canadian company that creates the need for the temporary worker to enter Canada, even if it is the foreign company that pays the temporary worker. The intent of the employment agreement is not to establish a standard employee–employer relationship as normally understood in the labour force; rather, it aims to make the Canadian company responsible for providing the worker with the same occupation, wages and working conditions as those set out in the offer of employment.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Compliance conditions imposed on employers [ R209.2 ] (part 3 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-7-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Compliance conditions imposed on employers [ R209.2 ]", + "marginal_note": "Compliance conditions imposed on employers [ R209.2 ]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: There are situations where the job offer may be exempt from having to pay the employer compliance fee. The employer must still submit the attestation above in order to submit the offer of employment.\nImportant: Employers who made attestations before September 26, 2022 will not be subject to same inspection requirements as above. They only sign the following:\nDeclaration of employer (prior to September 26, 2022):\n“I certify that I am actively engaged in the business in respect of which the offer of employment is made and understand that I must remain so during the period of employment for which the work permit is issued to the foreign national.\nI certify that I am compliant with, and will comply with, the federal/provincial/territorial laws that regulate employment and the recruitment of employees, in the province/territory in which it is intended that the foreign national work and, if applicable, with the terms and conditions of any collective agreement.\nI certify that I will provide the foreign national with employment in the same occupation as that set out in the foreign national's offer of employment and with wages and working conditions that are substantially the same as — but not less favourable than — those set out in the offer.\nI certify that I will make reasonable efforts to provide a workplace that is free of abuse which includes physical, sexual, psychological or financial abuse.”\nThe purpose of an inspection authorized under section R209.5 is to determine if an employer who provided an offer of employment under subparagraph R200(1)(c)(ii.1) has complied with the conditions stated in section R209.2 . These conditions are imposed automatically on issuance of the associated work permit.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Compliance conditions imposed on employers [ R209.2 ] (part 4 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-7-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Compliance conditions imposed on employers [ R209.2 ]", + "marginal_note": "Compliance conditions imposed on employers [ R209.2 ]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Although the conditions are imposed only for the period of the work permit, compliance with the conditions can be inspected up to 6 years after the work permit is issued. During this period, the following conditions can be inspected:\nThe employer must remain actively engaged in the business in respect of which the offer of employment was made [ R209.2(1)(a)(i) ].\nThe employer must provide a copy of the most recent information in the chosen official language regarding the foreign national’s rights in Canada made available by the Government of Canada on or before the first day of work and must make it available to the foreign national in both official languages of Canada during the period of employment [R209.2(1)(a.1) and R209.2(1)(a)(ii.1)].\nThe employer must comply with the federal and provincial laws that regulate employment and the recruiting of employees, including foreign nationals, in the province in which the foreign national works [R209.2(1)(a)(ii)].\nThe employer must provide the foreign worker with employment in the same occupation as that set out in the offer of employment and with wages and working conditions that are substantially the same as, but not less favourable than, those in the same offer [R209.2(1)(a)(iii)].\nThe employer must make reasonable efforts to provide temporary foreign workers with a workplace that is free of abuse [R209.2(1)(a)(iv)] and, more specifically, free of the following:\nphysical abuse, including assault and forcible confinement\nsexual abuse, including sexual contact without consent\npsychological abuse, including threats and intimidation\nfinancial abuse, including fraud and extortion", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Compliance conditions imposed on employers [ R209.2 ] (part 5 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-7-p6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Compliance conditions imposed on employers [ R209.2 ]", + "marginal_note": "Compliance conditions imposed on employers [ R209.2 ]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "reprisals, which consists of any measure taken by or on behalf of an employer against a foreign national that affects their employment or working conditions and that was taken because the foreign national reported that the conditions in R209.2 or R209.3 have not been met or has in good faith cooperated with an inspection. This can include disciplinary measures, demotions, dismissals or threats to take any of these measures. [ R196.2(2) ]\nThe employer must make reasonable efforts to provide access to health care services if the foreign national is injured or becomes ill at the work place [R209(2)(a)(viii)].\nThe employer must not, directly or indirectly, charge or recover from the foreign national the employer compliance fee [referred to in R303.1(1 ) or any recruitment fees, with the exception of fees referred to in R296 (1 ), R298 (1) and R299(1 ). The employer must also ensure that any persons who recruited the foreign national for the employer did not, directly or indirectly, charge or recover the fees described above from the foreign national [R209.2(1)(a)(ix) and R209.2(1)(a)(x)]. The employer must be able to demonstrate for a period of six years beginning on the first day of the period of employment that any information they provided in relation to an offer of employment under section R209.11 or on request of an officer during the associated work permit application [R200(1)(c)(ii.1)] was accurate [R209.2(1)(b)(i)].\nThe employer must also retain any document that relates to compliance with the imposed conditions under R2092.2(1)(a) [R209.2(1)(b)(ii)].", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Compliance conditions imposed on employers [ R209.2 ] (part 6 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-7-p7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Compliance conditions imposed on employers [ R209.2 ]", + "marginal_note": "Compliance conditions imposed on employers [ R209.2 ]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For conditions related to the Quarantine Act, the Emergencies Act or provincial or territorial laws that govern public health in response to COVID-19, please refer to Employer compliance inspections: COVID-19 program delivery .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Compliance conditions imposed on employers [ R209.2 ] (part 7 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers can request specific documents or information or ask the employer to provide whatever documents the employer determines are sufficient as proof of their compliance with the conditions. A list of documents that could be provided as proof is available in Documents that may be used to verify employer compliance .\nUpon receipt of the documents and any other information the employer provides as proof of their compliance or justification, an officer will review the documents and information to determine compliance with the conditions.\nEmployer is actively engaged in the business [R209.2(1)(a)(i)]\nTo assess whether the employer is actively engaged in the business in which the offer of employment was made, IRCC can request all relevant documentation, including but not limited to a Canada Revenue Agency business number, business licence or permit, the employer’s relevant income documents and any of the following documents as proof of business activity:\nan attestation by a lawyer, notary public or chartered accountant who is a member in good standing of their respective professional body, confirming that the employer is actively engaged\nan up-to-date commercial lease agreement\na formal letter from a legal business other than the employer’s, confirming the existence of a contract for goods or services being provided\nStart-ups\nFlexibility for additional documents to be provided can allow for more options for employers trying to prove active engagement. For example, entrepreneurs are given up to 20 months, depending on the jurisdiction and their circumstances, to get their business formally started. If they are not yet providing goods or services, proof of active engagement could include business or investment plans, supply contracts, and such.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 1 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: IRCC will not consider attestations or letters submitted from an employee of the company as proof of business activity.\nPublicly available information may also be used to make a determination on the active engagement in business of an employer who has made the offer of employment to the temporary foreign worker. Information sources include the following:\nInternet searches (for instance, Google; Better Business Bureau; Innovation, Science and Economic Development Canada and Canada 411)\nProvincial websites\nEmployer websites\nJob Bank advertisements\nNote: Any extrinsic information (for example, publicly available information) used in making a decision on compliance must be disclosed to the employer by way of a notice of preliminary finding before a final decision of non-compliance is made, and the employer must have an opportunity to respond to this information.\nCompliance with federal, provincial and territorial employment and recruitment legislation [R209.2(1)(a)(ii)]\nFor the purpose of inspections, the verification of compliance with federal, provincial and territorial laws should focus on the employer’s compliance record from the date of the work permit issuance.\nCompliance in respect of this condition is focused on any federal, provincial or territorial laws that regulate employment and recruitment in the province or territory in which the temporary foreign worker works. This includes, for example, labour law areas dealing with health and safety, unfair dismissal, the right to file complaints, leave, and workplace privacy laws. It also includes recruitment laws that regulate the business of employment agencies and recruiters. More examples are provided in the section below.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 2 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Regardless of the triggering event, there are specific types of documentation for any federal, provincial or territorial compliance issue that can or should be checked:\nproof of registration, where required by provincial or territorial employment or recruitment legislation for employers and recruiters\na workers’ compensation clearance letter, declaring that the employer is registered with the workers’ compensation board and has an account in good standing\nother relevant official provincial or territorial documentation, including any documentation available directly from a province or territory by way of information-sharing agreements or publicly accessible information\nTo meet this condition, employers must comply with the applicable federal, provincial or territorial laws governing employment or recruitment from the date the foreign national starts working and for the duration of their employment. In most cases, information about violations and convictions is readily available online (for example, from federal or provincial websites); however, if extrinsic information (for example, website information not provided by the employer) is used, officers must give the employer an opportunity to respond to any allegations before recommending a finding of non-compliance.\nNote: It is the employers responsibility to ensure that they are compliant and knowledgeable regarding legislation that applies to them. Officers should note:\nJurisdictions that require registration/licensing for employers:\nBritish Columbia, Saskatchewan, Manitoba, Quebec, New Brunswick, Nova Scotia, Yukon.\nJurisdictions that require registration/licensing for recruiters:\nBritish Columbia, Alberta, Saskatchewan, Manitoba, Quebec, Nova Scotia, Yukon.\nExamples of federal, provincial and territorial laws", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 3 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This is not an exhaustive list. Examples include but are not limited to the following:\nCanada Labour Code\nAlberta: Fair Trading Act\nAlberta: Occupational Health and Safety Act\nBritish Columbia: Employment Standards Act\nBritish Columbia: Workers Compensation Act\nManitoba: Worker Recruitment and Protection Act (WRAPA)\nManitoba: Workplace Safety and Health Act\nNew Brunswick: Employment Standards Act\nNova Scotia: Consultation on Temporary Foreign Workers\nNova Scotia: Guide to the Nova Scotia Labour Standards Code\nOntario: Employment Protection for Foreign Nationals Act\nOntario: Employment Standards Act\nOntario: Occupational Health and Safety Act\nQuebec: The province pre-published the Regulation respecting immigration consultants , which would require any representative filing an application to its provincial immigration program to fulfil certain criteria (including having an office in Quebec) and be registered with the government\nSaskatchewan: The Saskatchewan Employment Act (PDF)\nAny other federal, provincial and territorial legislation related to employment standards, occupational health and safety or recruitment as deemed applicable\nOccupation, wages and working conditions [R209.2(1)(a)(iii)]\nOccupation\nThe occupation that the foreign worker will hold and the duties they will perform must fall within the description of the National Occupational Classification (NOC) code specified in the offer of employment for the duration of the work permit validity period. If the duties the foreign worker will perform are inconsistent with what was described in the other main duties listed in the offer, the employer may be deemed non-compliant.\nVariance in duties", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 4 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To assess whether the employer provided the same occupation as that set out in the offer of employment, officers should take into consideration the following factors with respect to variance in job duties (this list is not exhaustive):\nwhether the variation in duties is covered by the same NOC code as that stated in the offer of employment, though those duties may not have been explicitly listed in the offer\nthe amount of time that the foreign worker spent completing the duties listed in the offer versus the variation in duties\nwhether the variation in duties relates to a higher or lower occupation than the job listed in the offer\nwhether appropriate compensation was provided for the time the foreign worker spent completing the variation in duties\nhow close the NOC code associated to the variation in duties is to the NOC code listed on the offer\nwhether the variation in duties is reasonably expected for the position listed in the offer\nPromotion or change of NOC code\nIn cases where the employer wishes to promote the foreign worker or otherwise change their duties (for instance, if the offer indicated the worker was a manager but during the validity period of the work permit they ended up working as a director, or if the worker was hired as a technician but they ended up doing an engineering job), the foreign worker should receive a new offer of employment and apply for and be issued a new work permit before the change is implemented.\nIf a new work permit for the promotion or change in occupation has not been previously approved and the temporary foreign worker is found to be working in an occupation other than that stated on the offer of employment for the work permit that was issued, the employer may be found non-compliant.\nWages", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 5 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "“Substantially the same, but not less favourable, wages” means the following:\nwages paid cannot be less than those outlined in the offer of employment provided as per section R209.11(e)(i)(A)\nany unusual deductions (such as transportation costs) should be stated in the offer of employment\nWages must be paid even if the worker does not yet have their social insurance number (SIN). Workers must apply for a SIN within 3 days of starting employment but do not have to wait for the SIN to start working. Rather, they are simply required to provide the SIN to the employer within 3 days of receipt.\nNote: An increase in wages under the IMP may not lead to a finding of non-compliance with respect to providing substantially the same wages under subparagraph R209.2(1)(a)(iii) . However, wages paid that are higher than those stated in the offer of employment may indicate a change in duties, which could mean a different occupation than that offered. An increase in wages may also result in a finding that the employer did not provide “substantially the same” wages if the increase would have affected the ability of the foreign national to qualify for the Labour Market Impact Assessment (LMIA) exemption.\nBased on instructions in the Employer Portal User Guide , the offer of employment requires the input of hourly wages in Canadian dollars. Foreign workers can be paid in Canadian currency or in another legal currency as long as the foreign worker is paid the equivalent Canadian wage stated in the offer throughout the period of employment. The foreign currency must be noted in the “Alternate Compensation Scheme” section of the offer.\nWorking conditions", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 6 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: When assessing multiple violations within the “working conditions” program condition, such as unpaid overtime and unpaid vacation, officers may assess different violations separately . When assessing penalties, however, officers cannot count multiple violations within each type of violation. For example, officers would not count unpaid vacation multiple times (such as unpaid Christmas Day, unpaid New Year’s Day, unpaid Canada Day, etc.).\nWorking conditions may include non-wage-related remuneration benefits and entitlements specifically detailed in the offer of employment, such as the following:\nlocation of employment\nstatutory holidays, sick leave and vacation days\nhours of work (including overtime)\ntransportation costs (where applicable)\naccommodations, conditions and costs (where applicable)\nextended health or medical insurance\nother non-taxable benefits\nIf a change in working conditions (such as a reduction in hours or salary) negatively affects a worker, a new offer of employment and a new work permit are required before the change takes effect; otherwise, the employer risks being found non-compliant with the original job offer submitted to IRCC.\nImportant: A change in location, from the location stated on the offer of employment, will be considered non-compliance (that is, not “substantially the same”) if it would affect the decision on a work permit application or result in the foreign national working without authorization. For example, a change in location to another province would have a bearing on a work permit that was approved for a provincial nominee, and a fishing guide working on a lake in Canada other than the one specifically stated on the seasonal work permit would be considered to be working without authorization.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 7 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: Many other working conditions and workplace standards (for example, obligations around dismissals and rights to file complaints, occupational health and safety regulations and recruitment laws) are governed by provincial and territorial legislation. Employers of foreign workers must also comply with these laws in order to meet IMP requirements.\nAcceptable changes\nEmployers are not required to inform IRCC of changes in working conditions. However, they must provide evidence of an acceptable justification [R209.2(3)] at the time of an inspection should there be differences between the working conditions offered and those found during the inspection.\nIf the change in working conditions (such as a reduction in hours or salary) negatively affects the worker, a new offer of employment and a new work permit are required before the change takes effect; otherwise, the employer risks being found non-compliant with the original job offer submitted to IRCC.\nAbuse-free workplace [R209.2(1)(a)(iv)]\nThe employer must “make reasonable efforts to provide a workplace that is free of abuse,” within the meaning of section R196.2(1). The definition of “reasonable efforts” in the context of providing a workplace that is free of abuse is available under the section “Employer efforts to provide abuse-free workplace.”\nDefinition of ‘abuse’\nSection R196.2(1) defines abuse as the following\nphysical abuse, including assault and personal confinement\nsexual abuse, including sexual contact without consent\npsychological abuse, including threats and intimidation\nfinancial abuse, including fraud and extortion", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 8 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p9", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "reprisals, which consists of any measure taken by or on behalf of an employer against a foreign national that affects their employment or working conditions and that was taken because the foreign national reported that the conditions in R209.2 or R209.3 have not be met or has in good faith cooperated with an inspection. [R196.2(2)]\nNote: Examples of reprisal may include, but are not limited to: reduction of worker’s hours, demotion, early end of contract (dismissal), or threats of the same.\nCharges or convictions for certain criminal offences could lead to an inspection\nIn addition to the types of abuse outlined in the IRPR, if IRCC receives information indicating that an IMP employer or one of its employees (a Canadian citizen, permanent resident or temporary foreign worker) has been accused or convicted of any of the following abuse-related crimes, that employer may be inspected (based on the trigger “reason to suspect”) to determine whether reasonable efforts have been made to provide a workplace free of abuse:\nphysical or sexual assault in the workplace\nan offence causing death or bodily harm to an employee\ntrafficking in persons (or a related offence)\nuttering threats to cause death or bodily harm to an employee\nharassment in the workplace (including bullying)\nfraud or extortion against an employee (including withholding pay without reason and paying the employee significantly below what was agreed to in the offer of employment)\nApplication of condition\nFor the purposes of an inspection, the employer is the person or organization submitting the offer of employment under section R209.11 .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 9 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p10", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Where an employer holds sole supervisory authority in the workplace (for example, small employers and sole proprietors), they are solely responsible for complying with this condition.\nHowever, for larger employers with more complex organizational structures, everyone who is in a supervisory role, particularly those responsible for supervising foreign workers, has a shared responsibility to comply with this condition.\nIf abuse is perpetrated by a third party (defined as a person or organization acting on an employer’s behalf, such as a recruiter, consultant or subsidiary), the employer may be found responsible for the actions of that third party. In this case, the employer will be expected to demonstrate efforts to address the abuse perpetrated by the third party.\nEmployer efforts to provide abuse-free workplace\nTo verify whether reasonable efforts have been made, the following 3 elements will be considered:\nAn employer has made general efforts to prevent workplace abuse.\nThe employer or anyone in a supervisory role or acting on the employer’s behalf has not actively participated in abuse, including failing to stop abuse of which they had knowledge.\nWhere an allegation or incident of abuse occurred, steps were taken to address it and prevent it from happening again.\nAn employer will be deemed non-compliant where a determination is made of a failure by the employer to demonstrate compliance with any of the elements, including the occurrence of abuse.\nA. Efforts to prevent workplace abuse in general\nIndicators of general efforts made by an employer to prevent workplace abuse may include, but are not limited to, the following:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 10 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p11", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "development and distribution of policies and procedures that address situations of abuse in the workplace (for example, what to do if an employee or supervisor is aware of or is experiencing abuse)\nmechanisms to address and resolve workplace abuse, which could include complaints policies and protocols, dispute resolution mechanisms, an employee representative or contact person, employee counselling and anonymous hotlines\nrecent training (within the last 2 years) provided to employees and supervisors to identify and recognize abuse and to address it\nindication that the employer was aware or should have been aware of the risk of abuse relating to particular staff members or particular situations where workers are or were at risk\nindication that the employer took reasonable steps to ensure that employees with known abusive or violent tendencies do not have direct contact with foreign workers, and that steps were taken to address it and prevent it from happening again\nWhile all employers must make efforts to provide a work environment that is free of abuse and violence, not all employers will have the same types of policies and procedures in place to deal with matters of abuse. The employer must provide sufficient information to enable verification of compliance with the regulatory condition. However, officers can use the indicators listed above in their assessments.\nB. Information suggesting that abuse in the workplace has occurred\nSubparagraph R209.2(1)(a)(iv) requires employers to make reasonable efforts to provide a workplace free of abuse. In order to meet this condition, employers should be asked to demonstrate efforts taken to prevent abuse generally, as well as any measures taken to respond to specific allegations or instances of abuse that have occurred.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 11 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p12", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If an employer is found to be directly responsible for abusing a foreign worker, the employer will be deemed non-compliant and will be subject to applicable consequences. The employer may be considered responsible in situations such as the following:\nThe employer, a supervisor or a third party acting on the employer’s behalf has personally abused a foreign worker.\nThere is information to suggest that it is more likely than not that the employer, a supervisor or a third party has directed, encouraged or supported abuse (including failing to act when they have knowledge of abuse) committed by another individual.\nThere is information to suggest that the employer, a supervisor or a third party has taken action to protect the abuser by discouraging or preventing a report of abuse to authorities, suppressing information pertaining to abuse or providing false or misleading information to authorities (including ESDC).\nThere is information to suggest that the employer or a supervisor has knowingly placed another employee, who has been convicted of a violent crime or abuse against an employee and has not undergone a rehabilitation process, in a position that directly interacts with foreign workers.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 12 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p13", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To determine whether abuse in the workplace has taken place, IRCC must ensure that all relevant information is taken into consideration and make a determination as to whether it is more likely that abuse occurred or did not occur (on the balance of probabilities). The outcome of any relevant legal procedure, where available, will be considered. Whereas a criminal conviction requires proof beyond a reasonable doubt and can take considerable time following an initial charge, IRCC may initiate an inspection and find an employer non-compliant following an allegation (no criminal conviction is required).\nTo determine whether abuse occurred, officers should consider the following information:\nknowledge of a conviction under the Criminal Code for an offence related to abuse of an employee\ndetails of any relevant allegation or information as it relates to abuse of an employee that IRCC has received or has been made aware of\nrelevant information, documents or statements gathered from the employer and employees during the course of an inspection\nrelevant information, documents or statements obtained from relevant provincial or federal authorities in accordance with applicable information-sharing agreements\nrelevant information gathered from public sources (for example, relevant media reports, including those with respect to allegations, criminal charges, convictions or provincial offences)\nWhere there is evidence of a possible provincial or territorial offence or of criminal behaviour regarding abuse on the part of the employer or other employees, IRCC will notify the relevant authorities in accordance with applicable procedures and directives related to information sharing.\nC. Efforts to respond to or prevent the reoccurrence of abuse", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 13 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p14", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Reasonable efforts to provide a workplace free of abuse, after an incident of abuse or an allegation of abuse for which the employer may not be considered actively responsible, require the employer to demonstrate concrete changes of practice or policy, such as the following:\nindication of relevant disciplinary action, such as the dismissal of a staff member considered to be a risk to cause future abuse\nmodifications made to any of the policies, protocols, training or mechanisms listed in section A, or the creation of policies, protocols, training or mechanisms, etc.\nother organizational changes to improve the awareness, safety or protection of individuals, such as additional security measures (locks, lights, individuals on call, etc.)\nnew reporting factors (for example, managers’ performance reviews that are based on the implementation of new abuse awareness policies)\nfull cooperation with the relevant authorities investigating allegations or instances of abuse\nFor this element, the employer must provide satisfactory responses to requests made in accordance with the department’s inspection authorities. Where IRCC has determined that abuse has occurred, the onus is on the employer to provide sufficient evidence of reasonable efforts to prevent abuse from reoccurring. In addition, where IRCC has determined that there is not sufficient evidence to conclude that abuse has occurred, but that there is sufficient information to cause reasonable concern that abuse may have occurred, the onus is also on the employer to provide sufficient evidence of compliance with this element.\nTo demonstrate sufficient efforts to respond to actual instances of workplace abuse, employers must be able to explain the specific actions taken. Such actions could include some or all of the following:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 14 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p15", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "assessment of the facts\nprovision of support measures for the person who made the allegation (for example, receipts for medical care or counselling)\nwhere appropriate, referral to relevant federal or provincial authorities (for example, the police)\nresult and action taken (for example, firing the perpetrating employee or ensuring they will not have contact with temporary foreign workers)\nemployer follow-up with the victim(s)\nfollow-up on the effectiveness of any changes made\nAccess to health care services [R209.2(1)(a)(viii)]\nAs of September 26, 2022, employers must be able to demonstrate that they made reasonable efforts to provide access to health care services if a foreign national becomes ill or is injured at the work place. Reasonable efforts could include:\ncalling for emergency services (e.g., 911)\narranging a doctor appointment or visit to walk-in clinic\nseeking or providing first aid if necessary, including rescue breathing and CPR until emergency help arrives\nhaving the worker assessed by the health and safety officer on site (if applicable)\nThis list is not exhaustive and reasonable efforts will vary depending on the situation and illness. Employers are not expected to pay for transportation to a health facility but are expected to make it accessible, such as calling a taxi .\nNote: When a person becomes ill or injured at work, scenarios and responses can vary. In any situation, it is required of employers to have in place the means for personnel to report any injuries or illnesses to a supervisor(s) or another worker(s) right away who have the means to contact local emergency, such as having a nearby phone to call ‘911’ and/or having a supervisor/colleague commute the injured or ill worker to a local hospital or clinic.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 15 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p16", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the worker does not need emergency services, employers are still required to make other efforts, such as having first aid kits made both accessible and nearby, guidelines for staff (e.g., “What to do in the event of an injury…”) and/or having someone accompany the worker to a local clinic.\nThe longer work-related injuries go unreported, the harder it will be to prove that the injuries were from the workplace itself. As a result, the employer is expected to respond to the injury/illness the same day it is observed.\nIf a worker becomes sick or injured when working from home (remotely and physically in Canada), the employer is required to adhere to this requirement by any means possible. For example, see that the worker can first and foremost tend to their injury and leave work, and that the employer call ‘911’ and direct emergency services to the worker’s place of residence, if needed.\nNo charging or recovering recruitment or employer compliance fees [R209.2(1)(a)(ix & x)]\nAs of September 26, 2022, under R209.11 (e ), when employers are submitting an offer of employment, they must attest that neither they, nor any person who recruited the foreign national on their behalf, have, directly or indirectly, charged or recovered from the foreign national employer compliance fees [ R303.1(1) ] or recruitment fees, except immigration processing fees related to the application.\nDuring the period of employment, employers and any persons who recruited the foreign national on their behalf can not directly or indirectly charge or recover from the foreign national the employer compliance fee [R303.1(1)] or recruitment fees, except immigration processing fees related to the application.\nFees definition", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 16 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p17", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The terms “ fees related to employment services ” or “ recruitment fees ” refer to any fees or costs incurred in the recruitment process in order for workers to secure employment or placement , regardless of the manner, timing, amount or location of their imposition or collection.\nThese fees may be one-time or recurring and cover recruiting, referral, or placement services. They could also include advertising, disseminating information, arranging interviews, submitting documents for government clearances, confirming credentials, organizing travel and transportation, or placement into employment.\nExamples of prohibited recruitment fees include:\npayments for recruitment services offered by labour recruiters, whether public or private, in matching offers of and applications for employment — placement fees, “cash-for-jobs” schemes\npayments made in the case of recruitment of workers with a view to employing them to perform work for a third party — fees that a foreign national must pay for assistance with finding employment in Canada\npayments made in the case of direct recruitment by the employer — any expenses incurred by the employer that are integral to the recruitment of the foreign national\npayments to recover recruitment fees from workers — fees that an employer must pay for assistance or advice in the hiring of foreign nationals, including the referral of foreign nationals for employment\nThis definition also addresses “illegitimate, unreasonable and undisclosed costs:” extra-contractual, undisclosed, inflated or illicit costs are never legitimate. Examples of these costs include bribes, tributes, extortion or kickback payments, bonds, illicit cost-recovery fees, and collaterals required by any actor in the recruitment chain.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 17 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p18", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A person who recruits for the employer includes anyone who:\nfinds or attempts to find an individual for employment with the employer;\nassists another person in finding or attempting to find an individual for employment with the employer; or\nrefers a foreign national to another person who finds or attempts to find an individual for employment with the employer.\nRecruitment services means services that consist of:\nseeking or obtaining employment for a client;\nassisting or advising any person with respect to seeking or obtaining employment for a client;\nassisting or advising an employer or another person with respect to hiring a client; or\nreferring a client to another person who offers any of the services referred to above.\nIndirect charging or recovery refers to measures taken by an employer or anyone recruiting on their behalf to receive compensation for recruitment fees from a foreign national without explicitly charging or deducting from wages for this purpose. These measures include but are not limited to:\nvarying or reducing benefits or conditions of a foreign national’s employment\nrequiring a foreign national to perform additional tasks on a “volunteer” basis for business or non-business related activities to the benefit of the employer or recruiter\nrequiring the foreign worker to live in accommodation provided by the employer or recruiter at above-market rents\nin the case of entities providing immigration services to the foreign nationals to be hired while also acting as a recruiter for the employer, overcharging for the immigration services provided to the foreign nationals\nProvide information on a foreign worker’s rights [R209.2(1)(a.1)]", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 18 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p19", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For each period of employment for which a work permit is issued, on or before the first day of work, the employer must share information provided by the Government of Canada. This requirement also applies to employers who continued to employ a foreign national on a work permit extension (i.e., foreign national working for the same employer) after September 26, 2022.\nNote: “First day of work” is considered when the foreign national reports for work either virtually or in person for the first time after work permit issuance during the period of the work permit.\nMake available the information on the foreign national’s rights [R209.2(1)(a)(ii.1)]\nThe employer is required to ensure that this information is also available to the worker during the period of employment in both official languages of Canada. This means that the information should be readily available at the workplace of the foreign national throughout their period of employment. This could include providing the information on paper or in an electronic format, as long as the information is easily visible, accessible to the foreign national and without additional cost to them, and without needing to go through the employer.\nFor example, the employer may post the information in an “accessible location,” such as a cafeteria or break room, or a company website. Such a location may be physical or virtual, so long as it is one that is easy for the worker to access and where the worker is likely to spend time regularly.\nThe employer can share the information electronically in this situation; it is imperative to have unencumbered access to the digital site where this information can be found, as well as a reliable internet connection and access to a computer.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 19 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p20", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Examples of these situations could include where an employer has a company landing page where bulletins and important information is posted.\nVerifying the accuracy of information provided [R209.2(1)(b)(i)]\nEmployers must be able to demonstrate that the information they provided in the offer of employment [ R209.11 ] or at the request of an officer during the work permit application process was accurate at the time of submission.\nInaccurate information is considered false, incorrect or misleading information, or omitted information that the employer was required to provide.\nNote: The offer of employment information must be provided to IRCC before the foreign national makes an application for a work permit [R209.11]. Employers must provide all accurate information pertaining to the offer in the fields provided in the Employer Portal. The Employer Portal does not allow for “attached documents,” and any references made by the employer to documents attached to the work permit application will not be considered as part of the offer of employment submitted to IRCC. If the offer is not complete, the employer may be required to resubmit a properly completed offer in the Employer Portal before the work permit can be issued, or the work permit application may be refused.\nGenerally, for compliance inspections, accuracy should be reviewed only if there is reason to suspect the employer may have provided inaccurate information in the offer of employment or when the work permit was processed.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 20 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p21", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To make a determination that the information was inaccurate, there should be evidence that, at the time of submission, the information was inaccurate. There may be some indication that the employer may have been attempting to circumvent requirements or induce an error in the administration of the Act. However, officers need only be satisfied that the information was inaccurate at the time it was submitted and do not need to examine the intent of the employer.\nNote: This is a verification of the accuracy of the information provided in the offer of employment submitted by the employer or in submissions during the work permit application process and is not a reassessment of the work permit issuance. Therefore, as part of an inspection, the employer should be asked only to demonstrate the accuracy of information already provided.\nAccuracy of information applies to all sections of the offer of employment and includes all information provided and declarations made during work permit processing.\nFactors to consider include the following:\nEmployers are responsible for ensuring that all the information submitted in their offer of employment and all documents submitted during work permit processing were accurate at the time of submission.\nIt must be recognized that honest errors and misunderstandings sometimes occur in completing offers of employment fields and in responding to questions.\nInaccurate facts are not restricted to facts directly applicable to employer conditions (for example, wages and benefits), but apply to any field in the offer of employment (for example, an explanation of the LMIA exemption, the size of the business, declarations).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 21 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p22", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers must apply the aforementioned guidelines designed to support the consistent and fair application of the accuracy of information section. It is not possible to provide an exhaustive list of all scenarios. In each case, all the relevant information and the circumstances should be carefully considered.\nThe following situations would generally constitute inaccuracy in the offer of employment or during work permit processing:\nThe employer indicates in the offer that the duration of employment will be 24 months but signs a contract with the temporary worker before the work permit is issued for only 12 months.\nThe employer enters a higher wage on the offer submitted to IRCC than that actually paid to the worker.\nThe employer states “not applicable” in the benefits field, when the benefits are actually being provided by a foreign employer.\nThe employer signed the declaration that they are compliant with the provincial or territorial laws but knows that it has been charged with, or received a citation for, a provincial or territorial labour infraction.\nAn employer who submitted inaccurate information is justified if they made reasonable efforts to comply, as per subsection R209.2(4) .\nThe following would generally constitute examples where the employer made reasonable efforts to provide accurate information:\nIn the offer of employment, the employer submitted an alternative compensation scheme because the wages were to be paid by a foreign entity or a third party, but the wage information proved to be incorrect; therefore, the employer tried to obtain and verify the wage information from the foreign entity or third party.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 22 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p23", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The employer is paying a foreign company to service equipment, which the foreign worker is fulfilling. In the offer, the employer indicates that the foreign worker’s salary is the contract amount that is being paid to the foreign company. During the inspection, the employer states that they were unaware of the actual amount the foreign company is paying the worker, so they just indicated the contract amount in the salary section of the offer.\nThe foreign worker is not performing standard work hours (for example, 8 hours per day), but the employer indicates standard work hours in the offer of employment. During the inspection, the employer provides a contract indicating the actual non-standard work hours, which are also reflected in the timesheets and payroll statements. The employer mentions they thought they needed to put standard hours in the offer.\nThe foreign national is being paid an annual salary, and the employer incorrectly calculates a higher hourly rate than the actual amount in the offer. The contract indicates the correct annual salary, and the payroll reflects the same. The employer mentions they made an error in calculating the salary and indicates what the actual hourly rate should have been in the offer.\nChanges to the offer of employment after the work permit is issued\nTypically, a foreign worker does not need a new work permit unless there has been a change to the conditions that affect the worker (for example, a change in the employer, the occupation or the location).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 23 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p24", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If, after a foreign worker has started working, the employer wishes to make changes to their salary or benefits, the employer cannot amend the benefit information in the offer of employment that was submitted to IRCC after the work permit application has been submitted by the foreign national.\nProactive notification to IRCC of changes to such aspects of the foreign worker’s employment is not required under the IMP. However, the employer who provided the offer on which the work permit is based is still responsible for ensuring that the wages and benefits are consistent with what was stated in the offer of employment. Employers may be inspected on the conditions listed above; therefore, they will have to provide proof at the time of inspection that they met these conditions or provide a justification for why they did not. The employer must keep all documents related to any changes in the original offer of employment submitted to IRCC.\nEmployers who have concerns that they are not meeting conditions of the offer of employment can use the voluntary disclosure process. In addition, there are certain situations where an officer may have changed the information in the work permit when processing (see changes between the offer of employment and the work permit application ).\nWhere it is determined that an employer has provided false, inaccurate or misleading information on the offer of employment, knowingly omitted information or knowingly provided false or misleading information during an inspection, IRCC may find that the employer did not make reasonable efforts to comply with the condition and that they are therefore non-compliant.\nDocument retention by employers [R209.2(1)(b)(ii)]", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 24 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-8-p25", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Assessing compliance conditions", + "marginal_note": "Assessing compliance conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The compliance regulations enable IRCC to compel employers to produce documents for the purpose of verifying compliance. Employers are required to retain all documents from the first day of the associated work permit issuance to 6 years thereafter to substantiate the accuracy of information provided in the offer of employment and to demonstrate their compliance with the conditions outlined above in the section: “ Compliance conditions imposed on employers [R209.2] .”\nDocuments employers should retain include, but are not limited to, those related to the hiring and employment of each foreign national they hire. Examples include, but are not limited to, such records as payroll information, job description, job offer/employment agreement, receipts for disbursements, records of registration for private health insurance, evidence (e.g., email or other correspondence) that the employer made reasonable efforts to determine that the recruiter they used is not charging fees. Employers must be able to demonstrate that any information they provided under section 209.11 [as well as information provided in the offer of employment ( 200(1)(c)(ii.1 )] was accurate. As a result, employers should retain the employment agreement signed by the employer and the foreign national.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing compliance conditions (part 25 of 25)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-9-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Documents that may be used to verify employer compliance", + "marginal_note": "Documents that may be used to verify employer compliance", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Employers must cooperate and provide documents as requested in order to demonstrate compliance. Information must always be collected following departmental information collection authorities and privacy laws. In some cases, certain information provided by the employer will need to be redacted (for example, social insurance numbers or other information that is not relevant to an inspection).\nDocuments employers may be asked to provide to demonstrate compliance include the following:\nBusiness licence or permit, T2 Schedule 125 Income Statement Information, T2 Schedule 100 Balance Sheet Information, commercial lease agreement, etc.: To demonstrate that the job offer for foreign workers is genuine and that the employer is actively engaged in the business in which the offer was made. In addition to these documents, a T4 Summary of Remuneration Paid may be used to support the total wages paid to a foreign worker.\nProvincial or territorial employer and recruiter registration certificate or licence (where applicable): To demonstrate compliance with federal and provincial or territorial employment and recruitment legislation.\nAnti-abuse policies, codes of employee conduct, guidelines provided to staff, protection or support protocols to staff, training, steps taken to resolve complaints of abuse, anti-harassment policies, protocols, etc.: Evidence that the employer has made reasonable efforts to provide a workplace free of abuse (in assessing this, all available information will be weighed).\nPayroll records: To ensure the appropriate prevailing wage and overtime are being paid and deductions are being made (Canada Pension Plan, employment insurance, income tax), to explain any non-standard deductions and to ensure the working hours match those stated in the offer.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documents that may be used to verify employer compliance (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-9-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Documents that may be used to verify employer compliance", + "marginal_note": "Documents that may be used to verify employer compliance", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Cancelled cheques paid to the worker, money orders or bank statements: To determine whether employers have provided temporary foreign workers with wages, working conditions and appropriate compensation.\nTime sheets: To ensure workers are working the number of hours set out in their offer of employment (in most cases, this is usually defined as 30 or more hours per week).\nA job description: To ensure foreign workers are working in the same occupation as that stated in the offer, the NOC matches the occupation, the occupation qualifies under the LMIA exemption and the occupation follows Canadian labour standards.\nRegistration with provincial or territorial workplace safety insurance or workers' compensation clearance letter (if applicable): To ensure the employer has registered for workplace safety insurance and is in good standing, to ensure that workers are covered in case of injury.\nTravel itinerary or invoices (if applicable): To determine if an employer provided round-trip transportation costs for foreign workers under their employment.\nAccommodation information (if applicable): Where the employer is providing accommodation, a copy of the rental agreement.\nConfirmation of insurance coverage (if applicable): Proof the employer paid for insurance as indicated on the offer of employment (the documentation provided as proof of payment should not include financial account numbers).\nEmployment agreement: Employers may be required to submit a copy of the jointly signed agreement during an inspection to demonstrate compliance.\nNote: This is not an exhaustive list. Employers should keep a record of all documentation in order to demonstrate compliance with program requirements.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documents that may be used to verify employer compliance (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-10-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Decision-making", + "marginal_note": "Decision-making", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The instrument of designation and delegation designates specific positions within IRCC as decision makers in regard to inspections and determinations.\nJustifications\nSubsections R209.2(3) and R209.2(3.1) set out specific justifications that may apply if an employer has not complied with conditions imposed under sections R209.2 and R209.4 .\nThese justifications include the following:\nchange in a federal, provincial or territorial law (for example, an increase in the minimum wage)\nchange to a collective agreement (for example, an increase or decrease in salary)\nchanges in economic conditions impacting all employees equally (for example, an economic downturn causing layoffs)\nerror in interpretation made in good faith if the employer subsequently provided compensation (for example, missed vacation pay)\nunintentional accounting or administrative error if the employer subsequently provided compensation (for example, wrong compensation value entered into the payroll system)\ncircumstances similar to points (a) to (e), which may require compensation if they are similar to point (d) or (e)\nforce majeure (for example, a fire or flood destroys a place of business)\nCompensation\nIn order to benefit from justification, compensation or efforts to compensate must be demonstrated before a preliminary decision is made. Otherwise, compensation or efforts to compensate will be considered only in point calculation.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Decision-making (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-10-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Decision-making", + "marginal_note": "Decision-making", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The IRPR require that, if it is determined that the actual wages paid are different from those set out in the offer of employment and the reason is due to circumstances similar to point (d) or (e), the employer must either provide compensation or (if compensation is not possible) demonstrate sufficient efforts to do so. During an inspection, the employer must inform IRCC of any compensation that has been provided to all temporary foreign workers who suffered a disadvantage resulting from the employer’s error.\nCompensation may not be possible in the event of a dramatic change in economic conditions that directly impacts the business, in the event of force majeure, or in the event that the temporary foreign worker has already gone home, in which case the employer must demonstrate sufficient efforts to contact the foreign worker to provide compensation.\nEfforts to compensate\nWhere applicable, the employer must be able to demonstrate that they made sufficient efforts to provide compensation (for example, cancelled schedules paid to the worker or attempted correspondence with the worker). If the employer cannot demonstrate sufficient efforts, they may be deemed non-compliant.\nR209.2 (3.1) sets out specific justifications that may apply if an employer has not complied with conditions imposed under sections R209.2 (1)(a)(ix) and (x). If the fees referred to in R209.2 (1)(a)(ix) and (x) were incorrectly charged or recovered from the foreign national directly or indirectly, the employer must have made all reasonable efforts to comply with the conditions and must have subsequently provided full compensation to the foreign national for any such fees in order for their failure to comply to be justified.\nInspection result: compliant, compliant with justification or non-compliant", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Decision-making (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-10-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Decision-making", + "marginal_note": "Decision-making", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Based on a review of all available information, possible inspection outcomes are the following:\nCompliant: The employer has complied with all conditions reviewed as set out in the regulations or has provided sufficient evidence that their failure to meet all the conditions as set out in paragraph R209.2(1)(a) is justified because it results from one of the situations identified in subsections R209.2(3), R209.2(3.1)R209.2(4) and R209.4(2).\nCompliant with justification: An employer’s failure to comply with the conditions set out in paragraph R209.2(1)(b) is justified because the employer made all reasonable efforts to comply with the conditions as per subsection R209.2(4). In the case of conditions set out in section R209.4, non-compliance may also be justified if it results from anything done or omitted to be done by the employer in good faith as per subsection R209.4(2).\nNon-compliant: The employer fails to demonstrate that they are in compliance with the conditions under the IRPR, and the failure is not justified. Non-compliance is determined where the employer submitted documentation or information that, when assessed, indicates that the employer has not complied with one or more of the conditions in section R209.2 and that one of the following applies:\nThe employer has failed to provide an acceptable justification.\nThe justification provided requires the employer to undertake compensation and the employer has not done so.\nA finding of non-compliance may also be made if an employer refuses to provide requested documentation or is otherwise uncooperative during an inspection as per section R209.4.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Decision-making (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-10-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Decision-making", + "marginal_note": "Decision-making", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For information on assessing administrative monetary penalties or periods of ineligibility (bans) in regard to hiring foreign workers, refer to Application of consequences where an employer is found non-compliant with the conditions .\nNote: The examples of non-compliance outlined above are not all-encompassing, and analysts may encounter other irregularities that could lead to a recommendation of non-compliance.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Decision-making (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-68-11", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer compliance inspections — Related links", + "marginal_note": "Related links", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Assessing the genuineness of the offer of employment on a work permit application – R200(5)\nPublic list of employers who have been non-compliant\nEmployer-specific work permits with Labour Market Impact Assessment exemptions\nOpen work permits for vulnerable workers", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Related links", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html" + }, + { + "id": "pdi-tr-69-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Revocation of work permit due to public policy considerations", + "marginal_note": "Revocation of work permit due to public policy considerations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nIn 2013, amendments to the Immigration and Refugee Protection Act (IRPA) provided the Minister of Immigration, Refugees and Citizenship Canada (IRCC) (then Citizenship and Immigration Canada [CIC]) with the authority to issue Ministerial Instructions (MIs) specifying when IRCC can revoke a work permit and the Minister of Employment and Social Development Canada (ESDC) with the authority to issue MIs specifying when ESDC can revoke, suspend, or refuse to process a Labour Market Impact Assessment (LMIA). This authority for MIs is tied to the overall objectives that the Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP) be used as intended and that the employment of the temporary foreign workers does not have a significant negative effect on the Canadian labour market or economy.\nIRCC has issued MIs under the new subsection 30(1.41) of the IRPA regarding the revocation of work permits based on the public policy considerations. The designated authority ( PDF , 922.26 KB ) and final decision to revoke work permits is limited to specific positions in IRCC Case Management Branch (CMB) only.\nThe MIs took effect on December 31, 2013.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Revocation of work permit due to public policy considerations", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/revocation-work-permit-public-policy-considerations.html" + }, + { + "id": "pdi-tr-69-1-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Revocation of work permit due to public policy consideration — Ministerial Instructions public policy considerations", + "marginal_note": "Ministerial Instructions public policy considerations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Subsection A30(1.41) allows for an officer to revoke a work permit if, in the officer’s opinion, public policy considerations that are specified in instructions given by the Minister justify the revocation. Ministerial Instructions 11 (MI11): Work Permits specify the public policy considerations.\nThe public policy considerations that may justify revocation of a work permit are as follows:\nA. Revocation of a work permit where the associated LMIA has been revoked\nWhen ESDC has revoked an LMIA for public policy considerations under paragraph A30(1.43)( a ), a designated IRCC officer may subsequently revoke any work permit that was issued based on the revoked LMIA. Revocation of the LMIAs will be assessed by ESDC on a case-by-case basis based on the public policy considerations summarized below:\nnew information that employment of the temporary foreign worker has or will have a significant negative effect on the labour market;\nemployer providing false, misleading or inaccurate information;\nemployer’s name has been added to the ineligible employer list .\nESDC will notify IRCC through the CMB, Compliance Inspections and Investigations Division (CIID) mailbox when they begin to consider revoking an LMIA for any of the public policy considerations under their MIs.\nOnce notified, the CMB will\nidentify all work permits issued, refused or pending associated to the LMIA under consideration for revocation and provide this information to ESDC;\ninput an “Info Alert – Tip Information” in the Global Case Management System (GCMS) on the Client screen or a case note in pending applications; and", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Ministerial Instructions public policy considerations (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/revocation-work-permit-public-policy-considerations.html" + }, + { + "id": "pdi-tr-69-1-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Revocation of work permit due to public policy consideration — Ministerial Instructions public policy considerations", + "marginal_note": "Ministerial Instructions public policy considerations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "contact the visa office where a work permit application has been approved (given a port of entry [POE] Letter of Introduction) but the foreign national has not yet arrived at the POE and been issued the work permit.\nThe visa office will attempt to contact the foreign national and inform them not to travel. ESDC will also be informing the employer to contact their employees with this instruction.\nSee Processing instructions below for further information.\nB. Revocation of an LMIA-exempt work permit where the employment of the foreign national is having a significantly greater negative effect than benefit with respect to the development of a strong Canadian economy\nSpecific policies for this public policy consideration are under development. Processing officers may provide information for review by the CMB through the CIID mailbox where they believe that the information they possess may warrant action under the MIs. Officers should provide as much information as possible for the CMB to use for follow-up as required.\nC. Revocation of a work permit where the employer has provided false, misleading or inaccurate information\nIn order for this public policy consideration to be applied, the employer must have been the source of the false, misleading or inaccurate information provided to IRCC.\nIf the foreign national is the source of the false, misleading or inaccurate information, processing officers should assess the misrepresentation as per section A40. Please see the Enforcement Manual chapter ENF 1 ( PDF , 618.98 KB ) for further instructions on inadmissibilities.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Ministerial Instructions public policy considerations (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/revocation-work-permit-public-policy-considerations.html" + }, + { + "id": "pdi-tr-69-1-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Revocation of work permit due to public policy consideration — Ministerial Instructions public policy considerations", + "marginal_note": "Ministerial Instructions public policy considerations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Example: The employer provides documents directly to IRCC (offer of employment or information upon request of an officer) to support an LMIA-exempt work permit application, indicating the business had a positive income. After work permit issuance, information is obtained that employer has declared a loss on his business tax return for the same time period.\nD. Revocation of a work permit where the employer’s name has been added to the ineligible employer list under subsection 209.91(3) of the Immigration and Refugee Protection Regulations  (IRPR)\nOnce IRCC or ESDC places an employer on the ineligible employer list under subsection R209.95 (1) , the work permits associated with the employer may be revoked.\nE. Revocation of an LMIA-exempt work permit issued to any foreign national on the basis of their relationship with another foreign national and the principal foreign worker’s work permit is now revoked (e.g., exemption C41)\nIf a spouse or common-law partner was issued an LMIA-exempt work permit under the public policy, competitiveness and economy (i.e., spouse of a high skilled worker) and the principal worker’s work permit is revoked, the spousal work permit will also be revoked.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Ministerial Instructions public policy considerations (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/revocation-work-permit-public-policy-considerations.html" + }, + { + "id": "pdi-tr-69-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Revocation of work permit due to public policy consideration — Processing instructions", + "marginal_note": "Processing instructions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Associating spouses or common-law partners at time of work permit issuance\nIn order to facilitate the revocation of spousal work permits when the principal foreign workers work permit has been revoked, processing officers will ensure that for any work permit issued under LMIA-exemption code C41, the principal foreign worker is associated to the C41 work permit holder. See Public policy, competitiveness and economy .\nSteps for revoking work permits\nStep 1: Information received by IRCC regarding a situation that may meet one of the public policy considerations\nOne of the following applies:\nESDC will provide information to the CMB CIID when they are reviewing an LMIA for revocation and request confirmation of work permit status for all positions listed on the LMIA. ESDC will inform the CMB CIID when a final decision is made to revoke an LMIA.\nA IRCC employee may receive information from a variety of sources that a public policy consideration may have been triggered for an LMIA-exempt employer. The IRCC employee will refer the information to the CMB CIID mailbox, indicating in the subject line that the referral is in regard to the MIs. The email should include all available information and documentation the officer has received.\nStep 2: Procedural fairness steps to be taken by the CMB to the employer\nWhere an employer has not had an opportunity to respond to any allegations, the CMB will contact the employer with a request for confirmation of the information and provide 30 business days for response. The letter should include a request for the list of foreign workers presently in their employ who are affected by the specific public policy consideration and for the employees’ direct contact information.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Processing instructions (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/revocation-work-permit-public-policy-considerations.html" + }, + { + "id": "pdi-tr-69-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Revocation of work permit due to public policy consideration — Processing instructions", + "marginal_note": "Processing instructions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If, after receiving the information from the employer, the analyst is of the opinion that the employer’s situation falls within the public policy considerations, the analyst will complete the template “Revocation of Work Permit Assessment” and refer the request, supporting evidence and their recommendation to a designated decision maker ( PDF , 922.26 KB ) for a final determination.\nThe decision maker will review the information and make a final determination as to whether the situation falls within the public policy considerations for revocation of work permits.\nStep 3: Decision made to revoke\nWhen the decision is made to revoke the work permits based on the public policy considerations specified in the MIs, the foreign worker will be sent a notification letter stating that their work permit will be revoked in 90 days. The foreign national will have temporary resident status and continued authorization to work until the specified date in the letter. This allows time for the foreign national to arrange to leave Canada or submit an application for a new work permit with a new employer. If applicable, the associated spouse or common-law partner will also be sent a notification of revocation of work permit at the same time.\nThe notification letter will be sent by email if one was provided with the work permit application and/or a hard copy mailed to the contact address provided by the employer in the first procedural fairness step.\nThe employer will also be sent a notification letter with the information regarding the work permits that were revoked.\nA Re-Assess TR Authorization activity with a subcategory of work permit will be created in GCMS. The Re-assessment reason field will show Revoke Authorization.\nStep 3: Decision made to not revoke", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Processing instructions (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/revocation-work-permit-public-policy-considerations.html" + }, + { + "id": "pdi-tr-69-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Revocation of work permit due to public policy consideration — Processing instructions", + "marginal_note": "Processing instructions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the decision is made that the situation does not fall within the public policy considerations, the decision maker will note the reasons in GCMS under the Re-Assess TR Authorization activity.\nThe CMB CIID will send the employer a letter indicating that the assessment is complete and no further action will be taken at this time.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Processing instructions (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/revocation-work-permit-public-policy-considerations.html" + }, + { + "id": "pdi-tr-69-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Revocation of work permit due to public policy consideration — Further contact after revocation of work permit", + "marginal_note": "Further contact after revocation of work permit", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Revocation of a foreign national’s work permit does not make the foreign national inadmissible, as the revocation is based on the employer’s actions and not the foreign national’s.\nTherefore, should the foreign national appear for examination at a POE after a work permit revocation, they should be examined as per the standard procedures.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Further contact after revocation of work permit", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/revocation-work-permit-public-policy-considerations.html" + }, + { + "id": "pdi-tr-70-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-compliant with the co", + "marginal_note": "Application of consequences where an employer is found non-compliant with the conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nAs of December 1, 2015, Immigration Refugees and Citizenship Canada (IRCC) has the regulatory authority under R209.996 to apply administrative tools, including warning letters, administrative monetary penalties and varied ban lengths to certain employers where an officer has determined, based on information obtained during an inspection and any other relevant information, that the employer committed a violation by failing to comply with one of the conditions set out in the provisions listed in column 1 of Table 1 of Schedule 2 and the failure to do so was not justified under subsections 209.2(3.1) or 209.2(4) (4), or 209.4(2) . These authorities build on the employer compliance measures introduced on December 31, 2013, including the Ministerial Instructions related to the revocation of work permits and suspended processing of work permit applications and regulatory conditions imposed on employers, and are tied to the overall objectives of the Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application of consequences where an employer is found non-compliant with the conditions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-1-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Failure to comply with conditions occurred before December 1", + "marginal_note": "Failure to comply with conditions occurred before December 1, 2015", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the failure to comply with the conditions occurred before December 1, 2015 , the Regulations as they read before December 1, 2015 [see note], continue to apply. The employer will not be able to hire temporary workers through the Temporary Foreign Worker Program or the International Mobility Program for a period of two years starting on the date the decision was made.\nOnce the inspection is completed, the officer reviews all information and documents on file, including evidence gathered during inspection and information provided by the employer. If the officer has concerns that the employer is non-compliant with the conditions, a procedural fairness letter will be sent to the employer to provide any relevant information and justifications as set out in subsection 209.2(3), 209.2(3.1) ,  209.2(4)  or 209.4(2)of the Immigration and Refugee Protection Regulations (IRPR). The employer has 30 days from the date the letter is deemed received to provide written submission, after which a determination can be made. The employer may require an extension to provide written submissions. This request can be granted if the employer requested an extension within 30 days from the date the letter is deemed received. The officer may extend the period if there is a reasonable explanation justifying the extension request.\nIf the employer fails to justify the non-compliance, the officer makes a determination regarding non-compliance with any conditions. As a result, the employer is notified, and the consequence for employers is that their name and addresses are added to a list posted on the department’s website [R209.91(3)]. Work permits may not be issued to employers added to the list for a period of 2 years from the date of the determination.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Failure to comply with conditions occurred before December 1, 2015 (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-1-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Failure to comply with conditions occurred before December 1", + "marginal_note": "Failure to comply with conditions occurred before December 1, 2015", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If an employer is added to the public list , existing foreign workers they employ may have their work permits revoked . If need be, the officer should consult ministerial instructions as published on December 28, 2013.\nNote : The regulations as they read before December 1, 2015, with regard to consequences of non-compliance with section 209.2 or 209.4 conditions are:\nR209.91 (1) : If an officer determines, on the basis of information obtained by an officer or the Minister of Employment and Social Development during the exercise of the powers set out in sections 209.6 to 209.8 and any other relevant information, that an employer did not comply with any of the conditions set out in section 209.2 or 209.4 and that the failure to do so was not justified, the Department must notify the employer of that determination and must add the employer’s name and address to the list referred to in subsection (3). [Repealed]\nR209.91 (3) : A list is to be posted on the Department’s web site that sets out the name and address of each employer referred to in subsections (1) and (2) and 203(5) and the date on which the determination was made in respect of the employer.\nThe regulation section that stipulates the two year ban is R200(3)(h): An officer shall not issue a work permit to a foreign national if: the foreign national intends to work for an employer whose name appears on the list referred to in subsection 209.91(3) and a period of two years had not elapsed since the day on which the determination referred to in subsection 203(5) or 209.91(1) or (2) was made. [Repealed]", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Failure to comply with conditions occurred before December 1, 2015 (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Failure to comply with conditions occurred on or after Decem", + "marginal_note": "Failure to comply with conditions occurred on or after December 1, 2015", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the failure to comply with conditions occurred on or after December 1, 2015, the employer is subject to a range of consequences, from warnings to administrative monetary penalties and program bans.\nThe following guidelines should be used and Ministerial Instructions should be consulted, as needed.\nR209.94 indicates that the purpose of the administrative monetary penalty (AMP) and ban system is to encourage compliance with the provisions of the Act and Regulations and not to punish. Officers should be mindful of this purpose when calculating points to determine consequences. Consequences should be proportionate to the condition breached and commensurate with the benefit the employer would derive from the non-compliance. Modifiers have been included in the Regulations for this purpose. They include:\nViolations have been classified into three types (see Table 1 of Schedule 2 );\nA distinction is made between individual or small business and large business when determining penalties (see Tables 2 and 3 of Schedule 2);\nPoints may be added to reflect the compliance history and severity of the violation;\nA violation that affects more than one foreign national constitutes a separate violation for each foreign national negatively affected; and\nThe total number of points may be reduced by four, if the employer makes an acceptable voluntary disclosure.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Failure to comply with conditions occurred on or after December 1, 2015", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Inspection, notice of preliminary finding and final determin", + "marginal_note": "Inspection, notice of preliminary finding and final determination", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To initiate an inspection, the Case Management Branch (CMB) may conduct a desk inspection. An inspection may be initiated from the first day of employment for which a work permit is issued up to a maximum of six years thereafter. For more information on employer inspections under the International Mobility Program refer to Employer compliance inspections .\nIf an officer assesses, on the basis of information provided by the employer or of any other relevant information or on the basis of evidence gathered during an inspection, that an employer has committed a violation because that employer failed to comply with one of the conditions set out in the provisions listed in column 1 of Table 1 of Schedule 2 and the failure to do so was not justified under subsection 209.2(3) or (4) or 209.4(2), the officer must issue a notice of preliminary finding to the employer [ 209.993(1) ].\nThe employer is given 30 days from the date the notice of preliminary finding is deemed received [see note] to make written submissions regarding the content of that notice. Once that 30-day period has expired, a senior officer may make a final determination on compliance based on the documents and information obtained during the inspection, the assessment made by the officer who issued the notice of preliminary finding and the submissions made by the employer.\nNote : A notice of preliminary finding is deemed to have been received 10 days after the day on which it is sent.\nThe 30-day period applies regardless whether the notice of preliminary finding was sent to the employer by mail or electronic mail.\nThe Instrument of Designation and Delegation designates specific positions within IRCC as decision makers in regards to inspections and determinations. For more information, refer to Designation of Officers and Delegation of Authority manual chapter  IL 3 .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Inspection, notice of preliminary finding and final determination", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Calculating points for violating conditions in Table 1 [R209", + "marginal_note": "Calculating points for violating conditions in Table 1 [R209.991(1)]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The process for determining the total number of points outlined in R209.991(1) of the IRPR applies in cases where the employer is found to be in violation of a specified condition outlined in Table 1 of Schedule 2 of the IRPR for a violation that occurred on or after December 1, 2015 and the violation is not justified under subsection 209.2(3) or 209.2(3.1) or 209.2(4) or 209.4(2) .\nNote : Ascribing points for a violation does not apply where the non-compliance occurred prior to December 1, 2015. In such cases, determinations of non-compliance that are not justified result in an employer’s name being added to the list posted on the Department’s website resulting in a mandatory two-year ban, regardless of the history of the employer and the severity and scope of violations.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Calculating points for violating conditions in Table 1 [R209.991(1)]", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Employer conditions", + "marginal_note": "Employer conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Sanctions are applied only when a final determination is made by a senior officer that an employer failed to comply with one of the conditions set out in provisions listed in column 1 of Table 1 of Schedule 2, and the failure to do so is not justified under subsection 209.2(3) or (4) and 209.4(2) . For IRCC, there are nine employer conditions listed in Table 1 for which an AMP or a ban or both may be applied. The nine conditions are:\nR209.2(1)(a)(i): Be actively engaged in the business in which the offer of employment was made, unless the offer was made for employment as a live-in caregiver.\nR209.2(1)(a)(ii): Comply with the federal and provincial laws that regulate employment, and the recruiting of employees, in the province in which the foreign national works.\nR209.2(1)(a)(iii): Provide the foreign national with employment in the same occupation as that set out in the offer of employment and with wages and working conditions that are substantially the same as — but not less favourable than — those set out in the offer of employment.\nR209.2(1)(a)(iv): Make reasonable efforts to provide a workplace that is free of abuse (see the definition of abuse outlined in section R196.2, Abuse )\nR209.2(1)(b)(i): Be able to demonstrate that any information provided in respect of a work permit application was accurate during a period of six years, beginning on the first day of the foreign national’s employment.\nR209.2(1)(b)(ii): Retain any document that relates to compliance with cited conditions during a period of six years, beginning on the first day of the foreign national’s employment.\nR209.4(1)(a): Report at any time and place specified, to answer questions and provide documents that relate to compliance with the conditions.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Employer conditions (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Employer conditions", + "marginal_note": "Employer conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "R209.4(1)(b): Provide the officer with any documents that relates to compliance with the conditions.\nR209.4(1)(c): Attend any inspection, unless the employer was not notified. Give all reasonable assistance to the person conducting the inspection and provide that person with any required document or information.\nA violation that is unjustified, of any of the applicable condition outlined above may be subject to a sanction. The sanction is determined through an assessment process that ascribes points for the violation(s), using criteria set out in Tables 4 and 5 of Schedule 2 of the IRPR. Tables 2 and 3 then provide the associated sanction(s) for the points.\nPoints are ascribed to violations by considering:\nCompliance history – past violations (Table 4); and\nSeverity of the violation (Table 5);\nThere are 4 points that may be subtracted if the employer provides an acceptable voluntary disclosure related to the violation before an inspection or enforcement action related to an offence, arising out of the contravention of a provision, has been initiated. The Regulations define several considerations to determine whether a voluntary disclosure is acceptable. See the section on voluntary disclosure below.\nThe total number of points is then used to determine the administrative monetary penalty ( column 2, 3 or 4 of Table 2 of Schedule 2 ), or period of ineligibility ( column 2, 3 or 4 of Table 3 of Schedule 2 ). For administrative monetary penalties, the amount will depend on the type of violation and whether it was committed by an individual or small business or a large business. The ban length will depend on the type of violation.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Employer conditions (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-5-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Employer conditions", + "marginal_note": "Employer conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note : It is important for Case Management Branch officers to consider that a justified violation under R209.2(3), 209.2(3.1), 209.2(4) or R209.4(2) applies both to non-compliance events that occurred before December 1, 2015, or after that date.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Employer conditions (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-6-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Voluntary disclosure", + "marginal_note": "Voluntary disclosure", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A voluntary disclosure is an unsolicited submission of information by an employer hiring foreign nationals under the International Mobility Program linked to that employer’s potential non-compliance with the conditions listed in R209.2. If the voluntary disclosure is found to be acceptable by an officer (see subsections R209.991(2) and (3) ), 4 points are deducted from the total points calculated under paragraph R209.991(1)(c) for the violation under the assessment. If the point value obtained under paragraph R209.991(1)(c) is less than 4, that value is to be replaced with a value of zero.\nVoluntary disclosure provides employers with the opportunity to disclose potential non-compliance of program conditions and promoting compliance which is in line with the principles of proportionality.\nVoluntary disclosure only applies to potential non-compliance that has occurred on or after December 1, 2015. The Employer Compliance Voluntary Disclosure Form (IMM 5964) ( PDF , 1.83 MB )  is available on the IRCC website.\nVoluntary disclosure is intended to encourage compliance by promoting regular self-monitoring by employers and disclosure. It is not intended to serve as a vehicle for employers to avoid any regulatory obligations.\nGeneral guidance\nA voluntary disclosure can be made for all types of violation (A, B or C).\nVoluntary disclosure is a way for employers to proactively advise IRCC of potential non-compliance, and in so doing, if accepted, will receive a deduction of 4 points from the total number of points calculated under R209.991(1)(c) for that violation.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Voluntary disclosure (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-6-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Voluntary disclosure", + "marginal_note": "Voluntary disclosure", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Not all information disclosed by employers would result in an inspection being triggered or in a determination that a violation was committed. An officer may only determine that an employer committed a violation following an inspection.\nAll disclosures should be made to IRCC using the Voluntary Disclosure form, and IRCC will acknowledge the receipt of voluntary disclosures.\nIf the employer made an acceptable voluntary disclosure in accordance with subsection R209.991 (2) and considering the factors in subsection R209.991(3), and the value obtained under paragraph 209.991(1)(c)\n(i) is four or more, the officer subtracts four points from the value obtained under that paragraph , or\n(ii) is less than four, the officer replaces that value with a value of zero.\nAn employer may be found to have committed more than one violation as a result of an inspection. As the total number of points for each violation is calculated separately, an acceptable voluntary disclosure and the associated points’ reduction are likewise applied to each violation separately. It is possible that an officer can find that the employer provided acceptable voluntary disclosure for some violations, and not for others. The points’ reduction would only apply for violations disclosed via an acceptable voluntary disclosure.\nAcceptable voluntary disclosures\nIn order to determine the acceptability of a voluntary disclosure, officers must assess whether the criteria outlined in R209.991(2)(a) and R209.991(2)(b) are met and consider the factors outlined in R209.991(3)(a)(b)(c)(d) and (e).\nTo be deemed an acceptable voluntary disclosure, the disclosure must be complete and voluntary:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Voluntary disclosure (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-6-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Voluntary disclosure", + "marginal_note": "Voluntary disclosure", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Completeness – R209.991(2)(a): The information and documentation provided must be complete as related to the violation(s) disclosed. For example, the employer should disclose the full scope of the non-compliance and the relevant condition(s) they failed to uphold. Omitting key details from a voluntary disclosure would render the voluntary disclosure incomplete.\nVoluntary – R209.991(2)(b): At the time of the voluntary disclosure, there should be no inspection underway, nor any enforcement action related to an offence arising out of the contravention of a provision of the IRPA undertaken in respect of the employer making the voluntary disclosure.\nVoluntary disclosure considerations\nR209.991(3) defines several considerations to determine whether a complete and voluntary disclosure is acceptable. They are:\nSeverity – To ensure proportionate consequences for violations, and uphold the objectives to protect foreign nationals working in Canada and the Canadian economy, a voluntary disclosure should only be accepted for violations that are not severe (not to be confused with Severity Table).\nAn officer may wish to consider the following factors when determining the severity of the impact on the foreign national [ R209.991(3)(a) ]:\nThe number of foreign nationals negatively affected by the violation, even if that number is disclosed by the employer;\nWhether any abuse of a foreign national took place as part of the violation (physical, psychological, sexual or financial);\nDuration of non-compliance and remedial or preventative actions to date.\nAn officer may wish to consider the economic gain the employer may have obtained as a result of the violation when determining the severity of the impact on the Canadian economy[ R209.991((3)(b) ].", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Voluntary disclosure (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-6-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Voluntary disclosure", + "marginal_note": "Voluntary disclosure", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Timeliness – R209.991(3)(c) : Acceptable voluntary disclosures must be made in a timely manner. In order to assess timeliness, officers may wish to consider the length of time that passed between the employer’s non-compliance and the voluntary disclosure made to IRCC disclosing those actions. For example, a period of up to a one year between the non-compliance and the disclosure may be viewed as timely, depending on the reasons for the delay.\nFrequency – R209.991(3)(d) : Officers should consider the number of times an employer has made voluntary disclosures. Previous violations and their consequences, even if reduced as a result of prior voluntary disclosures, should have resulted in changed employer habits, improved monitoring, and overall reduction of non-compliance. An officer may refuse to accept a voluntary disclosure if, in the officer’s view, the employer is using voluntary disclosures to their advantage while making little or no effort to comply with the International Mobility Program conditions in an ongoing manner.\nNature – R209.991(3)(e) : Officers should consider the nature (complexity) of meeting a condition in conjunction with the employer’s particular circumstances.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Voluntary disclosure (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-7-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Calculating points – determining consequence for violation", + "marginal_note": "Calculating points – determining consequence for violation", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In order to determine the appropriate consequence for each violation, officers may follow the following process:\n1 - Determine the type of violation (Employer Conditions – Table 1 of Schedule 2)\nOfficers must classify the type of violation before determining the consequence of the violation. The classification of violations into types reflects the view that some conditions have the potential for a lower impact on the Canadian economy or on foreign nationals than other conditions.\nEach condition is classified into a type, A, B, or C, in Table 1. The type of violation is relevant when assessing compliance history ( Table 4 ) and when determining the sanction, be it an AMP or ban or both sanctions, based on the total number of points for the violation (Tables 2 and 3).\nConditions related to IRCC are listed in the table below.\nTable 1 – Employer conditions\nColumn 1\nProvision\nColumn 2\nShort-form Description\nColumn 3\nClassification\nItem # in the IRPR\n209.2(1)(b)(i)\nBe able to demonstrate that any information provided in respect of a work permit application was accurate during a period of six years, beginning on the first day of the foreign national’s employment\nType A\n1\n209.2(1)(b)(ii)\nRetain any document that relates to compliance with cited conditions during a period of six years, beginning on the first day of the foreign national’s employment\nType A\n2\n209.4(1)(a)\nReport at any time and place specified, to answer questions and provide documents\nType C\n5\n209.4(1)(b)\nProvide required documents\nType C\n6\n209.4(1)(c)\nAttend any inspection, unless the employer was not notified, give all reasonable assistance to the person conducting the inspection and provide that person with any required document or information\nType C\n7\n209.2(1)(a)(ii)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Calculating points – determining consequence for violation (part 1 of 12)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-7-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Calculating points – determining consequence for violation", + "marginal_note": "Calculating points – determining consequence for violation", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Comply with the federal and provincial laws that regulate employment, and the recruiting of employees, in the province in which the foreign national works\nType B\n8\n209.2(1)(a)(iii)\nProvide the foreign national with the same occupation and substantially the same, but not less favourable, wages and working conditions, as outlined in the foreign national’s offer of employment\nType B\n9\n209.2(1)(a)(i)\nBe actively engaged in the business in which the offer of employment was made, unless the offer was made for employment as live-in caregiver\nType C\n15\n209.2(1)(a)(iv)\nMake reasonable efforts to provide a workplace that is free of abuse within the meaning of paragraph 72.1(7)(a)\nType C\n17\n209.2(1)(a.1)\nProvide the foreign national with a copy in their chosen official language of Canada of the most recent information with respect to the foreign national’s rights in Canada that is made available by the Government of Canada for that purpose.\nType B\n25\n209.2(1)(a)(ii.1)\nMake available to the foreign national the information referred to in paragraph 209.2(1)(a.1) or paragraph 209.3(1)(a.1), whatever the case may be, in both official languages of Canada.\nType B\n26\n209.2(1)(a)(ix)\nNot directly or indirectly charge or recover the fees indicated from the foreign national \nType C\n27\n209.2(1)(a)(x)\nEnsure that any person who recruited the foreign national for the employer does not, directly or indirectly, charge or recover the fees indicated from the foreign national.\nType C\n28\n209.2(1)(a)(viii)\nMake reasonable efforts to give the foreign national access to health care services when the foreign national is injured or becomes ill at the workplace.\nType C\n30\nCounting violations where conditions have multiple elements", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Calculating points – determining consequence for violation (part 2 of 12)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-7-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Calculating points – determining consequence for violation", + "marginal_note": "Calculating points – determining consequence for violation", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Certain conditions have multiple elements (see items 9 and 17 of Table 1 of Schedule 2 ). Unjustified non-compliance with each element of those conditions constitutes a separate violation.\nFor example, the following conditions have more than one element:\nItem 9 of Table 1 of Schedule 2 : Provide the foreign national with employment in the same occupation and substantially the same, but not less favourable, wages and working conditions as outlined in the foreign national’s offer of employment. If all three elements in R209.2(1)(a)(iii)/item 9 were violated by an employer, each element, i.e., occupation, wage and working conditions, would be treated as separate violations.\nCounting separate violations – number of foreign workers affected [ R209.96(1) ]\nWhere multiple foreign nationals were negatively affected by the employer’s non-compliance, every unjustified non-compliance of a condition affecting each foreign national is treated as a separate violation and assessed separately. For example, when wages are underpaid to five foreign workers, five foreign workers were negatively impacted and the incident is counted as five violations.\nAs per R209.96(2), a failure to comply — that is not justified under subsection 209.2(3) or 209.3(3) — with any one of the following elements of the condition set out in item 9 of Table 1 of Schedule 2, constitutes a separate violation:\nto provide the foreign national with employment in the same occupation as the occupation that is set out in the foreign national’s offer of employment;\nto provide the foreign national with wages that are substantially the same as — but not less favourable than — those set out in the foreign national’s offer of employment; and", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Calculating points – determining consequence for violation (part 3 of 12)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-7-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Calculating points – determining consequence for violation", + "marginal_note": "Calculating points – determining consequence for violation", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "to provide the foreign national with working conditions that are substantially the same as — but not less favourable than — those set out in the foreign national’s offer of employment.\nSince points are assessed separately for each violation, the number of violations that occurred should be determined at the start of the points calculation, (that is, before determining severity or consequence). If it is determined that several violations occurred because more than one foreign worker was negatively affected, the assessment of severity (Table 5) should not be determined based on the combined number of violations involving the number of foreign nationals affected, in order to avoid double-counting.\n2 - Assess the employer’s compliance history (Table 4)\nEmployers who commit repeat violations will face proportionate consequences depending on the type of violation (Type A, B, or C).\nOnce an officer has determined the type of violation in column 3 of Table 1 , the officer must assess the employer’s compliance history. Generally, in Table 4 - Compliance History, the number of points assigned increases for second, third and subsequent violations.\nA “previous violation” is determined by IRCC or ESDC/ SC to have occurred following a different inspection (not the inspection results currently being assessed). Previous violations are to be included in the calculation of points under Table 4 as long as the non-compliance that led to IRCC or ESDC’s determination that a violation had been committed, took place on or after December 1, 2015.\nFirst violation : Employer has not committed any violations previously (For Type A or Type B first violation, one point is accorded; for Type C first time violation; 2 points is accorded).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Calculating points – determining consequence for violation (part 4 of 12)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-7-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Calculating points – determining consequence for violation", + "marginal_note": "Calculating points – determining consequence for violation", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Second violation : The employer has committed the same type of violation previously (For Type A and B, 2 points accorded; for Type C, 3 points accorded).\nThird violation or subsequent violation : The employer has committed the same type of violation three or more times (For Type A, 2 points accorded; for Type B, 3 points accorded; and for Type C, 4 points accorded).\nIf an IRCC officer is assessing the employer’s compliance history under the IMP, previous violations, including those resulting in warnings (see note), that were committed by the same employer under the TFWP should be counted in the assessment.\nNote: A previous violation resulting in a warning (no applicable AMP or ban) counts as a violation for the purpose of calculating the compliance history points (Table 4) on any subsequent violations. Such violations will not appear on the list of employers who failed to comply with the conditions. Therefore, IRCC and ESDC/SC should contact each other before ascribing points on employer’s compliance history under both IMP and TFWP.\nAn officer will consider the classification of the current violation and then consider whether there have been previous violations of the same type. For example, if an employer has been found to be in violation of a Type C condition and they have committed one previous violations of a Type C condition, the employer would be accorded 3 points (Item 6 of Table 4).\nThere is no expiration on an employer’s previous violation. This means that all previous violations will be considered as long as they took place on or after December 1, 2015.\nTable 4 – Compliance history\n \nColumn 1\nColumn 2\nItem\nCriterion\nPoints\n1.\nFor Type A and B violations - a first violation\n1\n2.\nFor Type A violations - a second or subsequent violation\n2\n3.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Calculating points – determining consequence for violation (part 5 of 12)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-7-p6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Calculating points – determining consequence for violation", + "marginal_note": "Calculating points – determining consequence for violation", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For Type B violations - a second violation\n2\n4.\nFor Type C violations - a first violation\n2\n5.\nFor Type B violations - a third or subsequent violation\n3\n6.\nFor Type C violations - a second violation\n3\n7.\nFor Type C violations - a third or subsequent violation\n4\nGuidelines for counting violations\nIf multiple same-type violations were found in the same inspection, this counts as one previous violation for the purposes of Compliance History. Where there were multiple violations in the past, violations would be counted as follows:\nThe calculation for points (for compliance history table only) is parsed by inspection. When determining the number of previous violations for the “violation count”, the officer will look at previous inspections (on or after December 1, 2015) where a violation was found.\nIf multiple same-type violations were found in the same inspection, these violations of same type would count as one previous violation for the purposes of Compliance History.\nWhere the violation affected more than one foreign worker, each violation is counted separately.\nFor example, at the first inspection, there are three suspected type B violations (affected 3 foreign workers). These all count at the first violation since they all are within the same inspection, receiving each 1 point.\nAt the second inspection, there is one suspected type-B violation; therefore, this would be considered the second Type B violation committed by this employer, receiving 2 points.\nAt the third inspection, the two violations type C are both at a second count since they are part of the same inspection and the points are counted per inspection in this option; each receives 3 points for second violation.\n3 - Assess the severity of violation [R209.991 (a)(ii)], adding points – Table 5", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Calculating points – determining consequence for violation (part 6 of 12)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-7-p7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Calculating points – determining consequence for violation", + "marginal_note": "Calculating points – determining consequence for violation", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Consult Application of consequences where an employer is found non-compliant with the conditions - Assessing the severity of violation .\nCriterion 2: The violation involved abuse of a foreign national (physical, psychological, sexual, financial) – (0–10 points)\nSection R196.2, Abuse, defines abuse as\nphysical abuse, including assault and forcible confinement\nsexual abuse, including sexual contact without consent\npsychological abuse, including threats and intimidation\nfinancial abuse, including fraud and extortion\nreprisals\n4 - Total the points to determine the sanction and ineligibility (Table 2 and 3 of Schedule 2)\nOnce an officer has ascribed the applicable number of points to the criteria in Tables 4 and 5 of Schedule 2, the officer must add those values together to obtain the total number of points per violation.\nIf the employer made an acceptable voluntary disclosure with respect to the commission of the violation, and the total number of points obtained above is four or more, four points shall be subtracted from the total. If the total value obtained is less than four, the total value shall be replaced with a value of zero.\nThe size of the business (whether the business is small or large) is a factor that must be assessed when determining the AMP amount ( Table 2 of Schedule 2 ). The size of the business is determined based on the information provided by the employer on their offer of employment.\nIf an employer’s business size has changed since the offer of employment was submitted to IRCC, this has no bearing on the business size. This is because the employer agreed to uphold certain conditions when they submitted their offer of employment and they are to be treated based on information supplied at that time.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Calculating points – determining consequence for violation (part 7 of 12)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-7-p8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Calculating points – determining consequence for violation", + "marginal_note": "Calculating points – determining consequence for violation", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Small business : Any business, including its affiliates, that has equal to or fewer than 100 employees (Canadian citizens, permanent residents and foreign workers), or equal or less than $5M in annual gross revenue.\nLarge business : Any business with more than 100 employees and more than $5M in annual gross revenue.\nAs per section 209.93 of the IRPR, the determination of whether a business is “small” or “large” is made based on the job offer information submitted by the employer under R209.11(1)(d) .\nWhere it is determined that an employer has violated multiple conditions, the points for each violation are assessed separately . Certain conditions have multiple elements (see items 9 and 17 of Table 1 of Schedule 2 ). Non-compliance with each element of those conditions constitutes a separate violation. As well, if more than one foreign national are affected, the points are assessed separately.\nOnce an officer has determined the total number points for a violation, the applicable AMP is the amount set out in column 2, 3 or 4 of Table 2 of Schedule 2 opposite the total number of points determined, depending on the type of violation and whether the employer is an individual or small business, or large business.\nThe applicable period of ineligibility is the period set out in column 2, 3 or 4 of Table 3 of Schedule 2 opposite the total number of points determined, depending on the type of violation.\nPlease see below for examples of how each violation is to be assessed separately by an officer:\nExample 1: Occupations, wages and information provided on work permit application is not accurate", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Calculating points – determining consequence for violation (part 8 of 12)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-7-p9", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Calculating points – determining consequence for violation", + "marginal_note": "Calculating points – determining consequence for violation", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A Labour Market Impact Assessment (LMIA)-exempt employee slated to work in an IT company as an intra-company transferee based on specialized knowledge. The foreign national works as an IT expert in their home country office of the company, and in the offer of employment, the employer indicated that the employee will occupy a position as a manager to help a team of IT employees in the Canadian company.\nSix months after the arrival of the foreign national, a random inspection reveals that the foreign national never assumed the managerial position, per the offer of employment. The inspection also reveals that the foreign national has been doing coding work in Canada at a lower salary (a difference of $600 per month over the past 6 months, 2% less than the agreed-to compensation in the offer of employment) than what was stated in the job offer, and the foreign national’s salary is lower than what a Canadian worker would be paid to do the same type of work.\nDocuments obtain during the inspection reveal that the employer had no intention to place the foreign national in a managerial position, therefore misleading both the foreign national and IRCC. In addition, email exchanges between the employer and the employee provided by the foreign national shows that, even though the foreign national had raised the issue of their wages and the fact that they were not fulfilling any management tasks, the employer did nothing to fix the problem.\nThe employer did not respect the following conditions:\nWages not the same/less than in job offer, R209.2(1)(a)(iii) – Type B\nOccupation not the same than in job offer, R209.2(1)(a)(iii) – Type B\nAnalysis to attribute points:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Calculating points – determining consequence for violation (part 9 of 12)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-7-p10", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Calculating points – determining consequence for violation", + "marginal_note": "Calculating points – determining consequence for violation", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The officer verified the list of employers who did not comply with the conditions. It is the first time the employer has been found to have committed a violation by failing to comply with conditions in IRPR.\nThe officer verified in the Global Case Management System (GCMS) that the employer has no warnings issued under the IMP. If employers previously received a warning letter under IMP, this would not appear on the public list.\nThe officer verified with ESDC that the employer has no warnings in the past and that no inspection activities are underway.\nIt is a small business.\nThe employer derived some economic and competitive benefit from violation (lower wage than they would have given to a Canadian employee).\nNo clear evidence that the employee has been subject to an abuse (an underpayment does not amount to financial abuse)\nBased on the information gathered during the inspection, the CMB officer assesses that when the employer discovered non-compliance, they did not make any reasonable efforts to minimize or remediate the impact of the violation. The employer acted in such a way as to aggravate the effects of non-compliance of the program conditions.\nBased on the information gathered during the inspection, the CMB officer assesses that when the employer discovered non-compliance, they did not make any reasonable efforts to prevent a recurrence in the future. The employer actively took steps to prevent any corrections.\nAssessment of points:\nModifiers\nPossible Points\nPoints Assessed after first inspection\nViolation 1 Wage is not the same as in the offer of employment (Type B)\nViolation 2 Occupation is not the same as in the offer of employment (Type B)\nCompliance History\n \n1\n1\nThe employer derived competitive or economic benefit from the violation\n0 to 6\n0", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Calculating points – determining consequence for violation (part 10 of 12)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-7-p11", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Calculating points – determining consequence for violation", + "marginal_note": "Calculating points – determining consequence for violation", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "0\nThe violation involved abuse of a foreign national (physical, psychological, sexual, financial): no evidence of abuse\n0 to 10\n0\n0\nThe violation negatively affected the Canadian economy: no evidence that the violation affected the Canadian economy\n0 to 6\n0\n0\nThe employer did not make reasonable efforts to minimize or remediate the effects of the violation\n0 to 3\n2\n2\nThe employer did not make reasonable efforts to prevent recurrence of the violation\n0 to 3\n2\n2\nTotal Points\n5\n5\nConsequence - AMP\n$7,000\n$7,000\nConsequence - ban\nnone\nnone\nTotal Penalty\n$14,000 No ban Name published\nExample 2: Wages with acceptable justification – LMIA exempted, multiple foreign nationals\nTwo foreign nationals obtained work permits to work in a construction equipment and tools company. Both employees have specialized knowledge and will work in managerial positions in the company.\nThe employer realized three months after the foreign nationals arrived in Canada that they were not paid appropriately due to an error in their payment system. The foreign nationals were underpaid $500 per month each in these three first months.\nWhen the employer realized the mistake, the employer compensated the foreign nationals with the correct wage difference and had a discussion with the Human Resources office and the payroll service of the business and problem was fixed.\nThe employer did not disclose the information to IRCC; this inspection was triggered randomly.\nThe employer did not respect the following conditions:\nWages not the same/less than in job offer, R209.2(1)(a)(iii)– Type B\nAnalysis:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Calculating points – determining consequence for violation (part 11 of 12)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-7-p12", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Calculating points – determining consequence for violation", + "marginal_note": "Calculating points – determining consequence for violation", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "During the inspection, the employer, owner of a large business, cooperates with IRCC officer and provides all the documentation requested. The employer provides to the officer the information regarding the two foreign nationals who were underpaid, provides proof that they were repaid and proof that the problem was fixed on the payroll system.\nThe employer mentions it was an honest mistake, due to an administrative error, and it was fixed properly. The officer takes into consideration the information provided and determines that this event is one of justified non-compliance, per subsection R209.2(3); therefore, the employer does not get any penalties or warning. The outcome of this inspection will not be factored in any future inspections of the employer for the purpose of assessing the employer’s compliance history.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Calculating points – determining consequence for violation (part 12 of 12)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Maximum AMP and Permanent Ban", + "marginal_note": "Maximum AMP and Permanent Ban", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "R209.992 provides that when employers commit more than one violation that results in an AMP, the AMP amounts are to be cumulative. The maximum AMP that may be assessed on a notice of preliminary finding or imposed on a notice of final determination must not exceed $1 million. Further, the total AMP imposed in a notice of final determination and all previous AMP amounts provided in notices of final determinations issued within the previous 12 months cannot exceed $1 million.\nExample:\nA non-compliant employer receives an AMP of $500,000 on January 30, 2016.\nOn March 30, 2016, the same employer is selected for a random inspection. Following the inspection, the information is analyzed and on September 1, 2016, an officer finds the employer has violated other conditions in the same year with other foreign nationals (i.e., between January 30 and March 30, 2016).\nThe officer calculates the points. As a result, the employer should receive an AMP of $600,000 under table 2 of the IRPR.\nGiven that the employer has already received a $500,000 AMP in 2016, the employer can only receive an AMP of $500,000 for the new violation, the total maximum amount of AMP in a one year period starting on the date of the first final determination on January 30, 2016).\nBan periods are not cumulative. The longest ban period applies in cases where an employer faces more than one ban period for different violations. For the most egregious cases (15 or more points), employers can be permanently banned from employing a foreign national for whom a work permit is required under the IMP or TFWP.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Maximum AMP and Permanent Ban", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-9-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Procedural fairness: Notice of preliminary finding", + "marginal_note": "Procedural fairness: Notice of preliminary finding", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Following an inspection, if it is assessed that a violation has been committed because the employer failed to comply with a condition, and that failure is not justified under the IRPR, per subsection R209.2(3), (4) or 209.4(2), a notice of preliminary finding must be issued to the employer. This notice is provided to address procedural fairness before a final determination is made by an officer, by giving employers the opportunity to know the case against them and to respond to the officer’s concerns.\nR209.993(3) outlines the information which must be contained in the notice of preliminary finding:\nThe name of the employer;\nThe condition(s) with which the employer failed to comply and the corresponding provisions;\nRelevant facts surrounding the violation and the reasons for the preliminary finding;\nIf applicable, the potential administrative monetary penalty amount and the potential period of ineligibility or issuance of a warning; and\nStatement that the employer may make written submissions within period set out in R209.994 (i.e., 30 calendar days after the day on which the notice is deemed received – 10 days after the day on which it is sent).\nAfter a notice of preliminary finding is issued, employers have the opportunity to make written submissions within the 30-day period after the notice is deemed received.\nA notice of preliminary finding may be corrected or cancelled at any time before a final determination is issued.\nApplication\nOfficers must include all required information on the notice of preliminary finding as outlined under R209.993(3).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Procedural fairness: Notice of preliminary finding (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-9-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Procedural fairness: Notice of preliminary finding", + "marginal_note": "Procedural fairness: Notice of preliminary finding", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers are to provide employers with a 30-day deadline, after the day on which it is deemed received, on the notice of preliminary finding to make written submissions. Documents are deemed received 10 calendar days after the notice of preliminary finding is sent to the employer meaning, once officers are prepared to send the employer the notice of preliminary finding, they should include a deadline of 30 days plus 10 days for deemed receipt on the letter sent to the employer.\nOfficers have the authority to correct or cancel information provided in the notice of preliminary finding at any time before a notice of final determination is issued under section R209.996; if new information comes to light (not as part of the written submissions made by the employer), a corrected notice of preliminary finding may be issued and the employer should be given a new 30 day period (plus 10 days for deemed receipt) to make written submissions.\nIf no submission is received from the employer, a final determination of non-compliance may be made based on the information available to the officer making the assessment (and for which the employer was provided an opportunity to respond).\nIf submissions are received from the employer, the information will be assessed by the senior officer making the final determination, who was not connected with the inspection activity or the preliminary finding of non-compliance.\nReceiving employer’s submissions", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Procedural fairness: Notice of preliminary finding (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-9-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Procedural fairness: Notice of preliminary finding", + "marginal_note": "Procedural fairness: Notice of preliminary finding", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "R209.994(1)(b) provides employers with the authority to request a longer period to respond to a notice of preliminary finding. The Regulations provide that employers have 30 days after the day on which the notice of preliminary finding is deemed received to request an extension of that period. An officer has the authority to extend the employer’s period to respond to a notice of preliminary finding if there is a reasonable explanation justifying its extension.\nOfficers may wish to consider the following considerations when assessing if there are justified reasons for an extension:\nextenuating circumstances beyond the employer’s control that result in the employer’s inability to produce the information in the 30-day period, such as\nthe accountant is on temporary leave\nthere is difficulty contacting a worker by the employer\nthere is a business emergency that requires immediate attention (for example, the company supplies helicopters for search and rescue, and there has been a large scale accident)\nextenuating personal or familial circumstances of the employer (for example, illness, death)\nforce majeure (for example, there has been a fire, flood, earthquake)\nother circumstances beyond the employer’s control\nThe officer may use their discretion as to the duration of the extension; however, the officer may wish to consider the reasons for the request when determining the length of the extension.\nCorrections or cancellations of the notice of preliminary finding\nUnder section section R09.995 , officers have the authority to correct or cancel the notice of preliminary finding any time before the notice of final determination is issued under section R209.996. Corrections or cancellations could be based on", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Procedural fairness: Notice of preliminary finding (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-9-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Procedural fairness: Notice of preliminary finding", + "marginal_note": "Procedural fairness: Notice of preliminary finding", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "new information coming to light (not as part of the written submissions made by the employer) or information not previously considered by IRCC (such as information received via information-sharing agreements)\nan administrative error (for example, misinterpretation of the IRPR or inspection policy, an error in the calculation of points)\nWhen a correction or cancellation is made by IRCC to the notice of preliminary finding, the reason for the change should be clearly documented in GCMS.\nWhether a correction is in the employer’s favour (that is, the consequences for the employer are less than the consequences outlined in the notice of preliminary finding) or not (that is, the consequences for the employer are greater), a new notice of preliminary finding is required to be issued to the employer, followed by a new 30-day period of an opportunity to respond.\nIf a cancellation of the notice of the preliminary finding is made, the employer should be informed in writing of the cancellation and the outcome of the inspection should be changed to satisfactory.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Procedural fairness: Notice of preliminary finding (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-10", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Reviewing employer non-compliance file by a senior officer", + "marginal_note": "Reviewing employer non-compliance file by a senior officer", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "All written submissions may be provided by an employer during the 30-day period, as per section 209.994(1)(a) . For procedural fairness, the officer assessing the new information submitted by the employer should be an officer that has not been involved in the inspection process for that employer, including the preliminary determination of a violation and/or points ‘assessment.\nAfter documenting the employer’s written submission in GCMS, the officer who issued the notice of preliminary finding is to forward the entire inspection file, along with the written submissions, to the senior officer in the CMB.\nNo changes or granting of extension\nIf a CMB officer does not recommend any corrections, cancellations of the NOPF, nor do they grant an extension, then a notice of final determination is issued.\nNote : The above instruction also applies should the written submission from the employer arrive after the initial 30-day period, or the previously agreed-to extension period.\nCalculating points\nThe senior officer follows the same calculation method that the first officer followed to calculate points before issuing the notice of preliminary finding. See above instructions for further details on calculating points.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing employer non-compliance file by a senior officer", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-11-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Sending notice of final determination", + "marginal_note": "Sending notice of final determination", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Once an officer has issued a notice of preliminary finding and the employer has had an opportunity to respond to the findings, a senior officer not connected to the notice or preliminary finding (organizationally distinct) is responsible for assessing all the facts of the case, including the preliminary finding and the employer’s submission(s), if available.\nAn officer of IRCC must issue a notice of final determination if it is determined that a violation was committed because the employer failed to comply with a condition and that failure was not justified. This determination is final and binding except for judicial review.\nIf it is determined that the employer is compliant, a letter explaining the decision will be sent to the employer.\nAfter reviewing the written submission provided by the employer or the record of Inspection provided by Service Canada’s Integrity Services Branch, the preliminary finding and the evidence gathered during the inspection, the officer making the final determination may make a determination different than the assessment made in the preliminary finding. A second preliminary finding would not have to be issued nor would a second opportunity to respond be given to the employer.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Sending notice of final determination (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-11-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Sending notice of final determination", + "marginal_note": "Sending notice of final determination", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If, however, the officer making the final determination arrives at a different conclusion (than the officer who made the preliminary finding) based on information other than the written submissions made by the employer and information used to issue the preliminary notice (could be a tip or a new information provided by the foreign national), the employer should be given a second opportunity to respond. If warranted, the officer making the final determination should advise the employer of the new evidence and give them a specified amount of time to respond (reasonable length of time that would depend on the nature of the information that the employer is responding to and other relevant circumstances of the case). That same officer would then review the submissions made by the employer and make the final determination.\nIf new information comes to light (not as part of the written submissions made by the employer) before the file is transferred to the senior officer for final determination, a corrected notice of preliminary finding may be issued and the employer should be given a new 30 day period (plus 10 days for deemed receipt) to make written submissions. Please refer to above instructions on corrections of the notice of preliminary finding.\nIf the officer making the final determination, after reviewing the submissions made by the employer concludes that there are issues of credibility, the officer may decide to invite the employer for an interview.\nFinally, if information comes to light that another violation was committed by that employer and this violation was not noted on the notice of preliminary finding, a new inspection should be triggered to confirm that violation followed by a separate notice of preliminary finding for that new violation.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Sending notice of final determination (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-11-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Sending notice of final determination", + "marginal_note": "Sending notice of final determination", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Application\nR209.996(4) outlines the information that must be included in the notice of final determination:\nThe name of the employer;\nThe conditions and provisions with which the employer failed to comply;\nThe relevant facts surrounding the violation and the reasons for determination;\nIf applicable, the AMP amount and the period of ineligibility and that the violation will be considered in the calculation of the total number of points for any subsequent violation;\nIf applicable, a warning informing the employer that there is no AMP for the violation but that the violation will be considered in the calculation of the total number of points for any subsequent violation;\nIf applicable, statement that the AMP must be paid within 30 days after the day on which the notice of final determination is received by the employer; and\nHow the AMP must be paid.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Sending notice of final determination (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-12", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Warning letters", + "marginal_note": "Warning letters", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When the total points are fewer than 2, the officer issues a warning letter to the employer.\nA warning letter counts as a violation for the purpose of calculating points on any subsequent violations (for the purpose of assessing the employer compliance history); however, the employer’s name and the details of the violation do not get posted on a public website.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Warning letters", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-13", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Documenting rationale for points assessed", + "marginal_note": "Documenting rationale for points assessed", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The assessment of each criterion for a violation and the reasoning used to determine the points ascribed should be well documented and recorded in GCMS.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documenting rationale for points assessed", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-14", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Adding the employer to the Public list, if applicable", + "marginal_note": "Adding the employer to the Public list, if applicable", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Immigration, Refugees and Citizenship Canada is responsible for updating and maintaining the List of employers who have been non-compliant with the conditions imposed in IRPR under the Temporary Foreign Worker Program and the International Mobility Program.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Adding the employer to the Public list, if applicable", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-70-15", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Collecting administrative monetary penalties: when employers", + "marginal_note": "Collecting administrative monetary penalties: when employers are in default of payment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When an AMP is imposed, information about the non-compliant employer and AMP will be established in IRCC accounts receivable system by IRCC-Finance.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Collecting administrative monetary penalties: when employers are in default of payment", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions.html" + }, + { + "id": "pdi-tr-71-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-compliant with the co", + "marginal_note": "Application of consequences where an employer is found non-compliant with the conditions – Assessing the severity of violation", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe intent behind the assessment of the severity of a violation is to ensure that the consequence is proportionate to the condition breached and its impact on the foreign national and the Canadian economy. Proportionate consequences aim to promote employer compliance and to deter non-compliance.\nThe context for each violation is different. All relevant facts of the case should be considered by decision-makers when assessing severity. Points for each of the severity criteria should be determined on a case-by-case basis, using strong rationale for the total number of points accorded.\nFive criteria are used to assess the severity of a violation. These five criteria provide a range in the number of points which officers can apply to each criterion. Points range from 0 points (criterion not applicable) to 3, 6 or 10 points, depending on the criterion. Officers should consider each of the five criteria while keeping in mind that all five may not necessarily apply to each violation. For example, competitive or economic benefit, criterion 1, may not apply to the condition of “being actively engaged in the business in which the offer of employment was made”. In these cases, 0 points may be ascribed to the competitive economic criterion.\nThe section below provides an overview of each of the five criteria and factors which officer’s may consider when ascribing points.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application of consequences where an employer is found non-compliant with the conditions – Assessing the severity of violation", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions-assessing-severity-violation.html" + }, + { + "id": "pdi-tr-71-1-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Criterion 1: The employer derived competitive or economic ga", + "marginal_note": "Criterion 1: The employer derived competitive or economic gain from the violation (0 to 6 points)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This criterion should be considered when the violation provided the employer with quantifiable economic gain—a company has benefitted financially by being non-compliant with program conditions—or a competitive benefit—an advantage over another employer or firm. If there is no clear benefit or gain, then this criterion does not apply, and 0 points should be ascribed.\nOfficers may wish to assess\nthe economic gain derived from non-compliance (total gain for the employer)\nthe money saved from non-compliance with program requirements\nif employer practices (action or inaction) led to a competitive advantage over other employers who were following the program rules\nExamples of economic gain include:\nsignificant underpayment or non-payment of foreign worker wages as well as wages for overtime for an extended period of time;\nemployer refusing to pay required benefits (for example, health benefits, transportation costs), as outlined on the offer of employment\nExamples of competitive benefit include:\nevidence that an employer won a bid or contract by underpaying foreign workers.\nWhile economic benefit may be more frequent, and more clearly applicable, competitive benefit may occur in some cases that are not easily quantifiable in dollars. Such cases should be considered carefully to establish a connection between the benefit and the violation.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Criterion 1: The employer derived competitive or economic gain from the violation (0 to 6 points) (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions-assessing-severity-violation.html" + }, + { + "id": "pdi-tr-71-1-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Criterion 1: The employer derived competitive or economic ga", + "marginal_note": "Criterion 1: The employer derived competitive or economic gain from the violation (0 to 6 points)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Violations that affect foreign workers (“affected” is defined as a negative impact) are assessed individually, as separate violations. Therefore, when assessing this severity criterion for violations such as the underpayment of wages, points for economic gain or competitive benefit should not be assessed cumulatively regardless of the number of workers. For example, if an employer underpaid five foreign nationals, the amount of financial savings should be considered separately for each of the five violations and not for all the foreign workers affected collectively.\nOfficers may consider the amount of financial gain and the amount of time that has elapsed before the amount was repaid. For example, if there were a small underpayment of $500 total, and the employer repaid the amount to the foreign national a couple of months later (as soon as it was discovered), there would be effectively no financial gain for the employer.\nGuidance on how to assess points\nOfficers may wish to consider the following factors in determining whether points should be ascribed at the lower end of the range:\nWhether the employer has repaid the money gained after an inspection initiated from the non-compliance and whether this minimizes the initial competitive benefit or economic gain.\nOfficers may wish to consider the following factors in determining whether points should be ascribed at the higher end of the range:\nWhether the economic or competitive benefit was derived as a result of a loss to the foreign national (i.e., was the foreign national underpaid or not paid for an extended period of time? was the foreign national forced to pay for items which were the employer’s responsibilities under the offer of employment?)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Criterion 1: The employer derived competitive or economic gain from the violation (0 to 6 points) (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions-assessing-severity-violation.html" + }, + { + "id": "pdi-tr-71-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Criterion 2: The violation involved abuse of a foreign natio", + "marginal_note": "Criterion 2: The violation involved abuse of a foreign national (physical, psychological, sexual, financial) – (0-10 points)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: Officers are strongly encouraged to assign points under this criterion in situations where there is evidence indicating the foreign worker was subject to abuse, as described in section 196.2, Abuse, of the Immigration and Refugee Protection Regulations (IRPR) .\nAssessing this criterion is not the same as assessing the condition “to make reasonable efforts to provide a workplace free from abuse.” Even though it is likely that the condition “to make reasonable efforts to provide a workplace free from abuse” is the most obvious condition for officers to ascribe points to, under criterion 2, points are assessed for this criterion when abuse is part of the violation of any of the conditions .\nSection R196.2, Abuse, defines abuse as\nphysical abuse, including assault and forcible confinement\nsexual abuse, including sexual contact without consent\npsychological abuse, including threats and intimidation\nfinancial abuse, including fraud and extortion\nOfficers may consider if physical, psychological, sexual or financial abuse of the foreign worker is part of the violation. Officers may also wish to consider the impact of the abuse on the foreign worker, and whether the abuse is part of a pattern of behaviour over time, involving this foreign national, or if it is an isolated incident. Officers have to remember that there is a need for evidence, but it is not required to have a related criminal conviction.\nViolations that negatively affect foreign workers are counted as separate violations for each foreign worker affected. In these cases, the assessment of this criterion should not include the total number of foreign workers involved since that could potentially lead to double-counting.\nThe following types of behaviour may provide evidence of these forms of abuse:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Criterion 2: The violation involved abuse of a foreign national (physical, psychological, sexual, financial) – (0-10 points) (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions-assessing-severity-violation.html" + }, + { + "id": "pdi-tr-71-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Criterion 2: The violation involved abuse of a foreign natio", + "marginal_note": "Criterion 2: The violation involved abuse of a foreign national (physical, psychological, sexual, financial) – (0-10 points)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Physical contact intended to cause feelings of intimidation, pain, injury, or other physical suffering or bodily harm.\nForce or threat was used to obtain participation in unwanted sexual activity / coercing a person to engage in sex, against their will.\nA pattern of coercive or controlling behaviour.\nThe employer had control over the access of the foreign worker’s economic resources and the employer used this control inappropriately. Note that an underpayment does not amount to financial abuse automatically; officers need to take into consideration the complete situation and assess the severity of the situation.\nTypes of evidence which may be on file (This is not an exhaustive list):\nInformation received during an inspection or investigation;\nCourt documents or protective orders including: release, no-contact or bail orders, orders pending trial or appeal, recognizance orders or peace bonds, probation orders following convictions, conviction certificate, victim impact statements;\nLetter or statement from family services clinic, or report from a medical doctor or a healthcare professional;\nSworn statement (affidavit),\nPolice or incident report (related documents, reports indicating passports and travel documents were withheld and the police had to retrieve them);\nHard copies of email or recordings of telephone messages;\nAffidavit from a friend, a family member, a neighbour, a co-worker, staff members of support agencies, law enforcement, etc.\nGuidance on how to assess points\nOfficers may wish to consider the following factors in determining whether points should be ascribed at the lower end of the range:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Criterion 2: The violation involved abuse of a foreign national (physical, psychological, sexual, financial) – (0-10 points) (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions-assessing-severity-violation.html" + }, + { + "id": "pdi-tr-71-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Criterion 2: The violation involved abuse of a foreign natio", + "marginal_note": "Criterion 2: The violation involved abuse of a foreign national (physical, psychological, sexual, financial) – (0-10 points)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Once the abuse was discovered, the employer was responsive in obtaining assistance for the foreign worker (i.e., notifying police or health care professional).\nOnce the abuse was discovered, the employer provided training to staff to prevent reoccurrence.\nOnce the abuse was discovered, the employer developed policies and procedures that address situations of abuse in the workplace (e.g., steps to be taken if an employee or supervisor is aware of experiencing abuse).\nOfficers may wish to consider the following factors in determining whether points should be ascribed at the higher end of the range:\nThe abuse was repetitive (i.e., pattern of behaviour).\nOnce the abuse was discovered, the employer was not responsive in obtaining assistance for the foreign worker.\nMultiple types of abuse occurred.\nThe abuse involves uttering threats to case death or bodily harm to an employee.\nThe abuse involves trafficking in persons (or a related offence).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Criterion 2: The violation involved abuse of a foreign national (physical, psychological, sexual, financial) – (0-10 points) (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions-assessing-severity-violation.html" + }, + { + "id": "pdi-tr-71-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Criterion 3: Negatively affected the Canadian economy –", + "marginal_note": "Criterion 3: Negatively affected the Canadian economy – (0 to 6 points)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A negative impact on the Canadian economy (it is important to note that a neutral effect on the economy should not be considered a negative one) may include employer actions that have resulted in a foreign national completing work that does not warrant a Labour Market Impact Assessment (LMIA) exemption and thus may have damaged the Canadian economy, such as work permits issued under the IRPR exempt from an LMIA that failed to offer a significant benefit to the Canadian economy (see information regarding work permits issued under Canadian interests – Significant benefit general guidelines [R205(a) – C10] for further guidance).\nWhere officers find issues with the accuracy of information provided by employers, they should consider if the work permit being inspected would have been issued had the correct information been provided. A work permit issued under an LMIA exemption designed to bring benefits to the Canadian economy or to further Canadian interests for which false information is provided may not have a positive impact on the Canadian economy. Canadian interests may not have been furthered, and Employment and Social Development Canada (ESDC) may have been precluded from assessing the labour market in the context of an LMIA application.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Criterion 3: Negatively affected the Canadian economy – (0 to 6 points) (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions-assessing-severity-violation.html" + }, + { + "id": "pdi-tr-71-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Criterion 3: Negatively affected the Canadian economy –", + "marginal_note": "Criterion 3: Negatively affected the Canadian economy – (0 to 6 points)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers are to examine the negative impact on the Canadian economy and Canadian interests, while ESDC is to examine the impact on the labour market. A specific analysis of the needs of the Canadian economy or Canadian interests is not required. The criteria of the LMIA exemptions themselves are sufficient evidence of the needs of the Canadian economy and Canadian interests. Therefore, where an individual is asked to engage in employment that does not qualify them for the exemption, meaning ESDC is precluded from a labour market analysis, as part of an LMIA application, there is to be sufficient evidence that a negative impact on the Canadian economy, on Canadian interests or on both has occurred.\nGenerally, where a work permit is issued under an LMIA exemption that specifies a certain occupation, but the employer then asks the foreign national to perform work in a lower National Occupational Classification (NOC) Training, Education, Experience and Responsibilities (TEER) category, a violation has occurred, which is deemed to have affected the Canadian economy or Canadian interests.\nThis criterion is not meant to assess the economic benefit or competitive advantage an employer may have gained as a result of a violation, since that is assessed under criterion 1, nor is it meant to assess the impact of the violation on the foreign worker, since that is assessed under criterion 2. The “injured party” in this criterion is the economy, not the foreign worker.\nExample", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Criterion 3: Negatively affected the Canadian economy – (0 to 6 points) (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions-assessing-severity-violation.html" + }, + { + "id": "pdi-tr-71-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Criterion 3: Negatively affected the Canadian economy –", + "marginal_note": "Criterion 3: Negatively affected the Canadian economy – (0 to 6 points)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A foreign national is nominated by a province, and an offer of employment is submitted by the employer. The foreign national travels to Canada and is issued a work permit. Then, the employer rescinds the job offer, leaving the foreign national without employment. Given that the foreign national was nominated by the province, the province has also lost out on the foreign national’s potential contribution to the Canadian economy for a number of months. Neglecting to advise a foreign national who is coming to Canada that their job offer is no longer available creates a negative impact on the individual and, by consequence, on the Canadian economy. The failure to act on this change causes the foreign national to be in a position of being in Canada without the ability to support themselves and their family financially.\nGuidance on how to assess points\nOfficers may wish to consider the following factor in determining whether points should be ascribed at the lower end of the range:\nEmployer attempted to rectify the impact on the Canadian economy once aware of the violation.\nOfficers may wish to consider the following factor in determining whether points should be ascribed at the higher end of the range:\nThe employer did not attempt to rectify the impact on the Canadian economy once aware of the violation.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Criterion 3: Negatively affected the Canadian economy – (0 to 6 points) (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions-assessing-severity-violation.html" + }, + { + "id": "pdi-tr-71-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Criterion 4: Employer did not make reasonable efforts to min", + "marginal_note": "Criterion 4: Employer did not make reasonable efforts to minimize or remediate the effects of the violation – (0 to 3 points)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This criterion does not include actions to prevent recurrence of the violation, which are assessed under criterion 5, described below.\nIn assessing whether the employer made a “reasonable effort” to minimize or remediate the impact of the violation, officers may wish to consider what actions, if any, were taken by the employer to minimize the impact on foreign workers or on the Canadian economy. Focus should be made on the effort and not just the results of the efforts. For example, if a foreign national has been underpaid, an officer may consider if the employer has repaid his employee or has made reasonable effort to repay him.\nFor procedural fairness, employers are given the opportunity to demonstrate any efforts they made to remediate the impact of the violation. This opportunity exists during the inspection, or an employer may submit new information on remediation efforts during the ‘opportunity to respond’ stage and this may be considered in ascribing points when considering new information submitted by an employer after a notice of preliminary finding has been issued.\nThe onus is on the employer to demonstrate that they have made reasonable efforts to minimize and remediate the effects of the violation. Officers may need to consider that in some circumstances employers may not be able to take actions to remediate the situation even if they are willing to do so (for example, the foreign worker’s contract has ended and has left the country and there is no way the employer can reach the foreign national to get certain information).\nGuidance on how to assess points\nOfficers may wish to consider the following factor in determining whether points should be ascribed at the lower end of the range:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Criterion 4: Employer did not make reasonable efforts to minimize or remediate the effects of the violation – (0 to 3 points) (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions-assessing-severity-violation.html" + }, + { + "id": "pdi-tr-71-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Criterion 4: Employer did not make reasonable efforts to min", + "marginal_note": "Criterion 4: Employer did not make reasonable efforts to minimize or remediate the effects of the violation – (0 to 3 points)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Whether the employer rectified the wrongdoing, for example, partial wage/benefit/compensatory repayment was made to the foreign worker.\nWhether the employer attempted to reverse the situation even if unsuccessful\nWhether the employer’s efforts were timely.\nSome actions were taken but are incomplete or took action to mitigate and remediate after inspection started.\nOfficers may wish to consider the following factor in determining whether points should be ascribed at the higher end of the range:\nOpportunity to reverse the impact was possible, but the employer made no effort to minimize or reverse the impact of the violation.\nScenarios of blatant disregard of program conditions from the employer\nWhen the non-compliance was discovered, the employer acted in such a way as to aggravate the effects of non-compliance.\nNon-applicable : Reasonable efforts to pay back wages owed to a foreign worker may not be possible if that individual cannot be found. The employer may still be able to demonstrate that they made reasonable efforts.\nReminder : Consequences should be proportionate to the condition breached and commensurate with the benefit the employer would derive from the non-compliance. The highest range of points may only be ascribed in the most egregious cases.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Criterion 4: Employer did not make reasonable efforts to minimize or remediate the effects of the violation – (0 to 3 points) (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions-assessing-severity-violation.html" + }, + { + "id": "pdi-tr-71-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Criterion 5: Employer has not made reasonable efforts to pre", + "marginal_note": "Criterion 5: Employer has not made reasonable efforts to prevent recurrence of the violation (0 to 3 points)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This criterion is related to forward actions taken by the employer; for example, where an allegation or incident of abuse occurred, the officer may consider whether the employer took steps (e.g., providing training to employees, closely monitoring the situation and making sure that the violation will not occur again, etc.) to address it and prevent it from happening again. This criterion supports incenting employers to take action to prevent non-compliance even though they might have been potentially found in violation.\nIn assessing whether the employer made a “reasonable effort” to prevent reoccurrence of the violation, officers may wish to consider whether the employer has implemented practices or procedures to prevent the recurrence of the violation.\nFor procedural fairness, employers are given the opportunity to demonstrate any efforts they made to prevent recurrence of the violation. This opportunity exists during the inspection, or an employer may submit new information on preventative efforts during the ‘opportunity to respond stage’ and this may be considered in ascribing points when considering new information submitted by an employer after a Notice of preliminary finding has been issued.\nThe onus is on the employer to demonstrate that they have made reasonable efforts to prevent the recurrence of the violation.\nGuidance on how to assess points\nOfficers may wish to consider the following factors in determining whether points should be ascribed at the lower end of the range:\nThe employer provided training to staff to prevent reoccurrence.\nThe employer took corrective measures to rectify the situation.\nThe employer has made IT system or infrastructure changes to prevent recurrence.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Criterion 5: Employer has not made reasonable efforts to prevent recurrence of the violation (0 to 3 points) (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions-assessing-severity-violation.html" + }, + { + "id": "pdi-tr-71-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Application of consequences where an employer is found non-c — Criterion 5: Employer has not made reasonable efforts to pre", + "marginal_note": "Criterion 5: Employer has not made reasonable efforts to prevent recurrence of the violation (0 to 3 points)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The employer has provided policy/company direction to employees to prevent the recurrence of violation.\nThe employer has input sanctions and/or put the offending office on probation.\nThe employer has requested the offending office/franchise to report on steps it has taken to prevent reoccurrence.\nOfficers may wish to consider the following factors in determining whether points should be ascribed at the higher end of the range:\nScenarios of blatant disregard of program conditions from the employer, the employer was provided many opportunities to correct the mistake but actively took steps to prevent any corrections.\nWhen the employer discovered non-compliance, they acted in such a way as to aggravate future effects of non-compliance.\nThe employer stated that no corrective action was necessary.\nNon-applicable : Where it is not possible to make reasonable efforts to prevent recurrence because of the type of violation, 0 points may be ascribed. For example, if an employer is no longer actively engaged in the business for which the offer of employment was made (Item 15 on Table 1), reasonable efforts to prevent the recurrence of the violation may not be possible.\nReminder : Consequences should be proportionate to the condition breached and commensurate with the benefit the employer would derive from the non-compliance. The highest range of points may only be ascribed in the most clearest and egregious cases.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Criterion 5: Employer has not made reasonable efforts to prevent recurrence of the violation (0 to 3 points) (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/application-consequences-where-employer-found-non-compliant-conditions-assessing-severity-violation.html" + }, + { + "id": "pdi-tr-72-0-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer Compliance – Collecting administrative monetary penalties and determini", + "marginal_note": "Employer Compliance – Collecting administrative monetary penalties and determining when employers are in default of payment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nSubsections 209.996(4)(e) and (f) of the Immigration and Refugee Protection Regulations (IRPR) set out the 30-day period within which the administrative monetary penalty (AMP) must be paid.\nPaid in full : an AMP must be paid in full by the employer within 30 days after the day on which the notification of final determination (NOFD) is deemed received [See note below];\nNote: as per R209.996(6) , an NOFD is deemed to have been received 10 days after the day on which it is sent, meaning, once officers are prepared to send the NOFD to the employer, they should include a deadline of 10 plus 30 calendar days on the letter. To note, throughout the program delivery instructions on default, whenever an NOFD is deemed received, this always means it is received within 30 plus 10 calendar days from the date it was sent to the employer.\nor\nPayment agreement : a payment agreement must be reached with the employer within the 30 days after the NOFD is deemed received. Such agreement would set out the amounts and interest to be paid, the timelines for payment and the consequences of non-payment. A payment agreement with an employer shall provide for interest to be charged on AMPs, in accordance with the Interest and Administrative Charges Regulations.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Employer Compliance – Collecting administrative monetary penalties and determining when employers are in default of payment (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-collecting-administrative-monetary-penalties-determining-when-employers-default-payment.html" + }, + { + "id": "pdi-tr-72-0-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer Compliance – Collecting administrative monetary penalties and determini", + "marginal_note": "Employer Compliance – Collecting administrative monetary penalties and determining when employers are in default of payment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Once the employer is determined to be non-compliant and an AMP amount is imposed, the designated officer sends an NOFD of non-compliance which includes the AMP amount to the employer. This NOFD requests payment in full 40 days from the date of the letter (30 days plus 10 days for ‘deemed received’). The NOFD also provides the employer with Immigration, Refugees and Citizenship Canada (IRCC)-Finance contact information to make a payment or to reach a payment agreement within the 30-day period.\nCollection officers collect the debt owed to the Crown. The role of the collection officer in IRCC - Finance is to negotiate the terms of the payment agreement with the employer and to collect the payment of the administrative monetary penalty specified in NOFD by following IRCC’s collection procedures. Collection officers cannot negotiate the amount of the AMP with the employer after an NOFD is issued.\nImmigration, Refugees and Citizenship Canada collects only those AMPs it issues and Employment and Social Development Canada (ESDC) collects AMPs it issues under A146(1.1) of the Immigration and Refugee Protection Act .\nRefer to Legal References related to temporary residents/Employer Compliance section for information on the Acts and Regulations that govern collection activities.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Employer Compliance – Collecting administrative monetary penalties and determining when employers are in default of payment (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-collecting-administrative-monetary-penalties-determining-when-employers-default-payment.html" + }, + { + "id": "pdi-tr-72-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer Compliance – Collecting administrative monetary pen — When the employer is in default of payment?", + "marginal_note": "When the employer is in default of payment?", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In accordance with paragraph 209.996(4)(e) of the IRPR, an employer is considered in default if:\nthe debt is not paid in full by the due date (30 days after the NOFD is deemed received by the employer); or\na payment agreement is not made with the IRCC-Finance by the due date (within the 30 day period of time).\nHowever, upon making a payment agreement with IRCC-Finance by the due date (within the 30 day period of time), if the employer fails to comply with the terms of that payment agreement on one payment, the employer is then considered in default as of the day after the missed payment is due.\nTo contact IRCC-Finance:\nEmail: IRCC.FINDTTC-DALCFIN.IRCC@cic.gc.ca\nToll free: 1-888-448-4426\nHours: Monday to Friday, 8 a.m. to 4 p.m. (ET)\nA partial payment is considered a failure to comply with the terms of the payment agreement. Also, a non-sufficient fund is considered a failure to comply with terms of the payment agreement.\nFor the purpose of paragraphs 200(3)(h) and 203(2)(b) of the IRPR, once an employer is considered in default, the employer will stay in default for as long as the full AMP and interest are not paid.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: When the employer is in default of payment?", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-collecting-administrative-monetary-penalties-determining-when-employers-default-payment.html" + }, + { + "id": "pdi-tr-72-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer Compliance – Collecting administrative monetary pen — Consequences of being in default of payment", + "marginal_note": "Consequences of being in default of payment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Employers who are in default of payment become ineligible to hire foreign workers for which a work permit is required through the International Mobility Program (IMP) and the Temporary Foreign Worker Program (TFWP) until the amount of the AMP plus interest charges are fully paid.\nIf the employer is subject to an AMP only (i.e., no concurrent ban period was imposed) and is determined to be in default, the employer will be ineligible to hire foreign workers for whom a work permit is required under both the IMP and the TFWP until the full penalty amount is paid.\nIf the employer is subject to an AMP and a ban (i.e., a concurrent ineligibility period has been imposed) and is determined to be in default, the employer will only become eligible to use the IMP/TFWP after both the ineligibility period has passed and the full penalty amount is paid.\nFor more information on consequences of being non-compliant, refer to Public list of employers who have been non-compliant .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Consequences of being in default of payment", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-collecting-administrative-monetary-penalties-determining-when-employers-default-payment.html" + }, + { + "id": "pdi-tr-72-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer Compliance – Collecting administrative monetary pen — Case scenarios", + "marginal_note": "Case scenarios", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When an employer is found non-compliant and is subject to an AMP, there are four possible scenarios, as described below.\nScenario 1: Employer pays the AMP in full within 30 days after the NOFD is deemed received\nThe employer’s information in IRCC’s financial system and in the Global Case Management System (GCMS) must be updated to reflect the full payment of the AMP.\nThe list of employers who have been non-compliant must be updated without delay.\nIf the employer is not subject to a ban, they continue to access IMP and TFWP.\nScenario 2: Employer and IRCC-Finance enter into a payment agreement and the agreement is upheld\nIRCC-Finance formalizes the payment agreement and sends it to the employer by email;\nThe employer is required to respond and to acknowledge their agreement with the terms and conditions.\nIf the employer pays the AMP in full as described in the payment agreement, the employer’s information in SAP and GCMS and the list of employers who have been non-compliant will be updated to reflect the payment of the AMP.\nIf the employer is not subject to a ban, they continue to access the IMP and TFWP.\nScenario 3: Employer and IRCC-Finance enter into a payment agreement and the agreement is not upheld\nIf the employer is in arrears of one payment after entering into an agreement, they are considered to be in default .\nOnce the employer is in default of payment, they will become ineligible to access both programs: TFWP and IMP.\nThe employer’s information in IRCC’s financial system, in GCMS, and on the list of employers will be updated to reflect the non-payment of the AMP and the ineligibility status of the employer.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Case scenarios (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-collecting-administrative-monetary-penalties-determining-when-employers-default-payment.html" + }, + { + "id": "pdi-tr-72-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer Compliance – Collecting administrative monetary pen — Case scenarios", + "marginal_note": "Case scenarios", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Based on IRCC-Finance’s internal guidelines, IRCC may refer the recovery process to the Canada Revenue Agency’s (CRA) refund set-off program, which results in the seizure of income tax refunds or tax credits. The seized funds are applied to the AMP balance until it is paid in full.\nSet-off is defined as withholding of monies from a government refund or other federal payment due to debtor and applying those monies against debts owing to the Crown by that debtor.\nOnce the AMP is paid in full, the employer resumes the privilege of using the IMP and TFWP.\nIf the AMP is not paid in full, the employer continues to be ineligible until the full AMP amount is paid.\nScenario 4: Employer does not pay the AMP in full and does not enter into a payment agreement within 30 days\nIf an employer pays a portion of the AMP or does not make any payment, and does not enter into an agreement with IRCC within 30 days of the NOFD being deemed received; the employer will be in default and is ineligible to access the IMP and TFWP until the AMP amount is paid in full.\nEmployer’s information in IRCC’s financial system, in GCMS, and on the list of employers will be updated to reflect the defaulting status of the AMP.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Case scenarios (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-collecting-administrative-monetary-penalties-determining-when-employers-default-payment.html" + }, + { + "id": "pdi-tr-72-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer Compliance – Collecting administrative monetary pen — How to determine the due date of an AMP", + "marginal_note": "How to determine the due date of an AMP", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In accordance with section 209.996(4)(e)of the IRPR, an AMP must be paid by the employer within 30 days after the day on which the NOFD is received, unless a payment agreement for the payment of the amount and interest has been reached within that same period.\nAs per subsection 27(5) of the Interpretation Act , when calculating the 30 days period of time within which the employer must have paid the AMP or have reached an agreement for the payment of the AMP and the interest, by combination of R209.996(4)(e) and R209.996(6) of the IRPR the day on which the NOFD is deemed to have been received is not counted in the computation of time\nExample: If an NOFD is sent on Friday, September 30, 2016, the 10-day period does not include September 30, 2016.Therefore, the date it is deemed to have been received is Monday, October 10, 2016 to allow the full 10-day period.\nIn the example above, October 10 is the deemed date of receipt. October 10 is not counted in the computation of time for the 30 days period within which the employer must pay the AMP or have reached an agreement. Day 1 will be October 11, 2016, and the last day the employer will have to make the payment or conclude an agreement is November 9, 2016. On November 10, 2016 the employer will be in default if the AMP is not paid in full or an agreement has not been reached.\nAs per section 26 of the Interpretation Act , if the last day of the 10-day period is a holiday then the next day that is not a holiday shall be the expiry date.\nIf November 9, 2016 had been a holiday, the employer would have had until November 10, 2016 to make the payment or reach the agreement.\nThe definition of “holiday” is found in subsection 35(1) of the Interpretation Act .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: How to determine the due date of an AMP", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-collecting-administrative-monetary-penalties-determining-when-employers-default-payment.html" + }, + { + "id": "pdi-tr-72-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer Compliance – Collecting administrative monetary pen — Deferment of payment", + "marginal_note": "Deferment of payment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A deferment of payment does not mean the debt is erased in any way. Deferment of payment means an arrangement within a payment agreement that can be made if the employer, in acceptable exceptional circumstances, cannot make a few payments. Interest will still be charged in that period of time. The impact would mainly be that the employer would not be found in default.\nNote: The ability for IRCC collection officer to agree to defer payment needs to be explicitly set out in the agreement itself, otherwise, the employer must pay according to the schedule set out in the agreement. An officer cannot decide to vary the terms of the agreement unless there is specific authority to do so in the agreement itself.\nThe terms of the payment agreement may include provision for deferment of payment, in the following circumstances:\nemployer cannot afford to pay the full AMP amount within 30 days;\nforce majeure: flood, fire, earthquake, etc.;\nextenuating personal or family circumstances (e.g., illness, death);\nemployer unable to act or to have someone else act on their behalf;\nother circumstances beyond the employer’s control.\nHowever, the payment agreement should not allow for deferment of payment in the following circumstances:\npast failure to respond: employer was unreachable; employer did not return calls or did not respond to collection letters for a sustained period of time;\nevasive engagement or lack of employer cooperation;\nemployer made false or misleading representation, statement or declaration in relation to the AMP payment;\nemployer failed to proceed diligently with the AMP payment;\nemployer in breach of the terms of the payment agreement/schedule with no acceptable explanation to justify the failure.\nThe Accounts Receivable Supervisor at IRCC-Finance is responsible for approving all deferments. If a deferment of payment is accepted, the employer remains eligible during this period of time unless the employer is subject to a ban.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Deferment of payment", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-collecting-administrative-monetary-penalties-determining-when-employers-default-payment.html" + }, + { + "id": "pdi-tr-72-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer Compliance – Collecting administrative monetary pen — Collecting interest", + "marginal_note": "Collecting interest", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A payment agreement with an employer shall provide for interest to be charged on AMPs in accordance with the Interest and Administrative Charges Regulations (the regulations).\nIn accordance with subsection 5(1) of the regulations, the interest on the AMPs is calculated and compounded monthly on the amount owing at the average Bank of Canada rate, plus three percent. This rate is the Payment on Due Date interest rate.\nThe accrual of interest on program debts will cease when the debt due to the Crown is paid in full or where there are circumstances beyond the control of a debtor, and those circumstances are caused by events that are external to the department (e.g., postal strike, delays in the processing of a payment or other error by a financial institution, death of a debtor, etc.), as set out in subsection 9(2) of the regulations.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Collecting interest", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-collecting-administrative-monetary-penalties-determining-when-employers-default-payment.html" + }, + { + "id": "pdi-tr-72-7-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer Compliance – Collecting administrative monetary pen — Roles and responsibilities", + "marginal_note": "Roles and responsibilities", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Collection and monitoring of AMP payments is a coordinated effort between Case Management Branch (CMB) and IRCC­ Finance, and is predominately led by IRCC Finance. An employer is notified of an AMP through the NOFD, which will inform the employer of the AMP amount, details on how to make payment, and IRCC Finance contact details if the employer wishes to enter into a payment agreement.\nWhen a designated CMB officer establishes that an employer has committed a violation, the officer will:\nsend an NOFD to the employer – with a 30-day timeline in which the employer is requested to pay the AMP. The NOFD is deemed received by the employer 10 days after the day on which it is sent out. The NOFD provides, among other information, a contact email and telephone number at IRCC-Finance who is responsible for collecting the AMP and negotiating payment agreements;\nIf the employer is subject to an AMP and ban, update GCMS by changing the status field from “Active” to “Inactive” and entering the date on which the ban period ends;\nIf the employer is subject to an AMP only, update GCMS by entering officer’s notes in the Employer Remark section (Employer will remain eligible to employ foreign nationals for whom a work permit is required, unless they have not paid the AMP or are not complying with a payment agreement if one was entered into within the 30 day period.)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Roles and responsibilities (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-collecting-administrative-monetary-penalties-determining-when-employers-default-payment.html" + }, + { + "id": "pdi-tr-72-7-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer Compliance – Collecting administrative monetary pen — Roles and responsibilities", + "marginal_note": "Roles and responsibilities", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When an employer is found in default and is ineligible to hire foreign workers, CMB will change the status of the employer in the Organizations and Entities Tab from ‘active’ to ‘inactive.’ This change will only be made on employers in GCMS where there is sub-type ‘Regulatory Employer’ or ‘Regulatory Employer – Branch’ as this indicates that the employer created the account through the Employer Portal. Once the AMP is paid in full, update GCMS by changing the status field from “Inactive” to “Active”.\nsend a request to IRCC Communications to update the list of employers who have been non-compliant on the IRCC website including any subsequent changes to the employer’s status (if status changed from ineligible to eligible or vice versa).\nIf the employer is subject to an AMP, complete the Account Receivable Establishment form FIN 0009 and send it to Loans and Accounts Receivable/IRCC-Finance via email to initiate an AMP collection.\nupdate GCMS ( Remarks section) with any relevant information regarding the employer who is subject to an AMP and/or ban, or is in default.\nWhen IRCC collection officer receives information from CMB on employers who are subject to an AMP, they will:\nimplement IRCC-Finance’s standard operations collection procedures for AMP payment.\nIf employers contact IRCC-Finance to enter into a payment agreement within the 30-day period after an NOFD is deemed received, negotiate with the employer the terms of the agreement, including due dates, method of payment, interest.\naccept appropriate forms of payment, as supported by the Receiver General, for the settlement of accounts receivable (AR).\nFor the purpose of AMP collection, input the following information in SAP:\nEmployer’s name\nBusiness number\nEmployer’s address\nPrimary contact person", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Roles and responsibilities (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-collecting-administrative-monetary-penalties-determining-when-employers-default-payment.html" + }, + { + "id": "pdi-tr-72-7-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer Compliance – Collecting administrative monetary pen — Roles and responsibilities", + "marginal_note": "Roles and responsibilities", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Primary contact person’s email Address and telephone number\nCollection Officers’ notes regarding calls to employers who have or have not made regular payments within the 30-day period or as required by an AMP payment agreement.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Roles and responsibilities (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-collecting-administrative-monetary-penalties-determining-when-employers-default-payment.html" + }, + { + "id": "pdi-tr-72-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer Compliance – Collecting administrative monetary pen — Communication between IRCC-Finance and CMB", + "marginal_note": "Communication between IRCC-Finance and CMB", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "It is imperative that IRCC-Finance communicate immediately with CMB in the following situations:\nThe employer pays the AMP in full: IRCC-Finance advises CMB without delay by email. CMB will then update GCMS accordingly and will send a request to IRCC Communications to update the list of employers on the public website.\nThe employer is found to be in default. The employer consequently becomes ineligible to hire foreign workers. IRCC Finance should advise CMB immediately so that the information is reflected in GCMS and the list of employers .\nThe employer is found to be in default; but they pay the AMP in full afterwards. As a result, they become eligible again to hire foreign workers. IRCC-Finance informs CMB immediately so that the information can be reflected in GCMS and the list of employers .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Communication between IRCC-Finance and CMB", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-collecting-administrative-monetary-penalties-determining-when-employers-default-payment.html" + }, + { + "id": "pdi-tr-72-9", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer Compliance – Collecting administrative monetary pen — Communication between IRCC and ESDC/Service Canada (SC)", + "marginal_note": "Communication between IRCC and ESDC/Service Canada (SC)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Case Management Branch must inform ESDC/SC immediately when an employer pays the AMP in full or is found to be in default of payment. For more information on how and when to communicate with ESDC/SC, refer to program delivery instructions Public list of Employers who have been non-compliant .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Communication between IRCC and ESDC/Service Canada (SC)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-collecting-administrative-monetary-penalties-determining-when-employers-default-payment.html" + }, + { + "id": "pdi-tr-72-10", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Employer Compliance – Collecting administrative monetary pen — How the default policy will be applied in case of corporate ", + "marginal_note": "How the default policy will be applied in case of corporate mergers or acquisitions?", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the company against whom an AMP was assessed is merged with or acquired by another, the AMP becomes a liability of the new (larger) company, payable by it as of the date specified in the notice of final determination. Default would be calculated as of the date the AMP was payable in accordance with the regulations.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: How the default policy will be applied in case of corporate mergers or acquisitions?", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-collecting-administrative-monetary-penalties-determining-when-employers-default-payment.html" + }, + { + "id": "pdi-tr-73-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Exemption from the employer compliance regime for the International Mobility Pro", + "marginal_note": "Exemption from the employer compliance regime for the International Mobility Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nAs per the amendment to subsection R209.9(1) of the Immigration and Refugee Protection Regulations (IRPR) effective February 27, 2018, certain employers are exempt from the International Mobility Program (IMP) employer compliance regime.\nThe exempted employers do not need to meet the requirement to submit an offer of employment directly to Immigration, Refugees and Citizenship Canada (IRCC) through an account in the Employer Portal or pay the employer compliance fee when making an offer of employment to foreign workers.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Exemption from the employer compliance regime for the International Mobility Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/compliance-exempt-employers.html" + }, + { + "id": "pdi-tr-73-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Exemption from the employer compliance regime for the Intern — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "About the exemption\nExempt employers\nProcessing LMIA-exempt, employer-specific applications exempt from the compliance regime", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/compliance-exempt-employers.html" + }, + { + "id": "pdi-tr-73-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Exemption from the employer compliance regime for the Intern — About the exemption", + "marginal_note": "About the exemption", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Effective February 27, 2018, regulatory amendments were introduced to exempt certain employers, such as foreign missions, international organizations, foreign governments, and owners or operators of an international bridge or tunnel, from the requirement to submit an offer of employment directly to IRCC and pay the employer compliance fee when hiring foreign workers under the IMP.\nWhen submitting the work permit application, the foreign national must still provide the employment contract and all the documentary evidence to satisfy the officer that they meet the requirements for a Labour Market Impact Assessment (LMIA) exemption.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: About the exemption", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/compliance-exempt-employers.html" + }, + { + "id": "pdi-tr-73-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Exemption from the employer compliance regime for the Intern — Exempt employers", + "marginal_note": "Exempt employers", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The following employers are exempt from the employer compliance regime:\na foreign government offering employment to foreign nationals to perform official duties for that government in Canada (see specific instructions in International Mobility Program: Unique work situations – United States government personnel ); this includes any of the following:\nofficers of the United States Citizenship and Immigration Services carrying out pre-inspection duties in Canada\nan American member of the International Joint Commission or a United States (U.S.) grain inspector\na U.S. government official in possession of an official U.S. passport who is assigned to a temporary posting in Canada\nhigh-ranking foreign government personnel not accredited to Canada (LMIA exemption code C12)\nNote: This does not include governments of a political subdivision of a foreign state within the meaning of the State Immunity Act or state-owned enterprises.\nthe office of a political subdivision of a foreign state that enjoys privileges and immunities granted under subsection 6(1) of the Foreign Missions and International Organizations Act\na foreign diplomatic mission or consular post referred to in Part I of the Foreign Missions and International Organizations Act or an international organization or accredited mission as defined in subsection 2(1) Footnote i   of that Act; see the following specific instructions:\nInterns with international organizations under the Foreign Missions and International Organizations Act [LMIA exemption C10]\nLocally-engaged staff of diplomatic and consular missions and international organizations\nReciprocal employment [LMIA exemption C20 ]\nthe owner or operator of an international bridge or tunnel, as defined in section 2 of the International Bridges and Tunnels Act (see specific instructions in Employees of bridge and tunnel authorities working in Canada [LMIA exemption C20] )", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Exempt employers", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/compliance-exempt-employers.html" + }, + { + "id": "pdi-tr-73-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Exemption from the employer compliance regime for the Intern — Processing LMIA-exempt, employer-specific applications exemp", + "marginal_note": "Processing LMIA-exempt, employer-specific applications exempt from the compliance regime", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The applicant has selected the option “I have a job offer that doesn’t need an Offer of employment number” in their temporary residence eApp for the type of work permit they are seeking. This will eliminate the requirement to include the LMIA-exempt number (offer of employment number).\nThe applicant must still pay the work permit processing fee . As per step 3 on the page Steps to determine work and assessment of work permit applications , the officer must be satisfied that the job position meets the criteria for exempting the employer from the compliance regime. If the applicant selected “I have a job offer that doesn’t need an Offer of employment number” on the application in error and the position is LMIA-exempt, and if there is no offer of employment in the system (that is, it was submitted by the employer via the Employer Portal), the work permit application must be refused under paragraph R200(3)(f.1) [see the section “ No offer of employment information or employer compliance fee submitted ”].\nIf the officer is satisfied that the job position meets the criteria for a compliance regime exemption, no electronic offer of employment is required to be submitted by the employer through the Employer Portal, and the application can continue to be processed. Although the employer is exempt from paying the employer compliance fee, the system will still expect the fee to be paid. The processing officer must manually enter the fee exemption code “ EC1 ”.\nBecause the work permit type “I have a job offer that doesn’t need an Offer of employment number” was selected on the application, the system will automatically default to case type code 60.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Processing LMIA-exempt, employer-specific applications exempt from the compliance regime (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/compliance-exempt-employers.html" + }, + { + "id": "pdi-tr-73-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Exemption from the employer compliance regime for the Intern — Processing LMIA-exempt, employer-specific applications exemp", + "marginal_note": "Processing LMIA-exempt, employer-specific applications exempt from the compliance regime", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Employer compliance-exempt employers are not required to submit an offer of employment electronically to IRCC through an Employer Portal account, and no compliance inspections will be conducted. Therefore, the instructions in “Guide 5487: Applying for a Work Permit outside Canada” [ IMM 5487 ] and “Guide 5553: Applying for a work permit inside Canada – extend, change conditions, initial and open work permits” [ IMM 5553 ] inform the applicant that they should select “Other” for the type of work permit they are seeking. This will eliminate the requirement to include the LMIA-exempt number (offer of employment “A” number) on the application form.\nFootnote i\nA “political subdivision” is any province, state, territory, dependency or any other similar subdivision of a state.\nReturn to footnote i referrer", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Processing LMIA-exempt, employer-specific applications exempt from the compliance regime (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/compliance-exempt-employers.html" + }, + { + "id": "pdi-tr-74-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Electronic travel authorization", + "marginal_note": "Electronic travel authorization", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nAn electronic travel authorization (eTA) is required for most visa-exempt foreign nationals travelling to or transiting through Canada by air or travelling to Canada by vessel directly from Saint-Pierre-et-Miquelon.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Electronic travel authorization", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta.html" + }, + { + "id": "pdi-tr-74-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Electronic travel authorization — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "About an eTA\nWho needs an eTA\neTA expansion eligibility\nWho does not need an eTA\nHow eTA applications are assessed\nFor more information", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta.html" + }, + { + "id": "pdi-tr-74-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Electronic travel authorization — About an eTA", + "marginal_note": "About an eTA", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As per subsection 11(1.01) of the Immigration and Refugee Protection Act (IRPA) and subsection 7.1(1) of the Immigration and Refugee Protection Regulations (IRPR), all visa-exempt foreign nationals travelling to or transiting through Canada by air or travelling to Canada by vessel directly from Saint-Pierre-et-Miquelon must apply for an eTA through the electronic system and hold a valid eTA before entering Canada.\nThis requirement does not apply to foreign nationals travelling to or transiting through Canada by land, sea or rail, with the exception of those travelling to Canada by vessel directly from Saint-Pierre-et-Miquelon (not including cruise ships or vessel crew members).\nAn eTA is valid for 5 years or until the applicant’s passport expires, whichever occurs sooner ( section R12.05 ).\nAn eTA can be cancelled by a designated officer. Once cancelled, an eTA is no longer valid ( section R12.06 ).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: About an eTA", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta.html" + }, + { + "id": "pdi-tr-74-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Electronic travel authorization — Who needs an eTA", + "marginal_note": "Who needs an eTA", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "An eTA is required for all visa-exempt foreign nationals, except United States (U.S.) citizens and certain other small groups .\nSection R190 describes individuals who are exempt from the requirement to obtain a temporary resident visa (TRV). These individuals therefore require an eTA.\nAs of April 26, 2022, lawful permanent residents of the U.S. do not need an eTA to fly to or transit through a Canadian airport. For all methods of travel, they must present their passport and proof of their valid lawful permanent resident status in the U.S. (such as a valid green card or a valid I-551 [ADIT] stamp in their passport).\nAs of June 5, 2026, visa-exempt foreign nationals require an eTA to travel to Canada by vessel directly from Saint-Pierre-et-Miquelon. A foreign national with a valid eTA would not need to apply for a new one to travel to Canada by vessel from Saint-Pierre-et-Miquelon.\nCountries whose nationals require an eTA\nAndorra\nAustralia\nAustria\nBahamas\nBarbados\nBelgium\nBrunei Darussalam\nBulgaria\nBritish overseas territories whose citizens derive their citizenship through birth, descent, naturalization or registration in that territory:\nAnguilla\nBermuda\nBritish Virgin Islands\nCayman Islands\nFalkland Islands\nGibraltar\nMontserrat\nPitcairn Island\nSaint Helena\nTurks and Caicos Islands\nChile\nCroatia\nCyprus\nCzech Republic\nDenmark\nEstonia\nFinland\nFrance\nGermany (Federal Republic of)\nGreece\nHungary\nIceland\nIreland\nItaly\nJapan\nKorea (Republic of)\nLatvia\nLiechtenstein\nLithuania\nLuxembourg\nMalta\nMonaco\nNetherlands\nNew Zealand\nNorway\nPapua New Guinea\nPoland\nPortugal\nQatar\nRomania (electronic passport holders only)\nSamoa\nSan Marino\nSingapore\nSlovakia\nSlovenia\nSolomon Islands\nSpain\nSweden\nSwitzerland\nUnited Arab Emirates", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Who needs an eTA (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta.html" + }, + { + "id": "pdi-tr-74-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Electronic travel authorization — Who needs an eTA", + "marginal_note": "Who needs an eTA", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "United Kingdom (including British overseas citizens who are re-admissible to the United Kingdom)\nDocuments of individuals who require an eTA\nForeign nationals who hold any of the following documents also require an eTA:\nA passport or travel document issued by the Holy See\nA national Israeli passport\nA passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China\nA passport issued by the United Kingdom to a British national (overseas), such as a person born, naturalized or registered in Hong Kong\nA passport issued by the United Kingdom to a British subject that contains the observation that the holder has the right of abode in the United Kingdom\nAn ordinary passport issued by the Ministry of Foreign Affairs in Taiwan that includes the personal identification number of the individual", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Who needs an eTA (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta.html" + }, + { + "id": "pdi-tr-74-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Electronic travel authorization — eTA expansion eligibility", + "marginal_note": "eTA expansion eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Subsections R7.01(1) and (2) expand the eligibility criteria of the eTA requirement to allow certain foreign nationals who meet specific conditions to apply for an eTA.\nThese foreign nationals may apply for an eTA only if they are travelling to Canada by air and if, at the time of application, either of the following applies:\nthey have held a Canadian temporary resident visa (TRV) in the past 10 years\nthey hold a valid U.S. nonimmigrant visa (NIV)\nIf such an individual does not meet the eligibility requirements listed above, they are not eligible to apply for an eTA. They must then be in possession of a valid TRV to travel to or transit through Canada.\nNote: If a foreign national holding an eTA on the basis of eTA expansion eligibility is travelling to or transiting through Canada by a means other than air, they must have a valid TRV.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: eTA expansion eligibility", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta.html" + }, + { + "id": "pdi-tr-74-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Electronic travel authorization — Who does not need an eTA", + "marginal_note": "Who does not need an eTA", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Subsections R7.1(2) and (3) describe individuals who are exempt from the eTA requirement.\nThey include the following:\nindividuals who hold a valid Canadian TRV or temporary resident permit (TRP)\nHis Majesty in Right of Canada and any member of the (British) Royal Family\na national of the United States or a person who has been lawfully admitted to the United States for permanent residence\nforeign nationals who hold a passport that contains a diplomatic acceptance, a consular acceptance or an official acceptance issued by the Chief of Protocol for the Department of Foreign Affairs and International Trade on behalf of the Government of Canada and who are properly accredited diplomats, consular officers, representatives or officials of a country other than Canada, of the United Nations or any of its agencies or of any international organization of which Canada is a member\nforeign nationals seeking to enter and remain in Canada in either of the following cases:\nas a member of a means of transportation that may be used for transportation by air or to become a member of such a crew\nto transit through Canada after working, or to work, as a member of a means of transportation that may be used for transportation by air, if they possess a ticket for departure from Canada within 24 hours after their arrival in Canada\ncitizens of France who are residents of Saint-Pierre-et-Miquelon who seek to enter Canada directly from Saint-Pierre-et-Miquelon by any mode of travel, including by vessel\nforeign nationals seeking to enter and remain in Canada solely to transit through Canada as a passenger on a flight stopping in Canada for the sole purpose of refuelling, in the following cases:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Who does not need an eTA (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta.html" + }, + { + "id": "pdi-tr-74-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Electronic travel authorization — Who does not need an eTA", + "marginal_note": "Who does not need an eTA", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "where they are in possession of documents required to enter the U.S. and their flight is bound for that country\nwhere they were lawfully admitted to the U.S. and their flight originated in that country\nforeign nationals seeking to enter and remain in Canada solely to transit through Canada as passengers on a flight that, owing to an emergency or other unforeseen circumstances, makes an unscheduled stop in Canada\nforeign nationals seeking to enter and remain in Canada solely to transit through Canada as passengers on a flight, as long as the following applies:\nthey are transported by a commercial transporter and there is a memorandum of understanding referred to in subsection R190(4) in effect between the Minister and the commercial transporter concerning the transit of passengers through Canada without a Canadian visa\nthey hold a passport or travel document that was issued by the country of which they are a citizen or national, and that country is listed in the memorandum of understanding\nthey are in possession of any visa required to enter the country of destination\nforeign nationals seeking to enter and remain in Canada solely to carry out official duties as members of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act , unless they have been designated under that Act as civilian components of those armed forces\nforeign nationals seeking to enter and remain in Canada solely to re-enter Canada following a visit solely to the U.S. or Saint-Pierre-et-Miquelon, as long as the following applies:\nthey held a study permit or a work permit that was issued before they left Canada on such a visit or were authorized to enter and remain in Canada as temporary residents", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Who does not need an eTA (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta.html" + }, + { + "id": "pdi-tr-74-5-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Electronic travel authorization — Who does not need an eTA", + "marginal_note": "Who does not need an eTA", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "they return to Canada by the end of the period initially authorized for their stay or any extension to it\nforeign nationals seeking to enter and remain in Canada solely to conduct inspections of the flight operation procedures or cabin safety of a commercial air carrier operating international flights, if they are a civil aviation inspector of a national aeronautical authority and possess valid documentation to that effect\nforeign nationals seeking to enter and remain in Canada solely to participate as accredited representatives or as advisers to an aviation accident or incident investigation conducted under the Canadian Transportation Accident Investigation and Safety Board Act , if they possess valid documentation to that effect\nforeign nationals seeking to enter and remain in Canada who are travelling directly to Canada by vessel from Saint-Pierre-et-Miquelon in either of the following cases:\non a vessel that has overnight accommodations for at least 100 people, exclusive of accommodations for any members of the crew\nas a member of the crew aboard a vessel seeking to enter Canada and remain solely as a member of the crew of that vessel or another vessel", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Who does not need an eTA (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta.html" + }, + { + "id": "pdi-tr-74-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Electronic travel authorization — How eTA applications are assessed", + "marginal_note": "How eTA applications are assessed", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Most eTA applications are processed automatically in the Global Case Management System (GCMS).\nRefusals\nApplicants whose eTA is refused are notified by email of the reasons for the decision.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: How eTA applications are assessed", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta.html" + }, + { + "id": "pdi-tr-75-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Who needs a study permit", + "marginal_note": "Study permits: Who needs a study permit", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Study permits: Who needs a study permit", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/who-needs-study-permit.html" + }, + { + "id": "pdi-tr-75-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Who needs a study permit — When a study permit is required", + "marginal_note": "When a study permit is required", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Foreign nationals are required to obtain a study permit for engaging in academic, professional, vocational or other education or training that is more than 6 months in duration at a designated learning institution (DLI) in Canada.\nThe following activities are not considered studies for the purposes of the Immigration and Refugee Protection Act (IRPA) and do not require a study permit:\npre-school (pre-kindergarten)\ncourses of general interest or self-improvement\ndistance learning\naudited courses (typically by sitting in on an academic course, but without obtaining credit for it, or having the ability to obtain credit for it retroactively)\nsettlement and integration courses offered by a provincial or territorial government through settlement and integration providers (including francization courses offered by the Government of Quebec, as they are considered settlement and integration courses and not language courses by IRCC)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: When a study permit is required", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/who-needs-study-permit.html" + }, + { + "id": "pdi-tr-75-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Who needs a study permit — Who is exempt from the requirement for a study permit", + "marginal_note": "Who is exempt from the requirement for a study permit", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A foreign national is exempt from the study permit requirement in the following situations:\nminor children inside Canada [A30(2)]\nfamily members and members of the private staff of accredited foreign representatives [R188(1)(a)]\nmembers of the armed forces of a country designated for the purposes of the Visiting Forces Act (VFA) [R188(1)(b)]\nshort-term courses [R188(1)(c)]\nregistered Indians [R188(1)(d)]\nPublic policy exempting temporary foreign worker apprentices in the construction sector from the study permit requirement [R188(1)] – International Mobility Program (IMP)\nforeign nationals eligible for the temporary public policy allowing certain valid work permit holders or certain foreign nationals who are authorized to work under paragraph R186(u) to study without a study permit as of June 27, 2023\nMinor children inside Canada [A30(2)]\nConsult guidelines on minor children .\nFamily members and members of the private staff of accredited foreign representatives [R188(1)(a)]\nFamily members or members of the private staff of a foreign representative who is properly accredited by Global Affairs Canada (GAC) and who is in Canada to carry out official duties as a diplomatic agent, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies, or of any international organization of which Canada is a member, do not require a study permit [ R188(1)(a) ].\nAll people coming to Canada on posting, including their family members, must be in possession of diplomatic or official visas.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Who is exempt from the requirement for a study permit (part 1 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/who-needs-study-permit.html" + }, + { + "id": "pdi-tr-75-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Who needs a study permit — Who is exempt from the requirement for a study permit", + "marginal_note": "Who is exempt from the requirement for a study permit", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Entry is initially authorized for a period of 6 months. During this period, the passport is sent to the Office of Protocol at GAC. The Office of Protocol will imprint a diplomatic (D), consular (C), official (J) or international (I) acceptance counterfoil to the person’s passport indicating that the person is accredited to Canada and entitled to remain in Canada for the duration of status.\nDependent children under 19 years of age who are considered members of the family forming part of the household will be issued an acceptance counterfoil by the Office of Protocol. They do not require a study permit. Children from 19 to 24 years of age are only issued an acceptance counterfoil if they are registered as full-time students.\nForeign representatives’ dependent children in Canada who are 25 years of age or older may be considered for an official acceptance only in exceptional circumstances.\nConsult the Office of Protocol policy on the accreditation of immediate family members of foreign representatives.\nMembers of the armed forces of a country designated for the purposes of the Visiting Forces Act (VFA) [R188(1)(b)]\nMembers of the armed forces, both military and designated civilian personnel, coming to Canada from a designated state for the purposes of the Visiting Forces Act (VFA) to attend any school, training course or unit are considered on active duty and are exempt from the study permit requirement as per paragraph 188(1)(b) of the Immigration and Refugee Protection Regulations (IRPR) regardless of the length of the course. The military or civilian personnel should be in possession of a letter of acceptance from Canada’s Department of National Defence (DND).\nOnly military personnel, designated under the VFA, are also exempt from the requirements of a", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Who is exempt from the requirement for a study permit (part 2 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/who-needs-study-permit.html" + }, + { + "id": "pdi-tr-75-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Who needs a study permit — Who is exempt from the requirement for a study permit", + "marginal_note": "Who is exempt from the requirement for a study permit", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "passport under paragraph R52(2)(e)\nThe member must still provide a valid military identification document issued by their government.\ntemporary resident visa (TRV) under paragraph R190(3)(d) or an electronic travel authorization (eTA) as per paragraph R7.1(3)(f)\nmedical examination under paragraph R30(1)(d)\nCivilian personnel are not exempt from the requirements of a passport, TRV, eTA or medical examination, even when travelling under military orders.\nImportant: If the program or training in Canada is longer than 6 months, or upon request, a visitor record should be issued. This will facilitate the military or civilian personnel in obtaining provincial or other federal services while in Canada. A visible user remark stating, “Study permit exempt under paragraph R188(1)(b)” should be added on the visitor record.\nMilitary and civilian personnel from non-VFA designated countries are not exempt from the requirement for a study permit if their program or training is more than 6 months. In addition, they are not exempt from the applicable fees for a study permit, TRV, eTA or biometrics.\nPrograms or training less than 6 months do not require a study permit, regardless of whether the military or civilian personnel is from a VFA designated country or not. For more guidance, consult short-term courses .\nA DLI number was created for military or civilian personnel who are not exempt from the study permit requirement and have been accepted into military educational institutions that are federally administered: Military Educational Institution O241487822222 .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Who is exempt from the requirement for a study permit (part 3 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/who-needs-study-permit.html" + }, + { + "id": "pdi-tr-75-2-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Who needs a study permit — Who is exempt from the requirement for a study permit", + "marginal_note": "Who is exempt from the requirement for a study permit", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Accompanying family members, regardless of country of origin, are required to obtain a study permit, TRV, eTA, or have a valid and passed medical certificate, if required, when seeking entry. Minor children of a member are governed by subsection A30(2) if they are physically in Canada.\nFamily members are, however, exempt from the TRV fee [ R296(2)(b) ] and the study permit fee [ R300(2)(e) ].\nRelated guidance: Military or designated civilian personnel who are entering Canada on exchange with or to join the Canadian Armed Forces (CAF) are entering to work. For more guidance, consult Military personnel [R186(d)] – Authorization to work without a work permit .\nShort-term courses [R188(1)(c)]\nForeign nationals may enter Canada or remain in Canada without a study permit to attend a course or program of study of 6 months’ duration or less [ R188(1)(c) ]. This exemption helps to facilitate access to short-term courses or programs, regardless of their subject matter. The course or program of study may be part-time or full-time and must be completed within the period authorized upon entry.\nIf a foreign national is issued a work permit or visitor record upon entry, they may attend short term courses/programs which are 6 months or less in duration within this authorized stay. However, if they apply to extend their stay in Canada, they must obtain a study permit to attend any length of course/program once the initial work permit or visitor record validity has expired.\nWhile a study permit is not required for short-term courses or programs, a foreign national may apply for a study permit before entering Canada. An officer must accept and process an application for a study permit, even when the duration of the course or program of study is 6 months or less.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Who is exempt from the requirement for a study permit (part 4 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/who-needs-study-permit.html" + }, + { + "id": "pdi-tr-75-2-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Who needs a study permit — Who is exempt from the requirement for a study permit", + "marginal_note": "Who is exempt from the requirement for a study permit", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Holding a study permit for short-term courses or programs may allow students to apply later, from within Canada [ R215(1)(a) ], to renew or change the conditions of their study permit for further studies. Study permit holders may also be eligible to participate in work programs that are available to international students [ R186(f) , R186(v) and R205 ].\nThe duration of the course or program of study is often a more important consideration than the number of months the foreign national intends to study. With the exception of exchange programs, even if foreign nationals plan to study for 6 months or less, if the course or program is longer than 6 months, they would not be authorized to study without a study permit and would need a study permit.\nWhile a foreign national may attend a short-term course or program without a study permit at a non-DLI, they may not be issued a study permit to attend courses at a non-DLI [ R216(e) ].\nSubsequent course or program of study\nGenerally, foreign nationals in Canada without a study permit wishing to enrol in a subsequent course or program of study must apply outside Canada and obtain a study permit in the normal manner (for example, at a Canadian visa office abroad). However, if a foreign national leaves and re-enters Canada, this is considered a new period of authorized stay; the foreign national can engage in subsequent programs or courses that are of a duration of 6 months or less at that point.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Who is exempt from the requirement for a study permit (part 5 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/who-needs-study-permit.html" + }, + { + "id": "pdi-tr-75-2-p6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Who needs a study permit — Who is exempt from the requirement for a study permit", + "marginal_note": "Who is exempt from the requirement for a study permit", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Foreign nationals without a study permit will not be granted an extension of their authorized stay as a visitor simply for the purpose of completing a short-term course or program 6 months or less that would last beyond their original authorized period of stay. Paragraph R188(1)(c) is not intended to allow a foreign national to complete an entire program without a study permit by taking required program courses one at a time.\nIt is recommended that foreign nationals apply for a study permit for a short-term course or program of study if they intend to apply for another program afterwards or work on the campus of the university or college at which they are a full-time student. Section R215 allows certain foreign nationals to apply for a study permit after entry to Canada .\nRegistered Indians [R188(1)(d)]\nAs per paragraph R188(1)(d) , registered, Indians or Indians entitled to be registered as defined under the Indian Act , are exempt from having to apply for a study permit.\nPublic policy exempting temporary foreign worker apprentices in the construction sector from the study permit requirement [R188(1)] – International Mobility Program (IMP)\nThis 2-year temporary public policy came into effect on February 26, 2025, and will expire on February 26, 2027, unless otherwise revoked. This public policy will allow eligible temporary worker (TW) apprentices who meet the eligibility criteria to complete their apprenticeship courses or program without a study permit, as per subsection R188(1).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Who is exempt from the requirement for a study permit (part 6 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/who-needs-study-permit.html" + }, + { + "id": "pdi-tr-75-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Who needs a study permit — Scenarios", + "marginal_note": "Scenarios", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers should examine the scenarios below to learn whether a study permit would be required in that instance.\nA student plans to come to Canada for a program of less than 6 months at a post-secondary DLI.\nNo. Although the student may complete a short-term program of study without a study permit, they may not be able to apply for a study permit from within Canada if they wish to enrol in subsequent courses that cannot be completed within their original period of authorized stay.\nA student plans to come to Canada for a program of less than 6 months at a post-secondary institution that has not been designated to host international students.\nNo. Although students may apply for a study permit to complete a short-term program of study, the issuance of study permits is limited to those attending DLIs . In this scenario, the student must reapply as a visitor.\nA student plans to come to Canada for a one-semester (4 months) Grade 12 high school exchange program.\nNo. Although Grade 12 is technically 10 months long, if the exchange program is defined as 1 semester, then no study permit is needed, as the program will be completed in less than 6 months. However, foreign nationals from visa-required countries have to apply for a TRV.\nA student plans to come to Canada for Grade 12 in a non-semester school system (but not through an exchange program).\nYes. In this case, Grade 12 is 10 months long; therefore, it will not be completed in less than 6 months.\nA student plans to come to Canada for a 4-month university exchange program and wants to be able to work on campus (and meets other criteria for on-campus work).\nYes. The student does not need a study permit to study, but they need a study permit to work on campus . The university must be a DLI .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Scenarios (part 1 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/who-needs-study-permit.html" + }, + { + "id": "pdi-tr-75-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Who needs a study permit — Scenarios", + "marginal_note": "Scenarios", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A student plans to come to Canada for 1 semester (4 months) at a college or university (but not through an exchange program).\nIt depends on how the course or program of study is identified in the letter of acceptance. If the student has been accepted to study in courses or a program that will be completed within 6 months, then they do not need a study permit. If the student has been accepted into a 2-year program, for example, they need a study permit even if they only plan to attend 6 months of the program in Canada.\nA student plans to come to Canada to attend a 4-month English as a second language (ESL) or French as a second language (FSL) course at a DLI and is thinking of following up the course with a 3-month computer course at the same DLI.\nYes. Posts should advise students in such cases to obtain a study permit before going to Canada if they are attending a DLI for the first course. This will allow them to apply later for an extension or for changes to any conditions that may have been imposed when they entered Canada.\nA student plans to come to Canada to complete a 4-month ESL course, followed by a 4-year academic program at a DLI. The student is conditionally accepted into the 4-year academic program, and successful completion of the ESL course is a prerequisite to the student’s enrolment into the 4-year academic program.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Scenarios (part 2 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/who-needs-study-permit.html" + }, + { + "id": "pdi-tr-75-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Who needs a study permit — Scenarios", + "marginal_note": "Scenarios", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "While a study permit is generally not required for short-term courses, students intending to attend a short-term prerequisite course should still be counselled to apply for a study permit before travelling to Canada. In this scenario, a study permit or SX-1 visa should be issued only for the length of the prerequisite program of study plus 90 days . The foreign national may apply for a study permit for the 4-year academic program and may do so from within Canada, pursuant to subparagraph R215(1)(f)(iii) .\nA student plans to come to Canada to complete an 8-month ESL course, followed by a 4-year academic program at a DLI. The student is conditionally accepted into the 4-year academic program, and successful completion of the ESL course is a prerequisite to the student’s enrolment into the 4-year academic program.\nYes. In this scenario, a study permit should be issued only for the length of the prerequisite program of study plus 90 days . The foreign national may apply for a study permit for the 4-year academic program once they demonstrate successful completion of the prerequisite program and may do so from inside Canada, pursuant to subparagraph R215(1)(f)(iii) .\nA student plans to come to Canada to take a 3-month course, leave Canada for a week to visit friends in the United States (U.S.) and return to Canada to take another 2-month course in another program.\nA student who has completed their first 3-month course may leave to enter the U.S. and return to Canada if they hold a study permit issued before they left on the visit and they return before the period of their initial authorized stay ends.\nA student plans to come to Canada to take a 5-month chef course at a DLI during which they will be required to work as a chef in a restaurant for a month.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Scenarios (part 3 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/who-needs-study-permit.html" + }, + { + "id": "pdi-tr-75-3-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Who needs a study permit — Scenarios", + "marginal_note": "Scenarios", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Yes. Students in such cases should obtain a study permit as well as a work permit under the Co-op Work Permit Program.\nForeign nationals eligible for the temporary public policy allowing certain valid work permit holders or certain foreign nationals who are authorized to work under R186(u) to study without a study permit as of June 27, 2023\nThe temporary public policy allows certain foreign nationals who hold a valid work permit or have applied to renew their work permit and are authorized to work under paragraph R186(u) to study in Canada without a study permit from June 27, 2023, until June 27, 2026.\nThis applies to eligible foreign nationals\nwho hold a valid work permit and whose application associated with that permit was received by IRCC on or before June 7, 2023, or\nwho submitted an application to renew a work permit on or before June 7, 2023, and are authorized to work under paragraph R186(u)\nEligible foreign nationals are authorized to study without a study permit until the earliest of the following occurrences:\nThe work permit application referred to in (2) is refused.\nThe work permit referred to in (1) or that was issued as a result of the application referred to in (2) expires.\nThis public policy expires (June 27, 2026).\nThe public policy is revoked.\nNote: Work permits may include the condition stating “unless authorized, prohibited from attending any educational institution, or taking any academic, professional or vocational training course.” For applicants who are eligible, this public policy provides the authorization being referred to in this condition.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Scenarios (part 4 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/who-needs-study-permit.html" + }, + { + "id": "pdi-tr-75-3-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Who needs a study permit — Scenarios", + "marginal_note": "Scenarios", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Eligible foreign nationals will be required to apply for a study permit if they wish to pursue a program of study that extends beyond the validity of either\ntheir valid work permit or\nthis public policy (June 27, 2026)\nQuébec Acceptance Certificate (CAQ)\nThe province of Quebec no longer requires a Québec Acceptance Certificate (CAQ) for studies from foreign nationals who wish to study in Quebec and who are authorized to do so without a study permit as a result of this measure. This CAQ exemption for workers to begin studying without a study permit authorized under this study authorization measure came into effect simultaneously on June 27, 2023. The MIFI website was updated on the effective date to reflect these changes.\nStudy permit holders\nForeign nationals who have a study permit and a valid co-op work permit are eligible for additional study programs under this measure if\nthey follow the conditions of their current study permit\nthey continue to study in their main study program\nthe additional study program doesn’t exceed the length of their existing co-op work permit\nNote: They must maintain their study permit to complete their current study program.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Scenarios (part 5 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/who-needs-study-permit.html" + }, + { + "id": "pdi-tr-76-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Making an application", + "marginal_note": "Study permits: Making an application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nForeign nationals who wish to study in Canada must apply for a study permit before presenting themselves at a Canadian port of entry (POE) unless they are one of the following:\nexempt from requiring a study permit (section R188 )\neligible to apply for a study permit on entry (section R214 )\neligible to apply for a study permit after entry (section R215 )", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Study permits: Making an application", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/making-application.html" + }, + { + "id": "pdi-tr-76-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Making an application — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "How applicants can apply\nProcessing applications from overseas\nPrerequisite courses\nIssuing an eTA\nWho should not be issued an eTA\nWho can apply at a POE\nWho can apply from within Canada\nIn Canada situations\nApplications for a study permit approved abroad\nStudy permit renewals\nVisitors in Canada\nPrerequisite course or program of study in Canada before the main program of study\nDetermining the applicants’ status\nStatus as of the date of the application\nOut of status\nLearn more", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/making-application.html" + }, + { + "id": "pdi-tr-76-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Making an application — How applicants can apply", + "marginal_note": "How applicants can apply", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Foreign nationals require a temporary resident visa (TRV) or an electronic travel authorization (eTA) to enter Canada, unless exempt from eTA requirements. For overseas applications, if the application for a study permit is approved, a TRV or an eTA is issued automatically. There is no separate fee or application for a TRV or an eTA [subsections R296(2) and R294.1(2) ] with a study permit application.\nAs per ministerial instructions 62 (MI62) , all applications for a study permit for foreign nationals who are outside Canada at the time of application must be submitted using electronic means— meaning they must apply online . The following are the exceptions to the requirement to apply online for study permits:\nforeign nationals who are outside Canada and who are unable to apply online, including for reasons of a disability, and require accommodation for the use of electronic means\nforeign nationals in possession of an identity or travel document described in paragraph R52(1)(c) issued by a country, that does not prohibit travel to Canada, that the foreign national may use to enter the country of issue and that is of the type issued by that country to non-national residents, refugees or stateless persons who are unable to obtain a passport or other travel document from their country of citizenship or nationality or who have no country of citizenship or nationality.\nAs per section R9.2 , all in-Canada visitor extension, study permit and work permit applications must be submitted online , with some exceptions, indicated in sections R9.4 and R9.5 . In addition, see the list of specific programs that are exempt from the in-Canada mandatory electronic application requirement .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: How applicants can apply (part 1 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/making-application.html" + }, + { + "id": "pdi-tr-76-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Making an application — How applicants can apply", + "marginal_note": "How applicants can apply", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "All applications, whether from in Canada or overseas, must be made through the IRCC secure account portal or the Authorized Paid Representatives Portal . If an exception to applying online applies, other means can be obtained on the IRCC website.\nProcessing applications from overseas\nFor TRV-required foreign nationals , including those eligible to apply for an eTA through eTA expansion , the TRV should be issued for multiple entries. It should be valid for the same period as the study permit or passport, whichever expires first, unless otherwise specified.\nFor eTA-required foreign nationals , the eTA is valid for 5 years from the date of issuance or until the foreign national’s passport expires, whichever occurs first, regardless of whether or not this date is after the expiry date of the study permit.\nForeign nationals who are eligible for eTA expansion receive a TRV upon the issuance of their initial study permit. If these clients are issued a renewed study permit, they are automatically issued an eTA. However, these foreign nationals still require a TRV to travel by any mode of transportation other than air.\nAs of April 26, 2022, lawful permanent residents of the United States (US) do not need an eTA to fly to or transit through a Canadian airport. In all methods of travel, they must present their passport and proof of their valid lawful permanent resident status in the US (such as a valid green card or a valid I-551 [ADIT] stamp in their passport).\nNote: While a study permit is not required for short-term courses of less than 6 months in duration, an officer must accept and process an application for a study permit, even when the duration of the course or program of study is 6 months or less [subsection R188(2) ].\nPrerequisite courses", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: How applicants can apply (part 2 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/making-application.html" + }, + { + "id": "pdi-tr-76-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Making an application — How applicants can apply", + "marginal_note": "How applicants can apply", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When assessing bona fides and available funds, IRCC offices abroad should consider the applicant’s main program of study before issuing a study permit for a prerequisite course or program.\nSome students must participate in a prerequisite English as a second language (ESL) or French as a second language (FSL) program before the start of the academic, professional or vocational program. Students in this situation may be issued a study permit for the duration of the ESL or FSL program plus 90 days. The permit includes the condition that the holder is not permitted to engage in off-campus employment in Canada.\nNote : As of November 08, 2024, students changing DLIs at the post-secondary level need to apply for a new study permit. Refer to Study permits: Designated learning institutions and Study permits: Assessing study permit conditions for more information.\nIssuing an eTA\nOnce the study permit has been approved, if the foreign national requires an eTA, per section 12.04 of the Immigration and Refugee Protection Regulations (IRPR), an eTA control document should be created. If this needs to be done manually, officers should refer to the Global Case Management System (GCMS) instructions to find out how to generate an eTA control document. They must select “eTA/AVE.”\nPer section R12.05 , the eTA validity must be set for 5 years or until the applicant’s passport expires, whichever occurs first, regardless of whether or not this date is after the expiry date of the study permit.\nNote: If an eTA is automatically created in error in the GCMS, it should be cancelled before the approved study permit is printed.\nWho should not be issued an eTA\nAn eTA should not be issued with a study permit extension if the foreign national", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: How applicants can apply (part 3 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/making-application.html" + }, + { + "id": "pdi-tr-76-2-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Making an application — How applicants can apply", + "marginal_note": "How applicants can apply", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "has an unenforceable removal order\nhas been issued a permit stating that “this document does not confer temporary resident status”\nhas overstayed their authorized period of stay\nis a temporary resident permit (TRP) holder and is inadmissible to Canada\nis a lawful permanent resident of the United States\nIn all of the above cases, officers must cancel all valid eTAs, including those issued through the expansion of eTA.\nWho can apply at a POE\nThe foreign nationals who may apply for a study permit when entering Canada (section R214 ) are any\nnational or permanent residents of the United States (US)\npeople who have lawfully been admitted to the US for permanent residence\nresidents of Greenland or St. Pierre and Miquelon\nNote: As of April 26, 2022, lawful permanent residents of the US do not need an eTA to fly to or transit through a Canadian airport. In all methods of travel, they must present their passport and proof of their valid lawful permanent resident status in the US (such as a valid green card or a valid I-551 [ADIT] stamp in their passport).\nTo apply for a study permit at an air POE, a lawful permanent resident of the US who is travelling to Canada must apply for and obtain an eTA before boarding their flight to Canada.\nWho can apply from within Canada\nThe foreign nationals who may apply for a study permit after entering Canada (section R215 ), including to change or vary their existing conditions, are the following:\nForeign nationals in Canada without a study permit who\nare studying at the preschool, primary or secondary level [subparagraph R215(1)(f)(i)]\nare a visiting or exchange student studying at a designated learning institution (DLI)  [subparagraph R215(1)(f)(ii)]", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: How applicants can apply (part 4 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/making-application.html" + }, + { + "id": "pdi-tr-76-2-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Making an application — How applicants can apply", + "marginal_note": "How applicants can apply", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "have completed a course or program of study that is a prerequisite for their enrolment at a DLI [subparagraph  R215(1)(f)(iii)]\nforeign nationals and their family members who hold a valid study or work permit [paragraphs  R215(1)(a) and  (c), section R215.1]]\nforeign nationals who have obtained authorization to engage in studies in Canada without a study permit, pursuant to  subsection 30(2)  of the Immigration and Refugee Protection Act (IRPA) or paragraph  R188(1)(a) , and whose application is made within the period starting 90 days before and ending 90 days after the expiry of the authorization [paragraph  R215(1)(b)]\nforeign nationals and their family members who are subject to an unenforceable removal order, including refugee protection claimants [paragraph  R215(1)(d)]\nforeign nationals and their family members who hold a temporary resident permit (TRP), pursuant to subsection  A24(1) , that is valid for at least 6 months\nprotected persons within the meaning of  subsection  A95(2) and their family members\npermanent residence applicants and their family members who are determined eligible for permanent resident status as one of the following, as per section R207:\nspouse or common-law partner in Canada class\npeople who have been granted an exemption:\non humanitarian and compassionate grounds pursuant to  subsections A25(1) or  A25.1(1)\non public policy grounds pursuant to subsection A25.2(1)\nfamily members of participants in sports activities or events in Canada, either as individual participants or as members of a foreign-based team or Canadian amateur team [paragraph  R215(2)(g)]\nfamily members of", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: How applicants can apply (part 5 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/making-application.html" + }, + { + "id": "pdi-tr-76-2-p6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Making an application — How applicants can apply", + "marginal_note": "How applicants can apply", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "designated members of the armed forces [paragraph  R215(2)(e)]\nofficers of a foreign government [paragraph  R215(2)(f)]\nemployees of a foreign news company [paragraph  R215(2)(h)]\npeople responsible for assisting a congregation [paragraph  R215(2)(i)]", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: How applicants can apply (part 6 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/making-application.html" + }, + { + "id": "pdi-tr-76-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Making an application — In Canada situations", + "marginal_note": "In Canada situations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applications for a study permit approved abroad\nForeign nationals whose application for a study permit has been approved abroad, but who did not obtain their study permit at a POE on their initial arrival (for example, they failed to present a letter of introduction), should contact the Client Support Centre via the IRCC web form to learn how to obtain their study permit.\nNote: The foreign national may not engage in studies until a study permit is issued.\nStudy permit renewals\nAn application for a study permit renewal does not constitute an application for a TRV. Therefore, visa-required foreign nationals must apply separately for a TRV and pay the corresponding fee.\nPer subsection R12.04(5) , an application for a renewal of a study permit for a visa exempt foreign national is considered to constitute an application for an eTA. Therefore, an eTA should be issued upon approval of the study permit (that is, SP-EXT in the GCMS). Clients eligible for an eTA through eTA expansion are also issued an eTA upon the issuance of a study permit renewal.\nNote: If an eTA is issued with a renewed study permit for an eTA expansion client, and if the client holds a valid TRV, the officer should not cancel the existing TRV. The client can continue to use the TRV to travel to Canada by air, land or sea until it expires.\nVisitors in Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: In Canada situations (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/making-application.html" + }, + { + "id": "pdi-tr-76-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Making an application — In Canada situations", + "marginal_note": "In Canada situations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Foreign nationals who are in-Canada visitors are not eligible to apply for a study permit from within Canada unless they are exempt under section R215 . They must submit their application package online or to a Visa Application Centre (VAC). If their application is approved, they must obtain their study permit at a POE by presenting the Letter of Introduction (LOI) they received from IRCC at a POE. To do this, the client would need to leave and return to Canada, which can be done by entering a country by private vehicle or commercial carrier (for example, plane, boat, train or bus) and coming back to Canada. There is no guarantee that the client would be allowed to re-enter Canada, since CBSA will assess their admissibility when they seek re-entry.\nForeign nationals who are already in Canada and are studying at the preschool, primary or secondary level [subparagraph R215(1)(f)(i)], or who are a visiting or exchange student at a DLI [subparagraph R215(1)(f)(ii)], may apply for a study permit from within Canada. The applicant must provide a letter of acceptance from the DLI at which they are enrolled or will be enrolled.\nVisiting students are students who have been admitted to a post-secondary institution for a period of study but who are not admitted into a degree or diploma program. They are students at a foreign institution (often referred to as the student’s home institution) who attend a Canadian institution (referred to as the student’s host institution) for a period of time, with the intent of transferring the credits earned at the host institution back to their home institution. Visiting students pay fees to the host institution.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: In Canada situations (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/making-application.html" + }, + { + "id": "pdi-tr-76-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Making an application — In Canada situations", + "marginal_note": "In Canada situations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Exchange students are students who have been admitted to an institution as visiting students. However, they are not subject to any tuition fees from their host institution, as these fees are covered by an exchange agreement between the host and home institutions.\nA study permit is not required if their length of stay is less than 6 months [R188(1)(c)].\nHowever, these students they may still apply for a study permit.\nA study permit is required if their length of stay is 6 months or longer in duration.\nStudents participating in exchange programs are only eligible to work off campus if they hold a study permit. The processing officer must include the appropriate work authorization conditions when issuing a study permit to exchange students.\nWhile a study permit is not required for short-term courses, an officer must accept and process an application for a study permit, even when the duration of the course or program of study is 6 months or less [subsection R188(2) ].\nReminder : As of November 08, 2024, students changing DLIs at the post-secondary level need to apply for a new study permit. For more information on changing DLIs, see Study permits: Designated learning institutions and Study permits: Assessing study permit conditions .\nPrerequisite course or program of study before the main program of study\nVisitors in Canada who have completed a course or program of study that was previously identified as a prerequisite for their admission into a program of study at a DLI may also apply for a study permit from within Canada [subparagraph R215(1)(f)(iii)] if they provide all of the following:\na letter of acceptance received from a DLI before or after the completion of the prerequisite course that confirms the course is a prerequisite for admission to the main program", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: In Canada situations (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/making-application.html" + }, + { + "id": "pdi-tr-76-3-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Making an application — In Canada situations", + "marginal_note": "In Canada situations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "proof of successful completion of the prerequisite course, such as a letter from the destination DLI explicitly confirming that the student has completed the prerequisite course or program of study or a notification of completion from the institution at which the prerequisite course was taken\na provincial or territorial attestation letter (PAL/TAL)\nForeign nationals are not eligible to apply for a study permit from within Canada [subparagraph R215(1)(f)(iii)] if they are either of the following:\nunable to provide a letter of acceptance issued by a DLI either before or after the prerequisite course that proves the course is a prerequisite for entry to the main program\nadmitted to a program with a language requirement, but a specific language training course or program is not specified in the letter of acceptance as a prerequisite for entry to the main program (for example, wording such as “must provide proof of English proficiency” does not indicate the need for a prerequisite)\nStudents taking a prerequisite course or program of study may work on campus provided they meet all other eligibility requirements. They are not eligible to work off campus while completing their prerequisite. However, they are able to work off campus once they have completed their prerequisite and have received their new study permit to commence their main program.\nRefer to Study permits: Designated learning institutions for more information on the following scenarios:\nChanging designated learning institutions\nTransition between levels of study\nDual-credit programs at the secondary level.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: In Canada situations (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/making-application.html" + }, + { + "id": "pdi-tr-76-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Making an application — Determining applicants’ status", + "marginal_note": "Determining applicants’ status", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The instructions below are to help determine whether or not the applicant has temporary resident status at the time of application. This can be a factor when applying for a study permit extension.\nStatus as of the date of the application\nFor electronic applications, the application is deemed to have been received at the time and date indicated by the electronic means as per subsection R9.3(1) . The department uses Coordinated Universal Time (UTC) around the world to ensure that time is equal for all. Therefore, receipt dates and times do not depend on time zones; all applications must be submitted before midnight UTC on the date the applicant’s status expires.\nFor further information, see Date and time of receipt of application for program instruction regarding receipt of an application.\nIn cases where an exception to applying online applies, the date the application is physically received at the Case Processing Centre is considered to be the effective date of the application. If the effective date is after the expiry date of the applicant’s status, the officer will backdate the received date by 7 days to account for any mail delivery delays.\nOut of status\nIf the applicant’s status has expired upon receipt of the application, the applicant is to be considered out of status. Officers should refer to section A47 to identify cases where a foreign national loses temporary resident status.\nLearn more\nMaintained status during processing (previously called implied status)\nRestoration of temporary resident status", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Determining applicants’ status", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/making-application.html" + }, + { + "id": "pdi-tr-77-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Student Direct Stream (SDS)", + "marginal_note": "Student Direct Stream (SDS)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe Student Direct Stream (SDS) ended on November 8, 2024, at 2 p.m. ET . Applications submitted on or after this date and time will be processed as regular study permits.\nAll study permit applications received on or after this date and time should be processed using regular study permit procedures.\nThe Student Direct Stream (SDS) was an expedited study permit processing initiative for those who were applying to study in Canada at a post-secondary  designated learning institution (DLI) . The SDS was available to legal residents of\nAntigua and Barbuda\nBrazil\nChina\nColombia\nCosta Rica\nIndia\nMorocco\nPakistan\nPeru\nPhilippines\nSaint Vincent and the Grenadines\nSenegal\nTrinidad and Tobago\nVietnam\nTo be eligible for expedited study permit application processing under the SDS initiative, applicants had to meet specific requirements by providing selected documentation up front.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Student Direct Stream (SDS)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/direct-stream.html" + }, + { + "id": "pdi-tr-78-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Minority Communities Student Pilot (FMCSP)", + "marginal_note": "Francophone Minority Communities Student Pilot (FMCSP)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe Francophone Minority Communities Student Pilot (FMCSP) is a temporary-residence-to-permanent-residence pathway for certain French-speaking international students who are seeking to study in French at select post-secondary designated learning institutions (DLI) located outside Quebec. FMCSP participants and accompanying family members will have access to IRCC-funded settlement services during their studies.\nThis pilot supports Canada’s Policy on Francophone Immigration and improves equitable access to Canada’s International Student Program by reducing barriers for French-speaking international students from regions with lower study permit approval rates and by fostering their integration and settlement in Francophone minority communities.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Francophone Minority Communities Student Pilot (FMCSP)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/francophone-minority-communities-student-pilot.html" + }, + { + "id": "pdi-tr-78-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Minority Communities Student Pilot (FMCSP) — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Eligibility criteria\nAssessing an FMCSP application\nFamily members of FMCSP applicants\nExemptions from the Act and Regulations for FMCSP participants\nLetter of acceptance (LOA) verification\nProvincial or territorial attestation letter (PAL/TAL) exception\nFinancial capacity requirements\nApproving and issuing a study permit for eligible FMCSP applications\nPort of entry and in-Canada applicants\nStudents changing participating DLIs within Canada under the FMCSP", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/francophone-minority-communities-student-pilot.html" + }, + { + "id": "pdi-tr-78-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Minority Communities Student Pilot (FMCSP) — Eligibility criteria", + "marginal_note": "Eligibility criteria", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As articulated in the Public policy for French-speaking foreign nationals applying for study permits under the Francophone Minority Communities Student Pilot, the following criteria must be met:\nPrincipal\nThey have submitted an application for a study permit under section 213 of the Regulations\nThey are a citizen of one of the following countries:\nAfrica : Benin, Burkina Faso, Burundi, Cabo Verde, Cameroon, Central African Republic, Chad, Comoros, Côte d’Ivoire, Democratic Republic of the Congo, Republic of the Congo, Djibouti, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Madagascar, Mali, Mauritania, Mauritius, Morocco, Niger, Rwanda, Sao Tomé and Principe, Senegal, Seychelles, Togo, Tunisia\nMiddle East : Egypt, Lebanon\nAmericas : Dominica, Haiti, Saint Lucia\nThey have a letter of acceptance (LOA) that\nhas been issued by a participating DLI\nhas the code “ PPECFSM ,” indicating that they have been selected by the DLI to participate under the FMCSP\nindicates that the applicant will pursue a post-secondary level program that\nis full-time\nis 2 years in length or more\nleads to a degree or diploma\nthe main official language of instruction is French (over 50% of the classes are taught in French)\nThey have provided results of an evaluation from a designated language-testing organization using a French language proficiency test approved pursuant to subsection 74(3) with a score of at least 5 for each of the four language abilities (speaking, listening, reading, and writing) according to the Niveaux de compétence linguistique canadiens (NCLC)\nTest results must not be dated more than 2 years from the date of issuance.\nThey have submitted proof of sufficient and available financial resources", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility criteria (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/francophone-minority-communities-student-pilot.html" + }, + { + "id": "pdi-tr-78-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Minority Communities Student Pilot (FMCSP) — Eligibility criteria", + "marginal_note": "Eligibility criteria", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In addition to their first year of tuition and travel costs, applicants must demonstrate sufficient and available financial resources totaling 75% of the low income cut-off (LICO) associated with the size of the community in which the main campus of a participating DLI is located. See FMCSP application financial requirements below.\nTheir family members, whether accompanying or not, are not inadmissible [A42(1)].\nNote : Section 213 of the Regulations is only applicable to study permit applications before entering Canada. This public policy is not applicable to foreign nationals applying on entry for a study permit pursuant to section 214 of the Regulations.\nFamily member\nNote: References in this PDI to “dependant” are used with the understanding that a dependant is a family member as defined in subsection 1(3) of the Regulations.\nThey are a family member of a foreign national who has a valid study permit with User Remarks indicating participation in the FMCSP\nThey have submitted\nan application for an open work permit under subparagraph 200(1)(c)(ii) of the Regulations for work described in paragraph 205(c)(ii) of the Regulations\nan application for a study permit under section 213 or 215(2) of the Regulations or\nan application for a temporary resident visa pursuant to section 179 of the Regulations\nNote: Dependants - particularly those applying separately from the main applicant - should provide evidence of the main applicant's participation in FMCSP (for example, the main applicant’s LOA and/or approved study permit showing FMCSP User Remarks.)\nIn addition to the above criteria, FMCSP applicants must include as part of their electronic application (e-app) the following documents:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility criteria (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/francophone-minority-communities-student-pilot.html" + }, + { + "id": "pdi-tr-78-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Minority Communities Student Pilot (FMCSP) — Eligibility criteria", + "marginal_note": "Eligibility criteria", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Application for Study Permit Made Outside Canada form [IMM 1294] (overseas)\nFamily Information form [IMM 5645] (if applicable)\nSchedule 1 – Application for a Temporary Resident Visa form [IMM 5257] (if applicable)\nmarriage licence or certificate or Statutory Declaration of Common-Law Union form [IMM 5409] (if applicable)\nUse of a Representative form [IMM 5476] (if applicable)\napplication processing fee payment and biometric processing fee payment (if applicable)\nproof of identity\nphotocopy of the information and biographical data page of the applicant’s passport\nany additional documents specified by the  visa office instructions  for the applicant’s region\nNote:  Certain applicants may require a medical exam . If the applicant took an upfront medical exam, they must include a copy of the IMM 1017B Upfront Medical Report form that the doctor gave them after their exam. Doctors using the  eMedical system  will give the applicant an information sheet printout.\nNote:  In most cases, the applicant is required to submit  biometrics . After the applicant has submitted a complete application, including the payment of the application and biometric processing fees (if applicable), they are sent a biometric instruction letter (BIL), which includes instructions on submitting biometrics.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility criteria (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/francophone-minority-communities-student-pilot.html" + }, + { + "id": "pdi-tr-78-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Minority Communities Student Pilot (FMCSP) — Assessing an FMCSP application", + "marginal_note": "Assessing an FMCSP application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Family members of FMCSP applicants\nFamily members of principal applicants who are applying under the FMCSP are eligible for concurrent processing if they apply at the same time as the primary applicant. For more information, see the definition of a family member in subsection R1(3).\nWhile temporary residence applications (work permit, study permit and temporary resident visa applications) for accompanying family members may be submitted online as part of a family grouping, be aware that they may be submitted separately from the principal applicant.\nExemptions from the Act and Regulations for FMCSP participants\nForeign nationals eligible under this public policy are subject to all applicable eligibility and admissibility requirements (including A40) not exempted under this, or other, public policies.  Officers should follow standard procedures regarding the authenticity of documents or verification of information provided in support of the application.\nAs stipulated by the Minister’s public policy, the following exemptions apply to foreign nationals who meet the conditions under the FMCSP:\nFor principal applicants:\nthe requirement in paragraph 20(1)(b) of the Act – for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (referring to “obligation on entry”)\nthe requirement in subsection 22(2) of the Act – for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (referring to “dual intent”)\nparagraph 216(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay under Division 3 of Part 12 (referring to “issuance of Study Permits”)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing an FMCSP application (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/francophone-minority-communities-student-pilot.html" + }, + { + "id": "pdi-tr-78-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Minority Communities Student Pilot (FMCSP) — Assessing an FMCSP application", + "marginal_note": "Assessing an FMCSP application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "paragraph 179(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay under Division 1 of Part 9 (referring to “Temporary Resident Visa issuance”)\nFor family members (dependants) :\nthe requirement in paragraph 20(1)(b) of the Act – for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay (referring to “obligation on entry”)\nthe requirement in subsection 22(2) of the Act – for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (referring to “dual intent”)\nparagraph 200(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay under Division 3 Part 11 (referring to “issuance of Work Permits”)\nparagraph 216(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay under Division 3 of Part 12 (referring to “issuance of Study Permits”)\nparagraph 179(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay under Division 1 of Part 9 (referring to “Temporary Resident Visa issuance”)\nLetter of acceptance (LOA) verification\nDLIs must verify the letter of acceptance for all post-secondary study permit applications.\nFor further information about the LOA verification, please refer to Study permits: Letters of acceptance (LOAs) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing an FMCSP application (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/francophone-minority-communities-student-pilot.html" + }, + { + "id": "pdi-tr-78-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Minority Communities Student Pilot (FMCSP) — Assessing an FMCSP application", + "marginal_note": "Assessing an FMCSP application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Most participating DLIs will put an expiration date on the LOA for tracking purposes. If an LOA expires before or during the application stages, the LOA must be accepted for processing as long as it was valid when it was received by IRCC.\nIn the event that the “ PPECFSM ” reference is not included on the LOA , officers are instructed to assess the application under the regular study permit stream .\nProvincial or territorial attestation letter (PAL/TAL) exception\nFMCSP applicants and their dependants are excepted (under the PAL/TAL Ministerial Instructions) from the requirement to submit a PAL/TAL with their study permit application. FMCSP applications must include the following special program code (SPC) in GCMS: PAL/TAL - Exception .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing an FMCSP application (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/francophone-minority-communities-student-pilot.html" + }, + { + "id": "pdi-tr-78-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Minority Communities Student Pilot (FMCSP) — Financial capacity requirements", + "marginal_note": "Financial capacity requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For FMCSP eligibility purposes, there are different financial thresholds depending on the community where the DLI’s main campus is located . Ensure that you are assessing the application against the applicable threshold for the DLI and group in the “Funds required” column of the DLI table linked here: Francophone Minority Communities Student Pilot: Participating designated learning institutions and financial requirements – Canada.ca .\nIn addition to these amounts, applicants must also demonstrate they have the financial capacity to cover the first year of tuition and travel costs for themselves and any accompanying family members, per paragraphs R220(a) to (c).\nCurrent FMCSP financial requirements (per year, not including tuition or travel costs)\nFor applications received September 1, 2025, onwards\nAmounts below are in Canadian dollars\nNumber of family members including principal applicant\nGroup A\nPopulation over 500,000\nGroup B\nPopulation 100,000 to 499,999\nGroup C\nPopulation\n30,000 to 99,999\nGroup D\nPopulation under 30,000\nGroup E\nRural areas\n1\n$22,895\n$19,718\n$19,595\n$17,930\n$15,761\n2\n$28,502\n$24,546\n$24,394\n$22,321\n$19,621\n3\n$35,040\n$30,176\n$29,989\n$27,440\n$24,121\n4\n$42,543\n$36,638\n$36,412\n$33,318\n$29,287\n5\n$48,252\n$41,553\n$41,298\n$37,788\n$33,215\n6\n$54,420\n$46,866\n$46,577\n$42,619\n$37,462\n7\n$60,589\n$52,178\n$51,857\n$47,450\n$41,709\nIf more than 7, each additional member\n$6,170\n$5,312\n$5,280\n$4,831\n$4,247\nFor applications received on or before August 31, 2025\nAmounts below are in Canadian dollars\nNumber of family members including principal applicant\nGroup A\nPopulation over 500,000\nGroup B\nPopulation 100,000 to 499,999\nGroup C\nPopulation\n30,000 to 99,999\nGroup D\nPopulation under 30,000\nGroup E\nRural areas\n1\n$20,635\n$17,772\n$17,662\n$16,161\n$14,206\n2\n$25,690\n$22,124\n$21,987\n$20,119\n$17,685\n3\n$31,583\n$27,199\n$27,031\n$24,734\n$21,741\n4\n$38,346\n$33,023\n$32,819\n$30,031\n$26,397\n5\n$43,492\n$37,454\n$37,223\n$34,060\n$29,939\n6\n$49,051\n$42,242\n$41,982\n$38,414\n$33,767\n7\n$54,611\n$47,030\n$46,741\n$42,768\n$37,594\nIf more than 7, each additional member\n$5,559\n$4,788\n$4,759\n$4,354\n$3,827", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Financial capacity requirements", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/francophone-minority-communities-student-pilot.html" + }, + { + "id": "pdi-tr-78-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Minority Communities Student Pilot (FMCSP) — Approving and issuing permits for FMCSP applicants", + "marginal_note": "Approving and issuing permits for FMCSP applicants", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Important : Applicants who meet the FMCSP requirements, and their dependants, will be issued a study and/or open work permit with user remarks that identify them as part of this cohort. This allows the applicant and dependants to access settlement services in Canada and qualify for PR once the applicant has completed their studies.\nPrincipal applicants\nOfficers must ensure that “FMCSP/PPECFSM” is properly indicated in the GCMS notes , and the correct User Remarks are entered on the study permit, as follows:\nIn the “ User Remarks ” section of the Study Permit, add “ FMCSP / PPECFSM .”\nFamily members of FMCSP applicants\nEligible family members of FMCSP applicants who are requesting a  study permit, work permit or visitor record  must have the following entered on their permit:\nIn the “ User Remarks ” section of the TR document, add “ Dependant FMCSP / Personne à charge PPECFSM .”\nFamily members entering Canada as  visitors  will require a  visitor record  at the POE.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Approving and issuing permits for FMCSP applicants", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/francophone-minority-communities-student-pilot.html" + }, + { + "id": "pdi-tr-78-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Minority Communities Student Pilot (FMCSP) — Port of entry and in-Canada applicants", + "marginal_note": "Port of entry and in-Canada applicants", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "CBSA officers will apply standard procedures to conduct an examination at the port of entry.\nENF 4: Port of entry examinations (PDF, 1.7 KB)\nHowever, upon entry to Canada, foreign nationals eligible under this public policy are exempted from the requirement to establish that they will leave Canada after the period authorized for their stay. The exemption continues to apply for every entry to Canada while the foreign national’s status remains valid.\nNote : This public policy is not applicable to foreign nationals applying on entry for a study permit pursuant to section 214 of the Regulations.\nNote : Foreign nationals eligible under this public policy are subject to all other applicable  admissibility  and eligibility requirements not exempted under this or other public policies.\nIssuance of visitor records for dependants of FMCSP applicants\nCBSA officers must issue a visitor record for dependants of FMCSP applicants entering Canada as a visitor and must add the following:\nIn the “ User Remarks ” section of the TR document, add“ Dependant FMCSP / Personne à charge PPECFSM ”.\nThe user remark will allow dependants of FMCSP applicants to benefit from settlement services.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Port of entry and in-Canada applicants", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/francophone-minority-communities-student-pilot.html" + }, + { + "id": "pdi-tr-78-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Francophone Minority Communities Student Pilot (FMCSP) — Students changing participating DLIs within Canada under FMC", + "marginal_note": "Students changing participating DLIs within Canada under FMCSP", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Students participating under the FMCSP may change to another participating DLI if they wish to remain in the pilot. However, they will still need to meet the program requirements, including applying for a new study permit with a new FMCSP LOA from a participating DLI: Francophone Minority Communities Student Pilot : who can apply", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Students changing participating DLIs within Canada under FMCSP", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/francophone-minority-communities-student-pilot.html" + }, + { + "id": "pdi-tr-79-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Guidelines on minor children", + "marginal_note": "Study permits: Guidelines on minor children", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Study permits: Guidelines on minor children", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/guidelines-on-minor-children.html" + }, + { + "id": "pdi-tr-79-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Guidelines on minor children — Who is a minor?", + "marginal_note": "Who is a minor?", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In Canada, each province or territory defines the age of majority. Anyone under the age of majority at the time of their arrival in Canada is considered to be a minor child.\nThe age of majority is 18 in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec and Saskatchewan.\nThe age of majority is 19 in British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, the Northwest Territories, Nunavut and the Yukon.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Who is a minor?", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/guidelines-on-minor-children.html" + }, + { + "id": "pdi-tr-79-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Guidelines on minor children — Is a study permit required? [A30(2)]", + "marginal_note": "Is a study permit required? [A30(2)]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Minor children already in Canada are authorized to study without a study permit at the pre-school, primary or secondary level if\nthey are either accompanying parents claiming refugee status or are claimants themselves;\none of their parents (biological or adoptive) is a Canadian citizen or permanent resident;\none of their parents (biological or adoptive) is authorized to work or study in Canada; this includes temporary residents who are\nwork permit holders,\nstudy permit holders,\nvisitor status holders (e.g., visitor record holders) who are either authorized to work without a permit, as per section 186 of the Immigration and Refugee Protection Regulations  (IRPR), or authorized to study without a permit, as per section R188 ; or\nneither parent is physically in Canada.\nMinor children intending to study are required to apply for a study permit before entering Canada.\nIt should be noted that minor children of a temporary resident (visitor) who is not authorized to work or study require a study permit to study in Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Is a study permit required? [A30(2)]", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/guidelines-on-minor-children.html" + }, + { + "id": "pdi-tr-79-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Guidelines on minor children — Scenarios", + "marginal_note": "Scenarios", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applying from overseas\nThe study permit exemption for minor children pursuant to subsection 30(2) of the Immigration and Refugee Protection Act (IRPA) applies when a minor child is already in Canada.\nVisa offices processing temporary residence applications made outside Canada by minor children who want to study in Canada should consider them as students and not as visitors, even when they are accompanying a parent who is authorized to either work or study in Canada. In other words, a study permit is required, unless they are exempt from requiring one pursuant to section R188 .\nApplying at a port of entry (POE)\nA minor child coming to Canada to study should have applied and obtained a letter of introduction (approval in writing) at a visa office, or be entitled to apply for a study permit upon entry pursuant to section R214 .\nIf they have not done so, and because POEs are considered “in Canada” for the interpretation of subsection A30(2) , officers at a POE may authorize entry of the child as a temporary resident within the visitor class if all the requirements are met (e.g., the accompanying parent is permitted to work or study in Canada) and if the child is not otherwise inadmissible. The child should be documented on a visitor record. When the child ceases to be considered a minor, an application for a study permit must be submitted if they wish to continue studying.\nApplying inland", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Scenarios (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/guidelines-on-minor-children.html" + }, + { + "id": "pdi-tr-79-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Guidelines on minor children — Scenarios", + "marginal_note": "Scenarios", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A minor child who is studying in Canada at the preschool, primary or secondary level without a study permit pursuant to subsection A30(2) can apply for a study permit from within Canada pursuant to subparagraph R215(1)(f)(i) . They must provide proof of their academic status in Canada (e.g., a letter from the institution confirming enrolment) and proof of their parent’s status in Canada, if applicable.\nIn order to assess whether the minor child is accompanying a parent who is authorized to study or work without a permit, officers should examine the temporary resident status of the parent. If the parent in Canada has valid temporary resident status as a visitor and is authorized to work or study without a permit as per the IRPR, their accompanying minor child in Canada is authorized to study without a study permit at the pre-school, primary or secondary level as per subsection A30(2). Should they choose to apply for a study permit, they may do so inland pursuant to subparagraph R215(1)(f)(i).\nWhen applying to extend their stay, a minor child may apply for either an extension of their study permit, if they require one, or an extension of their stay as a temporary resident if subsection A30(2) authorizes them to study without the need to apply for a study permit once in Canada.\nPursuant to subsection A30(2), a minor child who has applied to restore their status may continue to study while their application is being processed.\nNote: Minor children are required to submit a letter of acceptance when applying to extend their study permit.\nOfficers should ensure that\narrangements have been taken for the child’s care in terms of custodianship (if applicable)\nthe child has health coverage\nthere is evidence of funds to cover the child’s stay in Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Scenarios (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/guidelines-on-minor-children.html" + }, + { + "id": "pdi-tr-79-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Guidelines on minor children — Scenarios", + "marginal_note": "Scenarios", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "academic progress has been made, unless the minor child is the dependant of a worker or student in Canada\nAll in-Canada visitor extension, study permit and work permit applications must be submitted electronically, with some exceptions. Consult the list of  programs that are exempt from the in-Canada mandatory electronic application requirement .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Scenarios (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/guidelines-on-minor-children.html" + }, + { + "id": "pdi-tr-79-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Guidelines on minor children — When a custodian is required", + "marginal_note": "When a custodian is required", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The term “custodianship” is more appropriate for the purposes of a study permit application than the legal term “guardianship”, as guardianship involves an individual being legally appointed to manage the affairs of an individual as opposed to being deemed to have custody of the student.\nSection A39 states that a foreign national is inadmissible for financial reasons if they are or will be unable to support themselves. In the case of a minor child, officers must be satisfied that adequate arrangements are in place for the care and support of the child while in Canada.\nConsult the standard custodianship declaration form ( PDF , 1.02 MB ) for either the parent(s) or guardian(s), and the custodian.\nA custodianship declaration is not required when the minor child is accompanied by at least one parent.\nMandatory custodianship requirement (under 17 years of age)\nIf an applicant is less than 17 years of age at the time of application, a custodian in Canada will continue to be required. The applicant must submit a notarized declaration signed by the parent(s) or legal guardian(s) in the country of origin, as well as one signed by the custodian in Canada, stating that arrangements have been made for the custodian to act in place of a parent. Officers must be satisfied that adequate arrangements are in place for the care and support of the minor student. The parent(s) or legal guardian(s), and the appointed custodian must acknowledge that the custodian will reside within a reasonable distance to the minor applicant’s intended residence and school. The custodianship declaration should include the information and signature of both parents, where applicable.\nDiscretionary custodianship requirement (17 to 18 or 19 years of age)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: When a custodian is required (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/guidelines-on-minor-children.html" + }, + { + "id": "pdi-tr-79-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Guidelines on minor children — When a custodian is required", + "marginal_note": "When a custodian is required", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applications from minors between 17 years of age and the applicable provincial or territorial age of majority at the time of application should be assessed on a case-by-case basis. In assessing whether the custodianship requirement should be applied, officers may exercise discretion in requesting additional documentation or an interview. Officers should be satisfied with respect to whether an applicant can provide care and support to themselves while in Canada.\nOfficers should consider factors such as the following:\nLevel of study – the applicant’s intended level of academic study (those attending secondary school should normally require a custodian)\nLevel of independence – the applicant’s current or past living arrangements and whether previous studies were completed away from their principal residence\nFinancial capacity – the applicant’s financial self-sufficiency outside of parent(s) or guardian(s) (e.g., scholarship, government sponsorship)\nTravel experience – the applicant’s previous travel history, participation in international exchange programs, etc.\nAccessibility of the parent(s) or guardian(s) – the location of the applicant’s parent(s) or guardian(s) and their accessibility for institutions and medical centres to contact them in case of emergency situations\nInformal arrangements – whether arrangements (less formal than custodianship) have been made to provide support and care for the minor student\nRisk environment – the applicant’s safety and well-being in relation to risk indicators for irregular child migration and the potential for exploitation or trafficking", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: When a custodian is required (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/guidelines-on-minor-children.html" + }, + { + "id": "pdi-tr-80-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Refugees and protected persons", + "marginal_note": "Study permits: Refugees and protected persons", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Study permits: Refugees and protected persons", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/refugees-protected-persons.html" + }, + { + "id": "pdi-tr-80-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Refugees and protected persons — Refugee protection claimants and studying in Canada", + "marginal_note": "Refugee protection claimants and studying in Canada", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Most refugee claimants have no legal status in Canada, but are allowed to remain in the country while waiting for the determination of their claim. They are usually subject to an unenforceable removal order. They cannot take advantage of the exemption from the requirement for a study permit in the case of a short-term course or program of study [ R188(1)( c ) ], since the course or program of study in such cases would need to be completed within the period of authorized stay - which is non-existent for them.\nHowever, pursuant to R215(1)( d ) and R215(2)( d ) , they and their family members may apply for a study permit after entering Canada if they are subject to an unenforceable removal order. In order to do so, they must meet the requirements of R216(1) , which is usually possible by virtue of R216(2) .\nPersons making a claim for refugee protection in Canada with an existing temporary resident status do not lose their existing status. These persons may therefore attend a short-term course of study without a permit so long as they complete the course within the period of their authorized stay.\nTheir existing status may allow for an in-Canada study permit application if, for example, they hold a work permit [ R215(1)( c ) ]. If they lose their temporary resident status (see A47 for loss of temporary resident status), they may apply for a study permit.\nPersons making a claim for refugee protection are exempt from the requirement to provide biometric information when applying in Canada for a study permit.\nMinor children do not require a study permit to attend kindergarten, elementary or secondary school. ( A30 (2) )", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Refugee protection claimants and studying in Canada", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/refugees-protected-persons.html" + }, + { + "id": "pdi-tr-80-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Refugees and protected persons — Protected persons studying in Canada", + "marginal_note": "Protected persons studying in Canada", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Pursuant to R215(1)( g ) , protected persons, within the meaning of A95(2) , may apply for a study permit from within Canada. However, they must meet all the conditions required of study permit holders as identified in R216(1) . The requirement to leave Canada at the end of the authorized stay is satisfied by virtue of R216(2) .\nProtected persons are exempt from the requirement to provide biometric information when applying in Canada for a study permit.\nMinor children do not require a study permit to attend kindergarten, elementary or secondary school. ( A30 (2) )", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Protected persons studying in Canada", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/refugees-protected-persons.html" + }, + { + "id": "pdi-tr-81-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Designated learning institutions (DLIs)", + "marginal_note": "Study permits: Designated learning institutions (DLIs)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nAs per  paragraph 216(1)(e)  of the Immigration and Refugee Protection Regulations (IRPR), the issuance of study permits is limited to applicants who have been accepted to undertake a program of study at an educational institution that is designated to host international students (a designated learning institution  [DLI]), and, in the case of post-secondary DLIs, whose acceptance has been confirmed by the DLI.\nSection R211.1  provides the definition of a DLI:\nall primary and secondary institutions in Canada, which are automatically designated, unless the province or territory in which they are located has entered into an agreement or arrangement with the Minister of Immigration, Refugees and Citizenship Canada (IRCC) in order to designate specific educational institutions\nat the post-secondary level, educational institutions designated by provinces and territories for the purpose of hosting international students (an evergreen list of DLIs at the post-secondary level is available on the  IRCC website )\nlearning institutions that are administered by a federal department or agency\nSubject to certain exceptions, study permit applications, including renewals, must include a letter of acceptance (LOA) issued by a  DLI .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Study permits: Designated learning institutions (DLIs)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/designated-learning-institutions.html" + }, + { + "id": "pdi-tr-81-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Designated learning institutions (DLIs) — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Enrolled at the DLI named in the study permit\nAttending more than 1 DLI\nJoint programs (multiple credentials)\nJoint programs issuing a single credential\nExceptions to providing an LOA from a DLI\nChanging designated learning institutions\nStudying at new DLI while application is in progress\nTransitioning between levels of study\nDual-credit programs at the secondary level\nDLI number\nApplications processed at overseas and in Canada offices\nPrimary and secondary level institutions\nPost-secondary institutions\nCorrections during processing\nApplications processed at the port of entry\nAssessing the DLI’s standing\nLoss of designation\nApplication received after DLI lost designated status\nApplication received before DLI lost designated status\nDLI suspension\nApplication received during period of DLI suspension\nApplication received before DLI suspension\nLoss of designation or suspension after the issuance of a study permit", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/designated-learning-institutions.html" + }, + { + "id": "pdi-tr-81-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Designated learning institutions (DLIs) — Enrolled at the DLI named in the study permit", + "marginal_note": "Enrolled at the DLI named in the study permit", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As of November 08, 2024 , post-secondary study permit holders must be enrolled at the designated learning institution (DLI) named on their permit [R220.1(1)(a)]. Post-secondary study permits issued after this coming into force date will automatically include the DLI name based on the DLI Organization/Entity ID associated to the application.\nNote : There may be cases where the DLI name is printed on study permits even though the level of studies is not post-secondary (for example, PTC/TCST/DVS/AVS or Other Studies). In these cases, the level of studies will determine which requirements the holders are subject to.\nPost-secondary study permits issued prior to November 08, 2024 , and applicants exempted from LOA requirements under R219(2), will not have the DLI name printed on the permit. Students can continue to study at their current DLI as long as their study permit is still valid.\nRefer to Study permits: Assessing study permit conditions for more information.\nAttending more than 1 DLI\nIf a study permit holder wishes to concurrently attend more than 1 DLI, they must apply for a study permit for each DLI at which they intend to study.\nOfficers should assess the student’s ability to fulfill the conditions of their study permit while pursuing multiple programs at the same time.\nJoint programs (multiple credentials)\nStudents pursuing an academic program that is offered jointly by more than 1 institution in Canada (such as 2 universities or a university and a college) must ensure that they hold a valid study permit for each designated learning institution (DLI) before they begin studying there.\nFor more information on joint programs see Study permits: Letters of acceptance (LOAs) .\nJoint programs issuing a single credential", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Enrolled at the DLI named in the study permit (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/designated-learning-institutions.html" + }, + { + "id": "pdi-tr-81-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Designated learning institutions (DLIs) — Enrolled at the DLI named in the study permit", + "marginal_note": "Enrolled at the DLI named in the study permit", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Students pursuing a joint program that results in a single credential may be issued\none provincial/territorial attestation letter from the province or territory of the DLI issuing the credential and\none study permit for the DLI issuing the credential for the entire duration of their studies (or for the duration of their passport validity, whichever comes first).\nThe DLI issuing the credential must\nissue the LOA with no academic conditions required to advance to the next DLI in the joint program\ncomplete the LOA verification activity\ncomplete the international student compliance regime report, which includes reporting on the student when they are studying at any other DLI that is part of the administration of the joint program", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Enrolled at the DLI named in the study permit (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/designated-learning-institutions.html" + }, + { + "id": "pdi-tr-81-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Designated learning institutions (DLIs) — Exceptions to providing an LOA from a DLI", + "marginal_note": "Exceptions to providing an LOA from a DLI", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Pursuant to  paragraph R219(2) , a foreign national is not required to provide a letter of acceptance (LOA) from a DLI if they meet both of the following requirements:\nare applying for a study permit before entering Canada\nare an accompanying family member of a foreign national whose application for a work or study permit has been approved in writing before their entry to Canada\nApplicants meeting the above criteria may be exempt from the requirement to provide a Letter of acceptance (that is, an open study permit, not attached to a DLI). The duration of the family member’s study permit must be the same as the duration of the work or study permit issued to the principal applicant.\nIn GCMS, a file cannot be closed unless it is associated with a DLI. In order to close files of spouses, common-law partners and dependent children intending to study at the post-secondary level, an Organization ID record has been created. Officers must proceed as follows:\nOrganization ID: O110784297221 (DLI name: Open Study Permit)\nLevel of Study: Not applicable\nCompliance Verification: Open Study Permit\nOther Description: Family member\nThe above organization identification number must be used to finalize these cases in GCMS, and the “Compliance Verification” field must be set to “Open Study Permit” to prevent the issuance of compliance reporting requests for students who are not subject to study permit conditions outlined in  subsection R220.1(1) .\nNote: If the family member wishes to renew their study permit, or change DLIs, they will no longer fall under the R219(2) exemption as they are applying from within Canada. As such, they will be required to apply for a new study permit and will be subject to the requirements of R219(1).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Exceptions to providing an LOA from a DLI", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/designated-learning-institutions.html" + }, + { + "id": "pdi-tr-81-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Designated learning institutions (DLIs) — Changing designated learning institutions", + "marginal_note": "Changing designated learning institutions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As of November 08, 2024 , section R217.1 requires study permit holders in Canada, whose permit names a DLI, must apply for a new study permit if they wish to switch DLIs.\nThis requirement applies to post-secondary study permit holders:\nUniversity for Bachelor’s degree\nUniversity for Master’s Degree\nUniversity for Doctorate\nUniversity – Other Studies\nCEGEP – pre-university\nCEGEP – technical\nCollege – certificate\nCollege – diploma\nCollege – applied degree\nESL/FSL\nESL/FSL and College\nESL/FSL and University\nApplicants with applications in progress on or after November 08, 2024 who wish to switch DLIs must inform IRCC and submit a new Letter of Acceptance through the IRCC webform.\nPost-secondary study permits issued prior to November 08, 2024 , and applicants exempted from LOA requirements under R219(2), will not have the DLI name printed on the permit. These study permit holders are encouraged to apply for a new study permit when changing DLIs to ensure accuracy in student compliance reporting.\nFor more information on assessing students who have changed DLIs see Study permits: Assessing study permit conditions .\nStudying at new DLI while application is in progress\nAs per section R189.1, eligible study permit holders will be allowed to study at the new DLI without a valid study permit until a decision is made on their study permit application for the new DLI.\nTo be eligible, they must meet the following criteria:\nthey have remained in Canada since they received their LOA from the new DLI\nthey have continued to comply with the conditions set out in their previous study permit, other than remaining enrolled at the previous DLI\nbefore they completed their course or program of study, the previous DLI:\nclosed,\ndiscontinued the course or program of study,", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Changing designated learning institutions (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/designated-learning-institutions.html" + }, + { + "id": "pdi-tr-81-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Designated learning institutions (DLIs) — Changing designated learning institutions", + "marginal_note": "Changing designated learning institutions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "was placed on the suspension list, or\nlost its designated status.\nStudents who meet the above criteria are instructed to provide the following in their application to switch DLIs:\na letter of explanation outlining the basis on which they are switching DLIs\ndocumentary proof to support the reason (DLI closing, discontinuing the program, placed on the suspension list or loss of designation)\nIf they have an application in progress, and their DLI closes, discontinues their course or program of study, is placed on the suspension list or loses its designated status they must submit the above via IRCC webform .\nStudents who are not eligible under section R189.1 cannot commence studies at the new DLI until they receive the new study permit. They are encouraged to plan accordingly by applying for and receiving the study permit for their new DLI prior to ending their studies at their current DLI.\nTransitioning between levels of study\nStudy permit holders moving between primary and secondary levels can continue their studies if their study permit is still valid and they are not prohibited by their study permit conditions.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Changing designated learning institutions (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/designated-learning-institutions.html" + }, + { + "id": "pdi-tr-81-4-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Designated learning institutions (DLIs) — Changing designated learning institutions", + "marginal_note": "Changing designated learning institutions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Secondary students whose study permit only authorizes studies at the primary or secondary level must apply for a new study permit in order to pursue studies at the post-secondary level (applicable to dependants accompanying the parent on study/work permit, as per subsection 30(2) of the Immigration and Refugee Protection Act). Students who are transitioning from secondary to post-secondary studies and have submitted their application for a post-secondary study permit prior to their current study permit expiring, may begin their studies while they wait for their application to be finalized. If their study permit application is refused, they must stop studying immediately.\nStudents who want to work while pursuing post-secondary studies must wait until their post-secondary study permit is approved and have the appropriate work authorizations listed on the study permit prior to working.\nStudents moving between post-secondary levels (bachelors to masters, etc.) at the same DLI can continue their studies with their current valid study permit as long as they are not prohibited by their study permit conditions.\nDual-credit programs at the secondary level\nStudents do not need to change their study permit when participating in a dual-credit program if they have both of the following:\na valid study permit authorizing them to attend any secondary school\nonly registered and enrolled at a secondary school\nNote : A study permit becomes invalid 90 days after the day on which the permit holder completes their studies, as per R222(1)(a). For more information on study permit invalidity see Study permits: Assessing study permit conditions .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Changing designated learning institutions (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/designated-learning-institutions.html" + }, + { + "id": "pdi-tr-81-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Designated learning institutions (DLIs) — DLI number", + "marginal_note": "DLI number", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "“DLI number” is the external term used for  Organization ID  in the Global Case Management System (GCMS). This number is assigned to a post-secondary institution once IRCC receives confirmation of its designated status from its provincial or territorial ministry of education. A list of all DLIs at the post-secondary level, along with their respective DLI numbers, is available on the  IRCC website .\nOfficers must ensure that the correct DLI number is associated with the application. DLIs are strongly encouraged to include their DLI number on the letters of acceptance and letters of enrolment issued, as applicants destined to an educational institution at the post-secondary level are asked to include a valid DLI number on their study permit application form [IMM 1294] and on their application to change conditions, extend their stay or remain in Canada as a student [IMM 5709].\nException (applicants not required to attend a DLI): applicants who are exempt from the letter of acceptance requirement under  paragraph R219(2)(a) .\nApplications processed at overseas and in Canada offices\nPrimary and secondary level institutions\nAll institutions at primary and secondary levels are automatically designated [ R211.1(a)(iv) ], unless the province or territory in which they are located has entered into an agreement or arrangement with the Minister of IRCC to designate specific educational institutions.\nPost-secondary institutions\nOfficers  must  associate the appropriate DLI number with the study permit application, including renewals. For the post-secondary level, they may consult the Designated Learning Institution List (DLI).\nCorrections during processing", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: DLI number (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/designated-learning-institutions.html" + }, + { + "id": "pdi-tr-81-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Designated learning institutions (DLIs) — DLI number", + "marginal_note": "DLI number", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If an officer finds that an applicant has incorrectly selected a data field (for example, under level of study “CEGEP – Technical” instead of the applicable College option for a DLI), the officer should correct the GCMS record.\nFor example, if an applicant in a Quebec vocational studies programs selected the incorrect level of study (college level), officer must correct to PTC/TCST/DVS/AVS level in GCMS.\nApplications processed at the port of entry \nFor study permit applications processed overseas , the DLI number will already be associated to the file. The Institution Name, Field of Study and Level of Study printed on the permit will be updated according to the GCMS application. See Study permits: Final decisions for more information.\nNote: Provisionally approved study permits are processed and verified based on the LOA and the DLI information submitted at the time of the application. Therefore, students should not present a new letter of acceptance for a different DLI at the POE.\nAs per the IRCC website , students outside of Canada that are changing DLIs must submit a new study permit application with a new LOA if their application has already been approved.\nFor post-secondary study permit applications processed at a port of entry (POE) , officers must review the designated learning institutions list and assess the DLI’s standing to confirm they are designated to host international students and have not been placed on the suspension list.\nPOE officers must also confirm the correct information is printed on the issued study permit:\nFor post-secondary study permits:\nInstitution Name\nLevel of Study\nFor all study permits:\nField of Study", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: DLI number (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/designated-learning-institutions.html" + }, + { + "id": "pdi-tr-81-6-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Designated learning institutions (DLIs) — Assessing the DLI’s standing", + "marginal_note": "Assessing the DLI’s standing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Loss of designated status and being placed on the suspension list are separate and distinct issues:\nLoss of designation is a decision made by the provinces and territories, and means that an institution is no longer designated to host international students. As a result, they cease to be a DLI and IRCC cannot issue any study permits at that institution.\nDLI suspension occurs through a formal process where IRCC finds the post-secondary DLI has been non-compliant with their conditions under R222.1(1). The DLI remains designated but is placed on a public suspension list for a certain period of time. Study permit applications received during the period of suspension will be returned and refunded to the client unless they meet a prescribed circumstance .\nIn reviewing a study permit application, officers must confirm that the DLI associated to the study permit is:\ndesignated to host international students, and\nnot on the suspension list.\nThe below sections contain instructions for study permit applications where the associated DLI has either lost it’s designation status or has been placed on a suspension list.\nLoss of designation\nProvinces and territories are responsible for “designating” institutions that can enrol international students. DLIs may lose their designated status through any of the enumerated grounds of R220.1(2). Provinces and territories inform IRMB’s Student Integrity Management Authority (SIMA) unit of changes or updates to the designation status of learning institutions. The changes are then reflected in GCMS and on the  DLI list .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing the DLI’s standing (part 1 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/designated-learning-institutions.html" + }, + { + "id": "pdi-tr-81-6-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Designated learning institutions (DLIs) — Assessing the DLI’s standing", + "marginal_note": "Assessing the DLI’s standing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If a learning institution has lost its designated status (temporarily or permanently), the “Organization/Entity” screen will show its status as  “Inactive” , along with the effective date the institution lost its designated status in the status change reason field. The notes section will also reveal information regarding this.\nOfficers must verify the effective date the school lost designated status and compare it to the date the application was received.\nApplication received after DLI lost designated status\nApplicants are required to submit an application to attend a designated learning institution. If the institution was not designated at the time the application was submitted, the study permit application will be refused. If there are other concerns or refusal grounds, officers may include them as part of their refusal rationale. No refund is applicable.\nPlease see Study permits: Final decisions – Refusals for applicable refusal grounds.\nApplication received before DLI lost designated status\nAs the DLI’s loss of designation is new information that was not included in the applicant’s initial submission and the application would otherwise be approved, a procedural fairness letter should be sent to the applicant. The letter should inform the applicant of the following options:\nprovide a provincial/territorial attestation letter (from the jurisdiction where they intend to study) and new letter of acceptance for a new DLI\nwithdraw their application\ntake no action, in which case the application will be assessed using the information provided in the initial application, which will result in a refusal", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing the DLI’s standing (part 2 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/designated-learning-institutions.html" + }, + { + "id": "pdi-tr-81-6-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Designated learning institutions (DLIs) — Assessing the DLI’s standing", + "marginal_note": "Assessing the DLI’s standing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the applicant does provide a provincial/territorial attestation letter (from the jurisdiction where they intend to study) and a new letter of acceptance is submitted for a DLI and the applicant meets all other requirements, processing of the application may continue with the new DLI information .\nIf the applicant chooses to withdraw their application before a final decision is rendered, the application may be withdrawn .\nIf the applicant does not provide a provincial/territorial attestation letter (from the jurisdiction where they intend to study) and new letter of acceptance and does not withdraw their application, the application will be processed using the initial letter of acceptance for a non-DLI and should therefore be refused . If there are other concerns or refusal grounds, officers may include them as part of their refusal rationale.\nWhere an application would have been refused on other grounds, regardless of the institution (insufficient proof of funds, criminality, etc.), the officer does not need to send a procedural fairness letter to address the loss of designation. However, notes in GCMS should be clear on this point, and the refusal letter must include the failure to meet paragraph R216(1)(e).\nNo refund is applicable, whether the application is refused or withdrawn. Footnote 1\nDLI suspension\nPost-secondary DLIs are required to adhere to the conditions set out in R222.1(1). DLIs may be placed on a suspension list by IRCC , in accordance with R222.6(1), if they are determined to be non-compliant with their conditions. The suspension list is available to the public and specifies:\nthe DLI’s name, mailing address, and website\nthe condition with which the DLI was non-compliant", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing the DLI’s standing (part 3 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/designated-learning-institutions.html" + }, + { + "id": "pdi-tr-81-6-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Designated learning institutions (DLIs) — Assessing the DLI’s standing", + "marginal_note": "Assessing the DLI’s standing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "the date the DLI was placed on the suspension list and the time period it is to remain on the list\nIf a DLI has been placed on the suspension list, the  “Organization/Entity”  screen will show additional information under the status reason field indicating that the DLI has been placed on the suspension list and the effective period. The notes section will also reveal information regarding the suspension.\nOfficers must verify the effective date of suspension and compare it to the date the application was received.\nApplication received during period of DLI suspension\nAs per R222.6(2) a new application for a study permit that names a DLI and that is received during a period in which that institution is on the suspension list must be returned to the applicant without being processed , along with all documents submitted in support of the application and the fees refunded.\nException: as per R222.6(3), this does not apply to an application for the renewal of a study permit to allow the applicant to complete their course or program of study.\nIf the application (SP or SP-EXT) is associated to a DLI that is on the suspension list, officers should carefully review the following elements:\nthe effective date and period of suspension\nthe received date of the application\nin the case of SP-EXTs: if the previous SP was for the same DLI and the same course or program of study\nIf the application is an extension to complete their course or program of study , officers are to process as per regular procedures.\nIf the application was received within the period of suspension , and is not an extension to complete their course or program of study , it should be closed and processing fees refunded.\nApplication received before DLI suspension", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing the DLI’s standing (part 4 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/designated-learning-institutions.html" + }, + { + "id": "pdi-tr-81-6-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Designated learning institutions (DLIs) — Assessing the DLI’s standing", + "marginal_note": "Assessing the DLI’s standing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applications (SP or SP-EXT) that are received before the DLI named in the application was placed on the suspension list will be processed as normal and not returned to the client or refused. Should a positive decision be rendered, the applicant will be authorized to study at the DLI even if the institution is still on the suspension list.\nLoss of designation or suspension after the issuance of a study permit\nIf a DLI loses its designated status or is placed on the suspension list after the issuance of the study permit, the student may\nContinue to study at that institution until their study permit becomes invalid; or\nSubmit a new application for a study permit at a different DLI [R217.1]\nThe student may not apply for a study permit renewal to extend their attendance at that institution if the DLI has lost its designation. If the DLI has been suspended, the student may only apply to renew their study permit to complete their course or program of study, as per R222.6(3).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing the DLI’s standing (part 5 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/designated-learning-institutions.html" + }, + { + "id": "pdi-tr-81-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Designated learning institutions (DLIs) — Footnotes", + "marginal_note": "Footnotes", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Footnote 1\nA refund may be issued if an applicant formally withdraws their application before processing begins. As the application is already in process by the time the applicant is sent the procedural fairness letter, no refund applies, even if the applicant chooses to withdraw their application.\nReturn to footnote 1 referrer", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Footnotes", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/designated-learning-institutions.html" + }, + { + "id": "pdi-tr-82-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing the application", + "marginal_note": "Study permits: Assessing the application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Study permits: Assessing the application", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-application.html" + }, + { + "id": "pdi-tr-82-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing the application — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Reviewing applications for completeness\nIncomplete applications\nReviewing requirements\nProof of identity\nFinancial resources [R220]\nAssessing available resources\nForeign exchange controls\nRefusing an application for financial resources\nFailure to comply with conditions [R221]\nInterviews\nNext step\nFootnotes", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-application.html" + }, + { + "id": "pdi-tr-82-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing the application — Reviewing applications for completeness", + "marginal_note": "Reviewing applications for completeness", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers should check to ensure all documents are completed properly and enclosed with the application package as per the  Document Checklist (IMM 5483) (PDF, 1.0 MB) .\nIn addition, officers should verify the following:\napplication forms have been properly completed and signed by the applicant:\nApplication for Study Permit Made Outside of Canada form [IMM 1294] ( overseas ) or Application to Change Conditions, Extend my Stay or Remain in Canada as a Student form [IMM 5709] ( in Canada )\nif applicable:\nthe Family Information form [IMM 5645]\nthe Schedule 1 – Application for a Temporary Resident Visa Made Outside Canada form [IMM 5257]\nthe Statutory Declaration of Common-law Union form [IMM 5409]\nthe Custodianship Declaration form [IMM 5646], for applicants who are  minors\nthe Use of a Representative form [IMM 5476]\ndetermine whether a  processing fee (s) is required and that payment has been included\na Letter of acceptance has been provided, unless exempted under R219(2):\nfor initial and new study permit applications :\nreview the original letter of acceptance and confirm that it covers all the basic necessary information.\nfor study permit renewals :\nreview the letter of acceptance, transcript, or the letter issued by the DLI to ensure that the student has provided evidence of compliance with their study permit conditions. For detailed processing instructions see Study permits: Assessing study permit conditions .\nSee Study permits: Designated learning institutions for instructions when the letter of acceptance on file was issued by an institution that appears to no longer be designated or to have been placed on the suspension list", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing applications for completeness (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-application.html" + }, + { + "id": "pdi-tr-82-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing the application — Reviewing applications for completeness", + "marginal_note": "Reviewing applications for completeness", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "that evidence of financial resources has been provided for the applicant and any accompanying family members for the first year of the course of study. Applications for extensions must meet the same requirement\nconfirm that proof of identity, such as a valid passport or travel document has been provided\nbased on the province or territory of destination , unless exempted:\nProvincial or territorial attestation letter (PAL/TAL) , for rest of Canada\nQuebec Acceptance Certificate (CAQ) for Quebec\nIncomplete applications\nIf the documents are  incomplete because they fail to meet the requirements of  section 10  of the Immigration and Refugee Protection Regulations, processing of the application cannot be initiated. This also includes applications where the application fee has not been included or is incorrect.\nOfficers must return the application and documents to the client along with a letter indicating which requirements were missing or incomplete.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing applications for completeness (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-application.html" + }, + { + "id": "pdi-tr-82-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing the application — Reviewing requirements", + "marginal_note": "Reviewing requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers must confirm that all the requirements are met, unless the applicant is subject to applicable exceptions. In addition to the below requirements , see the respective program delivery instructions for details on requirements related to:\nDesignated learning institutions (DLIs)\nLetters of acceptance (LOA)\nProvincial or territorial attestation letters (PAL/TAL)\nQuebec Acceptance Certificates ( CAQ)\nScholarship and award recipients\nProof of identity\nApplicants must provide proof of identity such as a passport, a travel document or official identity document, or photocopies of the following pages: identity pages, date and place of issue, and validity date.\nPersons exempt from a passport requirement should provide an acceptable personal identification such as citizenship document, national identification document or birth certificate.\nNote:  Applicants are not required to have a passport valid for the entire duration of their course of studies, but the validity of the permit cannot go beyond the passport expiry date [ R179(c) ,  R181(2)  and  R183(2)(c) ].\nFinancial resources [R220]\nSection  220 of the Immigration and Refugee Protection Regulations (IRPR) states that:\nAn officer shall not issue a study permit to a foreign national, other than one described in paragraph 215(1)(d) or (e), unless they have sufficient and available financial resources,  without working  in Canada, to\npay the tuition fees for the course or program of studies that they intend to pursue;\nmaintain themself and any family members who are accompanying them during their proposed period of study; and\npay the costs of transporting themself and the family members referred to in paragraph (b) to and from Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing requirements (part 1 of 9)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-application.html" + }, + { + "id": "pdi-tr-82-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing the application — Reviewing requirements", + "marginal_note": "Reviewing requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Students are required to demonstrate financial resources for  the first year of studies , under that study permit, regardless of the duration of the course or program of studies in which they are enrolled. For initial study permit applications, this means the first year of studies; for study permit extensions, this means the first year following the extension. This encompasses:\ntheir tuition fees\ntheir living expenses\ntheir travel costs to and from Canada\nOfficers should assess both the amount and source of funds, in alignment with section R220. In determining the availability of funds, officers should be satisfied that there is the probability of funding for future years and that the source of funds is clear (for example, parents are employed, scholarship is for more than 1 year). Applications for study permit extensions must also meet this requirement.\nFor example, a single student entering a 4-year degree program in Ontario with an annual tuition fee of CAN$15,000 must demonstrate that they have sufficient funds to be able to pay for :\nthe first year of tuition (e.g., CAN$15,000, not the full CAN$60,000 for 4 years of tuition),\nliving expenses for themselves and their accompanying family members during their studies, based on the required cost-of-living amounts that are updated annually on the Immigration, Refugees and Citizenship Canada (IRCC) website ,  and\ntravel costs to enter and leave Canada (for themselves and accompanying family members).\nIn assessing the adequacy of a student’s financial resources, officers may exercise discretion in the documentation they request from applicants:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing requirements (part 2 of 9)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-application.html" + }, + { + "id": "pdi-tr-82-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing the application — Reviewing requirements", + "marginal_note": "Reviewing requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Based on the reliability of financial documentation and the facts of the application, individual processing offices may require or request banking documentation and/or more extensive financial background information.\nReviewing and verifying the history of funds and supplementary individual or family financial and employment documentation may be necessary to ensure that only genuine students capable of supporting themselves for the full duration of their program of studies are granted study permits.\nOfficers may take into consideration such sources of funds derived through scholarships, fellowships, assistantships and the like, as well as financial support or support in kind that may be available from relatives in Canada. In all cases, the source of funds available to the applicant, either at present or in future, as applicable, must be assessed.\nReminder : There are temporary public policies and pilot programs that may offer an exemption from the requirement to provide proof of funds or have varying financial amount requirements. Officers must ensure they are applying the correct financial requirements for each application based on the program. Examples include:\nTemporary measures to reunite families of Indigenous people separated by Canada’s border (IBX)\nFrancophone Minority Communities Student Pilot  (FMCSP)\nAssessing available resources\nOfficers assess an applicant’s overall financial capacity. The applicant must provide documentation demonstrating they have the available resources for all financial requirements. Examples of common proof of funds include the following:\nproof of paid tuition and housing fees for the first year of studies\nthis must be accompanied by other proof of sufficient funds to pay for living expenses and transportation costs", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing requirements (part 3 of 9)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-application.html" + }, + { + "id": "pdi-tr-82-3-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing the application — Reviewing requirements", + "marginal_note": "Reviewing requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "proof of a Canadian bank account in their name, if they have transferred money to Canada\na guaranteed investment certificate (GIC) from a participating Canadian financial institution\nproof of a student or education loan from a bank\nbank statements (from a Canadian or foreign bank account) for the past 6 months, including the month or month prior to when the application was submitted\na letter from the person or institution giving them money\nThis must be accompanied by other documents showing proof of funds.\nproof of financial support within Canada, if they have a scholarship or are in a Canadian-funded educational program\nfinancial documents related to a pension\nproof of income from rental properties\nNote : International students in Canada are ineligible for benefits under the Canada Student Loan Program.\nCost-of-living amounts [paragraph R220(b)]\nImportant Please refer to the IRCC website for the current table of cost-of-living amounts and the date that the updated amounts become effective. These amounts apply to all applicants unless a different program or public policy states otherwise. For example, under the FMCSP , cost-of-living amounts are determined by community size.\nEach year, IRCC updates the amounts that applicants must demonstrate they have available to cover living expenses for themselves and for any accompanying family members [ paragraph R220(b) ]. These amounts are adjusted annually as Statistics Canada updates Canada’s low-income cut-off (LICO).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing requirements (part 4 of 9)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-application.html" + }, + { + "id": "pdi-tr-82-3-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing the application — Reviewing requirements", + "marginal_note": "Reviewing requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "These cost-of-living amounts are policy guidelines (via Ministerial direction) and are not specifically established by the Immigration and Refugee Protection Act (IRPA) or the IRPR. Officers use their discretion when determining whether applicants have demonstrated sufficient and available funds to meet the requirements of section R220 .\nSufficient and available funds for cost-of-living amounts must be demonstrated in addition to funds for transport to and from Canada [ paragraph R220(c) ], and tuition [paragraph R220(a)] .\nForeign exchange controls\nForeign exchange control measures are in effect in many countries. Where students are dependent on such controlled funds, they should be required to present 1 of the following:\na letter from a Canadian financial institution stating that funds necessary for the entire upcoming academic year are on deposit in the applicant’s name\na bank draft in convertible currency for an amount equal to the funds required for the upcoming academic year and made payable jointly to the educational institution and the applicant\nwritten assurance from the applicant’s bank that sufficient funds are on deposit and from the foreign exchange control authorities that the applicant will be permitted to export a sum adequate for maintenance costs in Canada.\nRefusing an application for financial resources\nWhere the applicant is unable to demonstrate that they have sufficient and available financial resources, officers are to refuse the application on that basis (section R220). This encompasses applicants who do not demonstrate they have sufficient and available financial resources to:\npay the tuition fees for the course or program of studies that they intend to pursue (paragraph R220(a))", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing requirements (part 5 of 9)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-application.html" + }, + { + "id": "pdi-tr-82-3-p6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing the application — Reviewing requirements", + "marginal_note": "Reviewing requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "maintain themself and any family members who are accompanying them during their proposed period of study (paragraph R220(b))\npay the costs of transporting themself and the family members referred to in paragraph (b) to and from Canada (paragraph R220(c))\nParagraph R216(1)(b) cannot be cited exclusively as a refusal ground for failure to meet financial resources. Officers can only select/cite paragraph R216(1)(b) as a refusal ground  in addition to section R220, if they are refusing on financial grounds.\nParagraph R216(1)(b) cannot be used as a refusal ground for applications for the FMCSP.\nReminder : There are temporary public policies and pilot programs that may offer an exemption from the requirement to provide proof of funds, or have varying financial amount requirements. Officers must ensure they are applying the correct financial requirements for each application based on the program. Examples include:\nTemporary measures to reunite families of Indigenous people separated by Canada’s border (IBX)\nFrancophone Minority Communities Student Pilot (FMCSP)\nFailure to comply with conditions [R221]\nImportant : For more information on assessing applications where the student has changed DLIs without authorization and students whose study permit does not name a DLI, see Study permits: Assessing study permit conditions .\nSection 221 of the Immigration and Refugee Protection Regulations states that:\nDespite Division 2, a study permit shall not be issued to a foreign national who has engaged in unauthorized work or study in Canada or who has failed to comply with a condition of a permit unless any of the following applies :", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing requirements (part 6 of 9)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-application.html" + }, + { + "id": "pdi-tr-82-3-p7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing the application — Reviewing requirements", + "marginal_note": "Reviewing requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "a period of 6 months has elapsed since the cessation of the unauthorized work or study or failure to comply with a condition\nthe work or study was unauthorized by reason only that the foreign national did not comply with conditions imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c)\nthe foreign national was subsequently issued a temporary resident permit under subsection 24(1) of the Act\nIf a foreign national has engaged in unauthorized work or study in Canada or has failed to comply with a condition of a permit, a study permit can only be issued if any of the following applies :\na period of 6 months has elapsed since the applicant ceased engaging in the unauthorized work or study, or since the applicant failed to comply with a condition that was imposed on them.\nSee the below regulations for conditions that may be imposed on temporary residents:\nconditions – study permit holder [R220.1(1)]\ngeneral conditions [R183]\nconditions imposed on members of a crew [R184]\nspecific conditions [R185]\nif the work or study was unauthorized due to non- compliance with any of the following conditions:\nperiod authorized for their stay [R185(a)]\nthe work they are permitted or prohibited from engaging in, specifically:\ntype of work [R185(b)(i)]\nthe employer [R185(b)(ii)]\nthe location of the work [R185(b)(iii)]\nthe studies they are permitted or prohibited from engaging in, specifically:\nthe type of studies or course [R185(c)(i)]\nthe educational institution [R185(c)(ii)]\nthe location of the studies [R185(c)(iii)]\nthe times and periods of the studies [R185(c)(iv)]\nIf they were subsequently issued a temporary resident permit (TRP)\nTo assess whether a study permit can be issued , officers should review the applicant’s history and identify:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing requirements (part 7 of 9)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-application.html" + }, + { + "id": "pdi-tr-82-3-p8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing the application — Reviewing requirements", + "marginal_note": "Reviewing requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The date on which they ceased the unauthorized work or study, or since they were non-compliant with their conditions\nif 6 months has elapsed a study permit can be issued\nif 6 months has not elapsed, proceed to step B\nThe condition of temporary residence they were found non-compliant\nIf the condition falls under R221(b) as it relates to work or study, a study permit can be issued\nIf it is another condition, proceed to step C\nIssuance of a TRP\nIf they were issued a TRP, a study permit can be issued\nIf no TRP was issued, officers should proceed with refusing the application\nInterviews\nIn addition to sending a procedural fairness letter, in certain circumstances, it may be necessary to interview the applicant. Reasons that may warrant the need for an interview include\nquestions or doubts concerning applicant’s reasons for wishing to come to Canada, the arrangements made for their care and support, and their ability or willingness to leave Canada\ncircumstances when the officer needs more information or clarification before finalizing an application:\nFor example, for study permit renewals, when the officer needs more information to determine whether the applicant is in compliance with their study permit conditions (for example, be enrolled and actively pursuing studies at the DLI listed on their study permit)\nsuspicions that the foreign national may be a victim of human trafficking (see OP 20 and the program delivery instructions on  temporary resident permits (TRPs)\nNext step\nOnce the application and documentation have been reviewed, officers will need to determine whether the applicant\nis inadmissible Footnote 2\nrequires a  temporary resident visa  (not applicable in Canada)\nrequires an  electronic travel authorization (eTA)\nis  bona fide ;", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing requirements (part 8 of 9)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-application.html" + }, + { + "id": "pdi-tr-82-3-p9", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing the application — Reviewing requirements", + "marginal_note": "Reviewing requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "is from a country classified under the Visitor Information Transmission category as described in chapter IC 2\nrequires a  medical examination\nis in need of a work permit", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing requirements (part 9 of 9)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-application.html" + }, + { + "id": "pdi-tr-82-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing the application — Footnotes", + "marginal_note": "Footnotes", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Footnote 2\nIf the application has passed eligibility and results from partner agencies have raised admissibility concerns under section 34, 35 or 37 of the Immigration and Refugee Protection Act (IRPA), stage 2 decision makers are to transfer the application to the Domestic Network’s Centre of Expertise in Security Cases for assessment. This procedure only applies to applications submitted in Canada where the applicant or dependant of concern is in Canada.\nReturn to footnote 2 referrer", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Footnotes", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-application.html" + }, + { + "id": "pdi-tr-83-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Letters of acceptance (LOAs)", + "marginal_note": "Study permits: Letters of acceptance (LOAs)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThis PDI provides processing instructions for confirming acceptance to Designated Learning Institution (DLI) and reviewing Letters of Acceptance (LOA).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Study permits: Letters of acceptance (LOAs)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/letters-acceptance.html" + }, + { + "id": "pdi-tr-83-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Letters of acceptance (LOAs) — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Confirmation of acceptance to a DLI\nExceptions to providing an LOA\nConditional LOA\nJoint programs\nStudy permit renewals\nConcerns about an institution\nLOA verification for post-secondary DLIs\nExtension of LOA verification\nLOA verification status definitions", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/letters-acceptance.html" + }, + { + "id": "pdi-tr-83-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Letters of acceptance (LOAs) — Confirmation of acceptance to a DLI", + "marginal_note": "Confirmation of acceptance to a DLI", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As per R219(1), foreign nationals are required to submit an LOA in order to establish acceptance to a DLI. This includes study permit applications at the post-secondary level [R219(1)(a)] and all other levels of study [R219(1)(b)]. Unless exempted, all study permit applications require an LOA. If an LOA is not provided the application should be refused. See Study Permits: Final Decisions for more information.\nImmigration, Refugees and Citizenship Canada (IRCC) strongly encourages  designated learning institutions (DLIs)  to use the template provided for the  Letter of acceptance (LOA) (PDF, 74.2 KB) . It contains all of the necessary information and will facilitate the processing of study permit applications.\nThe following list of items should be included in the LOA from the DLI submitted by the applicant at the time of their study permit application:\nfull name, date of birth and mailing address of the student\nname of the institution and official contact\nDLI number\ntelephone, fax, website and email information for the institution\ntype of school or institution (for example, private or public and, in the cases where the institution is publicly funded but not a university, indication as to whether the institution is a post-secondary college, a post-secondary community college or a post-secondary technical college)\nthe field or program of study, level and year of study into which the student was accepted\nthe estimated duration or date of completion of the course\ndate on which the selected course of study begins\nthe last date on which a student may register for a selected course\nthe academic year of study that the student will be entering\nwhether the course or program of study is full-time or part-time\nthe tuition fee", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Confirmation of acceptance to a DLI (part 1 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/letters-acceptance.html" + }, + { + "id": "pdi-tr-83-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Letters of acceptance (LOAs) — Confirmation of acceptance to a DLI", + "marginal_note": "Confirmation of acceptance to a DLI", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "scholarships and other financial aid (if applicable)\nan expiry date indicating the date until which the LOA is valid\nany conditions related to the acceptance or registration, such as academic prerequisites, completion of a previous degree, proof of language competence, etc.\nclear identification of the educational institution, normally confirmed through its letterhead;\nfor study in Quebec, the requirement of a Quebec Acceptance Certificate (CAQ)\nwhere applicable, licensing information for private institutions normally confirmed through letterhead\nExceptions to providing an LOA\nPursuant to  paragraph R219(2) , a foreign national is not required to provide a letter of acceptance from a DLI if they:\nare applying for a study permit before entering Canada and;\nare an accompanying family member of a foreign national whose application for a work or study permit has been approved in writing before their entry to Canada.\nThis exception does not guarantee the approval of a study permit application. For more information on processing applications that do not require an LOA, see Study permits: Designated learning institutions .\nNote:  The family member of a foreign national who applies for a work or study permit  from within Canada  is not exempt from the requirement to obtain an LOA when applying for a study permit.\nConditional LOA\nWhen successful completion of a prerequisite course or program is required before admission into a program of study, the DLI may issue a conditional LOA to a foreign national. This letter should be submitted when the applicant applies to enter Canada as a temporary resident.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Confirmation of acceptance to a DLI (part 2 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/letters-acceptance.html" + }, + { + "id": "pdi-tr-83-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Letters of acceptance (LOAs) — Confirmation of acceptance to a DLI", + "marginal_note": "Confirmation of acceptance to a DLI", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When the completion of a prerequisite program, such as English as a second language (ESL) or French as a second language (FSL), is a condition for enrolment in a subsequent program, officers issue a study permit for the length of the prerequisite program plus 1 year.\nStudents who successfully complete their prerequisite program will then need to apply for a new study permit and demonstrate they have completed the admission requirements.\nMissions overseas should still take into consideration the bona fides and available funds for the main program, should the prerequisite be passed, before issuing the travel document for the prerequisite study program.\nAs of November 8, 2024 , students changing DLIs at the post-secondary level need to apply for a new study permit. For more information on changing DLIs, see Study permits: Designated learning institutions and Study permits: Assessing study permit conditions .\nNote: Foreign nationals who have been issued a study permit for a prerequisite program are not eligible to work off campus in Canada until they begin their main program of study.\nJoint programs\nJoint programs take various forms, and study permit issuance must be based on the information provided in the Letter of Acceptance on file. General examples of joint programs include:\nStudents beginning studies at 1 DLI and then transition to another\nStudents concurrently studying at 2 DLIs at the same time", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Confirmation of acceptance to a DLI (part 3 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/letters-acceptance.html" + }, + { + "id": "pdi-tr-83-2-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Letters of acceptance (LOAs) — Confirmation of acceptance to a DLI", + "marginal_note": "Confirmation of acceptance to a DLI", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As of November 8, 2024 , post-secondary study permit holders must be enrolled at the  DLI that is named in their permit and remain enrolled there until they complete their studies [R220.1(1)(a)]. This requirement also applies to students intending to pursue an academic program that is jointly offered by more than 1 post-secondary DLI in Canada (such as 2 universities, a university and a college, 2 colleges, etc.).\nIn the case of joint programs, each DLI must issue an LOA that clearly notes the following information regarding the joint program:\ninstitution names\ntype (college, university, technical institute, etc)\nlocations\nperiods of study at each institution\nBoth institutions must be designated by the province or territory to host international students, and must meet their DLI conditions, including verifying letters of acceptance submitted for their institution.\nTo ensure their compliance is accurately reported by each DLI, students must ensure that they hold a valid study permit with the name of the DLI before they begin studying at that DLI. In some cases, this will require students to apply for 2 study permits concurrently, 1 for each DLI. Students must satisfy officers that they will meet the requirements for both study permit applications.\nOfficers must issue a study permit for the length of studies at the each DLI as per the LOA provided and should input into the “Remarks” the name of the other institution at which the program is offered. See Condition Description/Sub-Category “Study Permits – Joint study programs involving more than one institution” in the Bilingual Remarks Table for the applicable remark.\nStudy permit renewals", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Confirmation of acceptance to a DLI (part 4 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/letters-acceptance.html" + }, + { + "id": "pdi-tr-83-2-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Letters of acceptance (LOAs) — Confirmation of acceptance to a DLI", + "marginal_note": "Confirmation of acceptance to a DLI", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If officers have any doubts when reviewing a study permit renewal application, they are authorized under subsection 220.1(4) of the Immigration and Refugee Protection Regulations (IRPR) to request that students provide evidence that they are or were in compliance with the conditions of their study permit . The applicant may be requested to submit  documentation issued by a DLI indicate that they are enrolled and actively pursuing studies at a DLI.\nConcerns about an institution\nAlthough the issuance of study permits is limited to those accepted at a designated learning institution , there may be cases where students present an LOA from an educational institution where concerns exist about its academic or administrative practices.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Confirmation of acceptance to a DLI (part 5 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/letters-acceptance.html" + }, + { + "id": "pdi-tr-83-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Letters of acceptance (LOAs) — LOA verification for post-secondary DLIs", + "marginal_note": "LOA verification for post-secondary DLIs", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As per paragraph R222.1(1)(a), post-secondary DLIs are required to confirm the letter of acceptance provided by the applicant. DLIs must complete the verification activities in the portal or by email when requested by IRCC.\nThis requirement began on the following dates for all post-secondary DLIs:\nDecember 1, 2023 for study permit applications submitted outside of Canada\nJanuary 30, 2024 for study permit applications and extensions submitted within Canada.\nWhen an applicant submits their application for a study permit or study permit extension, a verification activity is created in the Global Case Management System (GCMS) once the application is promoted.\nThe DLI will receive a daily email notifying them that a verification activity requires their attention in the  IRCC LOA verification portal . The DLI must log in to the LOA verification portal to complete the verification activity. DLIs have 10 calendar days to complete the verification activity.\nIf the activity is completed within the allotted time frame (status changed to “Verified – Match,” “Verified – No Match,” or “Cancelled”), the information will be sent to GCMS and the application will be ready for processing.\nNote: DLIs cannot change the validation status of students in the portal once a validation status has been submitted to IRCC. If there was an error or change in circumstance the DLI will contact the LOA inbox who will forward the information to the appropriate processing branch.\nOfficers do not need to wait until the verification end date has passed and may start processing the application once a validation status is received in GCMS other than “Not Started.”\nIf the verification activity is not completed by the DLI within the allotted time frame (that is, the DLI doesn’t respond):", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: LOA verification for post-secondary DLIs (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/letters-acceptance.html" + }, + { + "id": "pdi-tr-83-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Letters of acceptance (LOAs) — LOA verification for post-secondary DLIs", + "marginal_note": "LOA verification for post-secondary DLIs", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "the application will be closed and the study permit processing fee will be refunded\nIRCC will send a letter to the applicant advising them that their DLI didn’t validate their LOA, that their application is closed and that their study permit processing fee will be refunded\nImportant : Officers must confirm that no other manual LOA verification activity is in process prior to finalizing.\nThere may be instances where the verification is completed by email upon the request of IRCC. These LOA verifications must also be completed within the same time frame (by the due date indicated in the email).\nReminder:  According to the  Government of Quebec website , Vocational Training Centres are institutions that offer secondary level programs.\nThe following vocational training programs in Quebec do not require LOA verification as they are considered to be of secondary level:\nDiploma of Vocational Studies (DVS)\nAttestation of Vocational Specialization (AVS)\nPreWork Training Certificate (PTC)\nTraining Certificate for a Semiskilled Trade (TCST)\nThe LOA Verification is not mandatory for vocational training centres that offer secondary-level programs only. Officers are to follow regular processing procedures for secondary studies.\nExtension of LOA verification\nAs per R222.1(2)(a), a DLI may be granted an extension for LOA verification in 1 (or more) of the following circumstances:\nprolonged failure of power, communications or other infrastructure systems\na natural disaster\na public health emergency\na labour dispute", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: LOA verification for post-secondary DLIs (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/letters-acceptance.html" + }, + { + "id": "pdi-tr-83-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Letters of acceptance (LOAs) — LOA verification for post-secondary DLIs", + "marginal_note": "LOA verification for post-secondary DLIs", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If 1 of the circumstances prevents or impedes the DLI from completing an LOA verification activity, the DLI must email the IRCC LOA Portal at IRCC.LOAPortal-PortailLA.IRCC@cic.gc.ca to request an extension before the validation due date elapses . IRCC will reply to advise if the extension is granted and for how long, and to provide instructions on completing the verification activities during the granted extension time frame. Note that if the extension is granted, the applications submitted for studies at the DLI won’t be processed until the verification is complete or the date granted for the extension has passed.\nLOA verification status definitions\nDLIs will input 1 of the verification statuses below in the portal:\nVerified – Match: The DLI verified and confirmed that the LOA submitted by the applicant to IRCC in their application was issued by the DLI.\nVerified – No Match: The DLI verified and confirmed that the LOA submitted by the applicant to IRCC in their application was  not  issued by the DLI.\nCancelled: The LOA submitted by the applicant to IRCC was cancelled by the DLI.\nNote: This status could also include a  Deferred LOA  because the LOA submitted at the time of application was cancelled and a new LOA was issued.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: LOA verification for post-secondary DLIs (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/letters-acceptance.html" + }, + { + "id": "pdi-tr-84-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Provincial or territorial attestation letters", + "marginal_note": "Study permits: Provincial or territorial attestation letters", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Study permits: Provincial or territorial attestation letters", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/attestation-letters.html" + }, + { + "id": "pdi-tr-84-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Provincial or territorial attestation letters — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Background\n2026 PAL/TAL requirement clarifications\nLevel of study\nStudy permit extensions\nGraduate-level programs\nJoint programs that result in a single credential\nExchange students\nPrerequisite courses and programs\nApplicants exempt from providing a Letter of Acceptance (LOA)\nProcessing instructions\nApplicants destined to Quebec", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/attestation-letters.html" + }, + { + "id": "pdi-tr-84-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Provincial or territorial attestation letters — Background", + "marginal_note": "Background", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As of January 22, 2024, an intake cap is in place for study permit applications. Provinces and territories (PT) are allocated a portion of the total intake cap, which they distribute to designated learning institutions (DLIs) in their jurisdiction.\nThe provincial attestation letter or territorial attestation letter (PAL/TAL)  is provided by the PT where the applicant plans to study, to confirm that the applicant has been assigned one of the cap spaces allocated to that PT. The PAL/TAL allows PTs to manage their allocations. For Quebec, the attestation of issuance of a Quebec Acceptance Certificate (CAQ) from the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) is considered to act as the PAL/TAL as long as it is valid.\nThe intake cap is established in Ministerial Instructions (MIs) for each allocation period, with respect to the processing of certain applications for a study permit made by a foreign national as a member of the student class. The MIs specify:\nthe maximum number of study permit applications that IRCC may accept for processing\ncategories of study permit applicants who are excepted from the PAL/TAL requirement\nthat the maximum number of study permit applications to be accepted for processing can be amended in accordance with subsequent MIs\nUnder the MIs, a PAL/TAL is required by all study permit applicants unless they fall under an exception in the MIs. If a PAL/TAL is required and not provided at the time of application, the application will not be accepted for processing and processing fees will be returned.\n2026 PAL/TAL requirement clarifications", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Background (part 1 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/attestation-letters.html" + }, + { + "id": "pdi-tr-84-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Provincial or territorial attestation letters — Background", + "marginal_note": "Background", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The 2026 allocation period and corresponding Ministerial Instructions (MIs) are effective from January 1, 2026, at 00:00 EST until December 31, 2026, at 23:59 EST .\nThe 2026 study permit intake cap and PT allocations were announced on November 25, 2025 .\nLevel of study\nThe MIs categorize “level of study” as follows:\nprimary and secondary education\npost-secondary education (including vocational and technical training, and undergraduate programs)\ngraduate education or above\nStudy permit extensions\nIn general, study permit extensions require a PAL/TAL unless they meet an exception.\nApplicants do not require a PAL/TAL when they are seeking a study permit renewal to change their program of study if it is at the same DLI and within the same level of study (as categorized by the MIs and listed above). The exemption does not apply to those whose study permit has expired or been invalidated.\nFor example, a PAL/TAL is not required if the study permit extension application is for an in-Canada valid study permit holder who:\nis changing from one bachelor’s program to another at the same DLI, or\nis changing from a college program to a bachelor’s program at the same DLI, or\nis changing from a master’s program to a doctorate program at the same DLI, or\nhas completed one program and applies for the renewal of their study permit for a new program at the same DLI and level of study if the application is submitted before their current study permit expires or within 90 days of the completion of their initial program of studies [ R222(1)(a) ], whichever comes first\nA PAL/TAL is required  if the study permit extension is for a study program:\nat a new DLI with the same level of study , for example, applicants changing DLIs but remaining at bachelor’s (post-secondary) level", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Background (part 2 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/attestation-letters.html" + }, + { + "id": "pdi-tr-84-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Provincial or territorial attestation letters — Background", + "marginal_note": "Background", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "at a new DLI with a different level of study , for example, applicants changing DLIs when they go from K-12 (primary and secondary) to post-secondary studies\nat the same DLI but a different level of study , for example, applicant moving from a master’s (graduate) program to a post-secondary program\nA  new PAL/TAL is required  if the applicant is applying for restoration of status .\nGraduate-level programs\nGraduate students who are changing from a master’s program to a doctorate program at the same DLI are considered to be remaining within the same level of study, as categorized in the MIs.\nNew for 2026 Applicants to  degree-granting graduate programs at the master’s or doctoral level at public DLIs do not require a PAL/TAL . Per the 2026 MIs, “public designated learning institution” means a DLI as defined in section 211.1 of the Immigration and Refugee Protection Regulations (IRPR), that is also named as such by the department as outlined in the list of post-secondary DLIs .\nApplicants pursuing degree-granting graduate programs at the master’s or doctoral level at a public DLI do not require a PAL/TAL, such as:\napplied master’s degrees, provided they are enrolling at a public DLI as defined above\ngraduate degree programs in Quebec described as:\nmaîtrise de recherche\nmaîtrise professionnelle\nmaîtrise avec essai\ndoctorat\nImportant: Graduate programs at the master’s or doctoral level at private DLIs do not meet the exception and will require a PAL/TAL. Graduate programs that  do not confer a degree will also require a PAL/TAL, such as:\ngraduate programs that confer a diploma or certificate\nmicroprograms\ndiplôme d’études supérieures spécialisées (DESS)\ngraduate-level courses or pursuits undertaken by a visiting student", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Background (part 3 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/attestation-letters.html" + }, + { + "id": "pdi-tr-84-2-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Provincial or territorial attestation letters — Background", + "marginal_note": "Background", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Joint programs that result in a single credential\nStudents pursuing a joint program at more than one DLI that results in a single credential require only one PAL/TAL, issued by the PT of the credentialling DLI. This applies only to programs that meet the definition of a joint program, with a single letter of acceptance issued for the full program.\nThese students may be issued one PAL/TAL from the PT of the credentialling DLI, and one study permit for the credentialling DLI for the entire duration of their studies or for the duration of their passport validity (whichever comes first).\nThe DLI issuing the credential must:\nissue the LOA with no academic conditions required to advance to the next DLI in the joint program\ncomplete the LOA verification activity\ncomplete the international student compliance regime report, which includes reporting on the student when they are studying at any other DLI that is part of the administration of the joint program\nExchange students\nAn “ exchange student ” means an international student who attends a Canadian DLI (host institution) under an  exchange arrangement  between the DLI and the foreign national’s learning institution outside of Canada (home institution). Exchange students do not pay tuition fees to the host institution. Exchange students applying for a study permit  do not require a PAL/TAL.\nNote: A “ visiting student ” means an international student at a foreign institution (home institution) who attends a post-secondary Canadian DLI for a determined period (not a full degree or program) with the intent of transferring the credits earned at the Canadian DLI back to their home institution.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Background (part 4 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/attestation-letters.html" + }, + { + "id": "pdi-tr-84-2-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Provincial or territorial attestation letters — Background", + "marginal_note": "Background", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Visiting students are not covered under formal exchange agreements between institutions, and they do pay tuition fees to the host institution (namely, the DLI).\nVisiting students applying for a study permit require  a PAL/TAL.\nImportant: “Visiting” graduate students are not included in the 2026 exception to the cap for master’s/doctoral degree programs at public DLIs:\nThese visiting students require a PAL/TAL as they are attending the Canadian DLI for a defined period that does not correspond to full enrolment in a graduate degree program at the DLI.\nThese visiting students also do not meet the definition of an “ exchange student ”; therefore, they cannot access the PAL/TAL exemption for exchange students.\nPrerequisite courses and programs\nCompletion of prerequisite courses or programs may be required prior to starting some academic, professional or vocational programs. A study permit is not required if the program/course that the foreign national is attending is less than 6 months in duration and can be completed within the authorized stay permitted upon entry to Canada; however, the applicant may choose to apply for a study permit.\nIf a program has a prerequisite and the applicant submits a study permit application (irrespective of the duration of the program), a PAL/TAL is required for the prerequisite even if the main program of study falls under an exception (for example, a master’s degree program at a public DLI).\nApplicants exempt from providing a Letter of Acceptance (LOA)\nIn situations where an LOA may not be required, a  PAL/TAL is required  unless the applicant meets an exception. Pursuant to  subsection R219(2) , a foreign national is not required to provide an LOA from a DLI if they:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Background (part 5 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/attestation-letters.html" + }, + { + "id": "pdi-tr-84-2-p6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Provincial or territorial attestation letters — Background", + "marginal_note": "Background", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "apply for a study permit  before  entering Canada  and\nare an accompanying family member of a foreign national whose application for a work or study permit has been approved in writing before their entry to Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Background (part 6 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/attestation-letters.html" + }, + { + "id": "pdi-tr-84-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Provincial or territorial attestation letters — Processing instructions", + "marginal_note": "Processing instructions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "These instructions are for the 2026 allocation period . Review the application’s received date and ensure that the correct requirements are being applied.\nApplicants destined to Quebec\nApplicants destined to Quebec must meet the province’s requirements. Unless excepted by Quebec’s Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) , applicants intending to take a course that lasts more than 6 months in Québec must obtain an attestation of issuance of a Quebec Acceptance Certificate (CAQ). In some cases, a CAQ is required even if a PAL/TAL is not .\nA CAQ issued by Quebec is considered to act as the PAL/TAL  as long as it is valid (that is, not expired).\nA valid CAQ acting as a PAL/TAL issued by Quebec before January 1, 2026, may be accepted for processing in the 2026 allocation year and will be counted towards Quebec’s 2026 allocation.\nA valid CAQ issued by Quebec may be re-used in subsequent study permit applications, if meeting the conditions below, until Quebec’s allocation has been reached.\nApplicants can re-use their valid CAQ to apply for a study permit, regardless of the final decision on their previous application, unless one of the following scenarios applies:\nThey are changing their level of study \nThey are changing educational institutions, except if they:\nhold a valid CAQ issued before December 6, 2024, and are changing institutions at the same level of study\nare a minor child at primary or secondary level, unless their CAQ is linked to a specific educational institution\nApplications that include a CAQ with an expiry date that is sooner than the expected date of completion of studies can still be accepted for processing provided that the CAQ is still valid at the time the application is received by IRCC.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Processing instructions (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/attestation-letters.html" + }, + { + "id": "pdi-tr-84-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Provincial or territorial attestation letters — Processing instructions", + "marginal_note": "Processing instructions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The corresponding study permit must only be issued for the duration that the CAQ remains valid (or validity of the travel document or other assessments, whichever is sooner).\nIn these cases, students must apply for a study permit extension once in Canada for the remainder of their program of study, with a new CAQ.\nIf IRCC��s allocation to Quebec has been reached, no further applications with a CAQ will be accepted for processing for the remainder of the allocation period.\nSecondary school level in Quebec\nCanada recognizes that, in Quebec, vocational and professional training programs can be delivered at the secondary or post-secondary level. Certain vocational programs are delivered at the secondary level by training centres and lead to one of the following accreditations. Vocational programs leading to these accreditations meet the criteria for the exception (as secondary level programs), and applicants to these specific programs  do not require a PAL/TAL :\nDiploma of Vocational Studies (DVS)\nIn French: Diplôme d’études professionnelles (DEP)\nAttestation of Vocational Specialization (AVS)\nIn French: Attestation de spécialisation professionnelle (ASP)\nPre-Work Training Certificate (PWTC)\nIn French: Certificat de formation préparatoire au travail (CFPT)\nTraining Certificate for a Semiskilled Trade (TCST)\nIn French: Certificat de formation à un métier semi-spécialisé (CFMS)\nCollege of General and Professional Teaching (CEGEP) in Quebec\nIn Quebec, a CEGEP is a public school that provides the first level of post-secondary education. Applicants to this level of study  require a PAL/TAL .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Processing instructions (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/attestation-letters.html" + }, + { + "id": "pdi-tr-85-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Students destined to Quebec", + "marginal_note": "Study permits: Students destined to Quebec", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Study permits: Students destined to Quebec", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/students-destined-quebec.html" + }, + { + "id": "pdi-tr-85-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Students destined to Quebec — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Study in Quebec [R216(3)]\nAttestation of issuance of a Quebec Acceptance Certificate ( Certificat d’acceptation du Québec [CAQ] )\nProvincial attestation letter (PAL)\nExemptions to the CAQ requirement\nMinors submitting an application from outside Canada\nRenewing a CAQ\nAssessing available resources\nRecommended length of a study permit", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/students-destined-quebec.html" + }, + { + "id": "pdi-tr-85-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Students destined to Quebec — Study in Quebec [R216(3)]", + "marginal_note": "Study in Quebec [R216(3)]", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As per section 216(3) of the Immigration and Refugee Protection Regulations (IRPR) :\nAn officer shall not issue a study permit to a foreign national who intends to study in the Province of Quebec—other than under a federal assistance program for developing countries—and does not hold a Certificat d’acceptation du Québec , if the laws of that Province require that the foreign national hold a Certificat d’acceptation du Québec .\nWith few exemptions, all Quebec-bound study permit applicants must submit an attestation of issuance of a Quebec Acceptance Certificate ( Certificat d’acceptation du Québec [CAQ]) from the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) when applying for a study permit.\nThe attestation of issuance of a CAQ may be issued for a maximum validity of 49 months in accordance with the length of the program of study.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Study in Quebec [R216(3)]", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/students-destined-quebec.html" + }, + { + "id": "pdi-tr-85-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Students destined to Quebec — Attestation of issuance of a Quebec Acceptance Certificate (", + "marginal_note": "Attestation of issuance of a Quebec Acceptance Certificate ( Certificat d’acceptation du Québec [CAQ])", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To obtain a CAQ, applicants must submit an application to the MIFI. If the application is approved, they will electronically receive an attestation of issuance of their CAQ, which they must use to submit a study permit application.\nThe MIFI transmits lists of attestation of issuance of CAQ letters to IRCC’s headquarters for redistribution to different points of service in Canada and overseas processing offices. The CAQ list can be used for the purposes of verification, when necessary.\nOverseas or in-Canada officers must enter the document number and expiry date located on the attestation of issuance of a CAQ letter in the appropriate field in the Global Case Management System (GCMS).\nProvincial attestation letter (PAL)\nThe requirement to obtain a CAQ differs from the requirement to obtain a provincial attestation letter (PAL). For more information on PAL requirements for applicants destined for Quebec, consult Study permits: Provincial or territorial attestation letters .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Attestation of issuance of a Quebec Acceptance Certificate ( Certificat d’acceptation du Québec [CAQ])", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/students-destined-quebec.html" + }, + { + "id": "pdi-tr-85-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Students destined to Quebec — Exemptions to the CAQ requirement", + "marginal_note": "Exemptions to the CAQ requirement", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The exemptions to the requirement to obtain a CAQ are found in section 20 of the Québec Immigration Regulation . The following people are exempt:\na foreign national who comes to study under a federal assistance program for developing countries\na foreign national who is authorized to study without a study permit\nfor a period of not more than 6 weeks upon entry to Canada, a foreign national who is eligible to apply on entry [R214], who is waiting to obtain a CAQ\na foreign national who comes to study in a program of 6 months or less\nminor children who are\nof preschool age (ages 4 to 5)\nat the primary or secondary level in Quebec, accompanied by a parent who\nholds a work or study permit, or\nis authorized for temporary stay for medical treatment\nasylum seekers, recognized refugees or protected persons in Canada, or\nthe children of an asylum seeker, recognized refugee or protected person in Canada\na recognized refugee or protected person in Canada\na foreign national in Quebec whose spouse or common-law partner has applied to sponsor them\na foreign national who holds a temporary residence permit (TRP) issued with a view to obtain permanent residence\nAdditionally, foreign nationals holding a valid work permit (or a work authorization while awaiting extension of their work permit), where the application associated with that permit was received by IRCC on or before June 7, 2023, are exempt.\nNote: A minor child accompanied by a parent who has a visitor record and is not authorized to work or study requires a CAQ and a study permit to study in Canada. A minor child who does not have a study permit must have a valid visitor record for the entire duration of their stay in Canada.\nConsult MIFI’s website for more information on required authorizations .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Exemptions to the CAQ requirement", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/students-destined-quebec.html" + }, + { + "id": "pdi-tr-85-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Students destined to Quebec — Minors submitting an application from outside Canada", + "marginal_note": "Minors submitting an application from outside Canada", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In Quebec, the age of majority is 18. Anyone who has not reached the age of majority upon arrival in Canada is considered a minor child .\nMinors who intend to study in Quebec must obtain a CAQ and a study permit before entering Canada, unless they meet one of the CAQ exemptions.\nMinor children of a foreign national whose application for a work permit or a study permit is approved in writing do not have to provide a letter of acceptance , or a PAL or territorial acceptance letter (TAL) , but may require a CAQ.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Minors submitting an application from outside Canada", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/students-destined-quebec.html" + }, + { + "id": "pdi-tr-85-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Students destined to Quebec — Renewing a CAQ", + "marginal_note": "Renewing a CAQ", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The MIFI requires students to apply for a new CAQ if they\nneed to extend their studies beyond the validity of their current CAQ\nchange their level of study\nchange educational institutions, except if they\nhold a valid CAQ (that is, the expiry date has not elapsed), issued before December 6, 2024, and are changing institutions at the same level of study .\nare a minor child at the primary or secondary level, unless their CAQ is linked to a specific educational institution.\nThis applies to students both outside and within Canada. Consult MIFI’s website for more information on renewing authorizations to study in Quebec .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Renewing a CAQ", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/students-destined-quebec.html" + }, + { + "id": "pdi-tr-85-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Students destined to Quebec — Assessing available resources", + "marginal_note": "Assessing available resources", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Students destined to Quebec are required to submit supporting documents showing that they have sufficient funds to cover all costs related to their studies while in Canada. Examples include:\ntuition fees and other education-related expenses\nliving expenses\ntravel costs (for example, a round-trip ticket)\nmedical and hospitalization insurance\nsettlement expenses for the first year\nIf a third party is paying the student’s expenses (for example, a parent), they must submit a sworn statement respecting the assumption of the student’s expenses.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing available resources", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/students-destined-quebec.html" + }, + { + "id": "pdi-tr-85-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Students destined to Quebec — Recommended length of a study permit", + "marginal_note": "Recommended length of a study permit", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The duration of a study permit for students destined to Quebec should coincide with the duration of the attestation of issuance of the CAQ letter, which can be issued up to a 49-month maximum duration and according to the validity of their passports. If the study permit’s duration is shorter than the attestation of issuance of the CAQ letter, officers should provide reasons for this in the “Remarks” section of the permit.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Recommended length of a study permit", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/students-destined-quebec.html" + }, + { + "id": "pdi-tr-86-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Scholarships, award recipients and exchange programs", + "marginal_note": "Study permits: Scholarships, award recipients and exchange programs", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Study permits: Scholarships, award recipients and exchange programs", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/scholarship-award-recipients.html" + }, + { + "id": "pdi-tr-86-1-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Scholarships, award recipients and exchange p — Scholarship programs for international students", + "marginal_note": "Scholarship programs for international students", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "There are several organizations that administer and fund scholarship programs, allowing students from various countries to pursue studies or training in Canada. Because of sponsorship and funding arrangements, it may be assumed that students sponsored under these programs meet program requirements relating to acceptance, institution, course or program of study, and language. Sponsorships may also indicate that students will have sufficient funds available for their studies in Canada. Students with a spouse and/or other family member(s) must have additional funds to ensure they meet the financial requirement. Officers may exercise discretion in the documentation they request from applicants. Officers must review scholarship documents and determine whether they cover all expenses or are limited to covering tuition only. Please note that students will need to ensure that the scholarship granted covers tuition and sufficient funds for living expenses. Some students may have to provide additional documentation, depending on what their scholarship includes for funding. For more information on financial requirements for study permits, please visit: Assessing the application – Financial resources. .\nRefusals\nIf the applicant does not meet the financial requirements for study permits, an officer may refuse the application on the basis of insufficient funds.\nGlobal Affairs Canada international scholarship programs", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Scholarship programs for international students (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/scholarship-award-recipients.html" + }, + { + "id": "pdi-tr-86-1-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Scholarships, award recipients and exchange p — Scholarship programs for international students", + "marginal_note": "Scholarship programs for international students", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: As of June 26, 2024, recipients of Global Affairs Canada (GAC) scholarships meet an exception to the provincial or territorial attestation letter (PAL/TAL) requirement. Applicants applying for a study permit must include their official scholarship letter as proof that they meet an exception. For the Emerging Leaders in the Americas Program and Study in Canada Scholarships, as of April 1, 2026, the official scholarship letter will be issued by the receiving Canadian designated learning institution (DLI).\nFor the Canadian Francophone Scholarship Program (CFSP), participants make a contractual commitment to GAC to return to their country of origin upon completion of the CFSP.\nSummary of scholarship programs involving GAC\nProgram\nAdministered by\nFunded by\nLength of stay\nLevel of study\nResearch component\nSpecial program code\nAmericas (excluding the US)\nEmerging Leaders in the Americas Program\nGlobal Affairs Canada ‒ Education\nGlobal Affairs Canada ‒ Education\n4 to 6 months\nCollege or vocational, undergraduate, graduate (master’s degree, PhD)\nPossible\nELAP\nAsia\nCanada–China Scholars’ Exchange Program\nGlobal Affairs Canada ‒ Education\nGlobal Affairs Canada ‒ Education and Government of China\n4 to 12 months\nFaculty, scholars, mid-career, professionals\nYes\nCCSEP\nCanada–ASEAN Scholarships and Educational Exchanges for Development (SEED)\nGlobal Affairs Canada ‒ Development\nGlobal Affairs Canada ‒ Development\n4 to 8 months\nCollege or vocational, undergraduate, graduate (master’s and PhD)\nPossible\nn/a\nScholarships and Educational Exchanges for Development – Phase 2 (SEED-2)\nGlobal Affairs Canada ‒ Development\nGlobal Affairs Canada ‒ Development\n4 to 8 months\nCollege or vocational, undergraduate, graduate (master’s and PhD)\nPossible\nn/a\nUS\nCanada-US Fulbright Program", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Scholarship programs for international students (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/scholarship-award-recipients.html" + }, + { + "id": "pdi-tr-86-1-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Scholarships, award recipients and exchange p — Scholarship programs for international students", + "marginal_note": "Scholarship programs for international students", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Fulbright Canada\nGlobal Affairs Canada ‒ Education and Government of the US\n2 to 6 weeks; 4 to 36 months\nScholars, professionals, graduate (master’s degree, PhD), postdoctoral, faculty\nYes\nFKFP\nKillam Fellowships Program\nFulbright Canada\nGlobal Affairs Canada ‒ Education and Fulbright Canada\n4 to 10 months\nUndergraduate\nPossible\nFKFP\nNon-regional specific (to be added to those already present)\nCanadian International Development Scholarship Program 2030 (CIDS)\nGlobal Affairs Canada – Development\nGlobal Affairs Canada – Development\n1 to 48 months\nHigher education (technical and vocational education and training, and university studies)\nYes\nn/a\nProgramme canadien de bourses de la Francophonie\nGlobal Affairs Canada ‒ Development\nGlobal Affairs Canada ‒ Development\n12 to 48 months\nCollege or vocational, graduate (master’s degree, PhD), postdoctoral\nYes\nn/a\nStudy in Canada Scholarships (SICS)\nGlobal Affairs Canada ‒ Education\nGlobal Affairs Canada ‒ Education\n4 to 6 months\nCollege or vocational, undergraduate, graduate (master’s degree, PhD)\nPossible\nn/a\nNote: Study in Canada Scholarship recipients are eligible for a post-graduation work permit.\nRotary exchange students\nThe Rotary International Youth Exchange program has been operational since the mid-1920s. It involves approximately 10,000 participants ranging in age from 15 to 18. Students live with Rotary families throughout the year and are financially supported by hosting Rotary clubs.\nThe program requires students to attend school for one year and includes sponsored events over the summer months after completion of the academic year. The study permit for Rotary exchange students should be valid until August 31 of the following year.\nStudents involved in this program require a study permit before entering Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Scholarship programs for international students (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/scholarship-award-recipients.html" + }, + { + "id": "pdi-tr-86-1-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Scholarships, award recipients and exchange p — Scholarship programs for international students", + "marginal_note": "Scholarship programs for international students", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Other exchange programs\nA number of exchange programs sponsored by private organizations or educational institutions enable international students to attend Canadian schools and be hosted by Canadian families, and vice versa. In most cases, these students don’t require a study permit, given that their length of stay is usually less than 6 months. Students participating in exchange programs and studying at the post-secondary level are not eligible to work on or off campus.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Scholarship programs for international students (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/scholarship-award-recipients.html" + }, + { + "id": "pdi-tr-87-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Other considerations", + "marginal_note": "Study permits: Other considerations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Study permits: Other considerations", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/other-considerations.html" + }, + { + "id": "pdi-tr-87-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Other considerations — Bona fides", + "marginal_note": "Bona fides", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Bona fides of all foreign nationals applying for a study permit must be assessed on an individual basis; refusals of non-bona fide students may only withstand legal challenge when the refusal is based on the information related to the specific case before the officer. Therefore, while cultural context or historical migration patterns of a client group may be a contributing factor to the decision- making process, they alone are not valid or legally tenable grounds for refusal based on bona fides. If officers wish to take into account outside information, particularly where that information leads to concerns/doubts about the applicant's bona fides, the applicant must be made aware of the information taken into account and given an opportunity to address those concerns.\nThis interaction should be fully documented in the “Notes” section within the Global Case Management System. The onus, as always, remains on the applicant to establish that they are a bona fide temporary resident who will leave Canada following the completion of their studies pursuant to paragraph  R216(1)(b) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Bona fides", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/other-considerations.html" + }, + { + "id": "pdi-tr-87-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Other considerations — Distance learning", + "marginal_note": "Distance learning", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Distance learning can be through e-learning, correspondence, or Internet courses. Distance learning is a process by which technology is used in ways where the student does not have to physically be in the place where the teaching is taking place.\nSince by definition distance learning does not require one to be in Canada, a study permit  cannot be issued  for this type of course. For example, if a foreign national authorized to work in Canada is prohibited from engaging in studies as per a condition of their work permit, they are allowed to engage in distance learning courses.\nHowever, some distance learning courses include an in-Canada portion to the program (for example, special tutorials or the writing of final exams). If the overall course of study is greater than 6 months, then the student requires a study permit for the in-Canada portion of the program, even if the in-Canada portion is less than 6 months.  The duration of the study permit should be for the duration of the in-Canada portion only .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Distance learning", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/other-considerations.html" + }, + { + "id": "pdi-tr-87-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Other considerations — Dual intent", + "marginal_note": "Dual intent", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Subsection  A22(2)  states that an intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay. Learn more about  dual intent .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Dual intent", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/other-considerations.html" + }, + { + "id": "pdi-tr-87-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Other considerations — Exceptional situations", + "marginal_note": "Exceptional situations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When international students are unable to fulfill their conditions as temporary residents due to circumstances entirely beyond their control (for example, a school strike), they should not face any sanctions by Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency.\nFor example, if international students are due to apply for a study permit extension during labour unrest, they should include with their application an explanation (from the registrar of the educational institution) of why they have been unable to continue with their studies or attend school. International students must, however, maintain valid temporary residence at all times and should maintain their status as a student during this period by renewing their study permit before it expires or becomes invalid. Once the labour unrest has been resolved, they will be able to resume their studies, provided that they continue to have valid temporary residence and a valid study permit.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Exceptional situations", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/other-considerations.html" + }, + { + "id": "pdi-tr-87-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Other considerations — Official languages", + "marginal_note": "Official languages", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Under section 41 of the  Official Languages Act , the Government of Canada, and IRCC, is committed to enhancing the vitality of the English and French linguistic minority, and fostering the full recognition and use of both English and French in Canadian society.\nIf an officer has concerns about the academic or administrative practices of a program of study that is offered by an institution in an linguistic minority community, they should follow the procedures relating to “concerns about an institution” as outlined in Study permits: Letters of acceptance (LOAs).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Official languages", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/other-considerations.html" + }, + { + "id": "pdi-tr-87-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Other considerations — Professional training programs", + "marginal_note": "Professional training programs", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A professional training program is a type of additional education or training usually offered to professionals already in the field. Professional development is generally “accredited”; that is, it is recognized by an industry, association, or profession. Professional training is offered through community colleges, universities, CEGEPs, career colleges, professional associations, or unions.\nIn general, professional training programs require participants to complete both a study and work component in order to successfully complete the program, and obtain the given credential. However, unlike co-op/internship programs in post-secondary institutions (for example, universities, community colleges) such programs often consist of a full-time work component and a part-time study component. The work component often comprises more than 50% of the study component.\nApplicants wishing to participate in professional training programs must:\napply for a study permit to cover the study portion, if the study component is more than 6 months at a designated learning institution\napply for the appropriate work permit to cover the work portion", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Professional training programs", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/other-considerations.html" + }, + { + "id": "pdi-tr-88-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Final decisions", + "marginal_note": "Study permits: Final decisions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Study permits: Final decisions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/final-decisions.html" + }, + { + "id": "pdi-tr-88-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Final decisions — Overseas", + "marginal_note": "Overseas", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Once the officer is satisfied that the applicant has met all eligibility and admissibility requirements, they should do the following:\nenter the final decision\nissue a letter of introduction indicating the document number and the recommended validity period\nindicate the recommended conditions in the “ User Remarks ” box in the Global Case Management System (GCMS)\nif required:\nensure an  electronic travel authorization (eTA)  has been generated and authorized\nissue a temporary resident visa (TRV)\nIt is not permitted to cancel any valid pre-existing visa in the passport if the purpose for which it was obtained remains valid (e.g., a bona fide business person holding a long-term multiple-entry TRV who requires a short-term study permit).\nIf there is a pre-existing TRV (for example, V-1 or B-1) valid for a period longer than the period of the study permit, it is  not  necessary to affix a second counterfoil to the passport with the coding S-1.\nNote:  Visa-exempt foreign nationals for whom the officer has approved an initial study permit will be automatically issued an  eTA . No additional action is required on the officer’s part to manually issue the eTA. If the eTA is automatically issued in error in the GCMS, it should be cancelled before the approved study permit is printed.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Overseas", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/final-decisions.html" + }, + { + "id": "pdi-tr-88-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Final decisions — Ports of entry (POEs)", + "marginal_note": "Ports of entry (POEs)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The border services officer does the following:\nensures the letter of acceptance is valid\nensures the DLI has not been placed on the suspension list or lost designated status\nissues a study permit (and a work permit, if applicable) in accordance with the letter of introduction\nNote:  As of April 26, 2022, lawful permanent residents of the United States (U.S) do not need an eTA to fly to a Canadian airport. In all methods of travel, they must present their passport and proof of their valid lawful permanent resident status in the U.S. (such as a valid green card or a valid I-551 [ADIT] stamp in their passport).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Ports of entry (POEs)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/final-decisions.html" + }, + { + "id": "pdi-tr-88-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Final decisions — In Canada", + "marginal_note": "In Canada", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For study permit renewals and for foreign nationals who are eligible to apply for a study permit from within Canada, the officer will issue a study permit (and a work permit, if applicable) once they are satisfied that the applicant has met all eligibility and admissibility requirements.\nAn eTA is automatically issued when a visa-exempt foreign national obtains a renewed study permit.\nNote:  With the expansion of eTA, eligible low-risk foreign nationals from certain visa-required countries who receive a renewed study permit will be automatically issued an eTA. To be eligible, eTA expansion applicants must have held a TRV or must hold a U.S. non-immigrant visa with their initial study permit. To travel by modes other than air, an eTA-expansion eligible foreign national must have a TRV.\nAll in-Canada visitor extension, study permit and work permit applications must be submitted electronically, with some exceptions. Consult the list of  programs that are exempt from the in-Canada mandatory electronic application requirement .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: In Canada", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/final-decisions.html" + }, + { + "id": "pdi-tr-88-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Final decisions — Determining validity periods", + "marginal_note": "Determining validity periods", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Once an officer has determined that an applicant is bona fide and meets the requirements, the officer should issue the applicant a long-term study permit, along with a long-term multiple-entry TRV or an eTA, if applicable, for  the length of the program of studies plus 90 days, or up to the expiry of their passport or other travel document described in subsection 52(1) of the Immigration and Refugee Protection Regulations (IRPR) , whichever comes first.\nNote: To enter Canada, under subsection R52(2) , certain individuals do not require a passport or another travel document that is valid for the period authorized for their stay. This may be a consideration if study permit applications from these individuals do not include a passport or another travel document described in subsection R52(1) that is valid for the full length of their intended study period.\nThe validity period of the study permit and the TRV may not go beyond the validity date of the passport or other described travel document (unless exempt under subsection R52(2) ); the eTA will remain valid up to 5 years from the date of issuance or until expiry of the passport or other travel document, whichever comes first, regardless of whether this date is beyond the expiry date for the study permit. If an officer has reasons to restrict the validity period of a study permit due to concerns with the case, the officer should note the reasons in the “Notes” section in GCMS.\nNote:  If the eTA is automatically issued in error or with incorrect information in GCMS, it should be cancelled before the approved study permit is printed.\nFor more information on study permit invalidity, refer to  Study permits: Assessing study permit conditions .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Determining validity periods", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/final-decisions.html" + }, + { + "id": "pdi-tr-88-6-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Final decisions — Prerequisite programs", + "marginal_note": "Prerequisite programs", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When the completion of a prerequisite program, such as English as a second language (ESL) or French as a second language (FSL), is a condition for enrolment in a subsequent program, officers issue an SX-1 visa (if the duration of the program is less than 6 months) or a study permit for the length of the prerequisite ESL or FSL program plus 90 days.\nAs per R222(1)(a), a study permit become invalid 90 days after the day on which the permit holder completes their studies. Therefore if a student finishes their prerequisite program early, their permit will only remain valid for 90 days, regardless of the date printed. For more information on study permit invalidity, see Study permits: Assessing study permit conditions .\nThe length of the period authorized upon entry or when extending a temporary status or renewing a permit must not extend beyond the validity of the foreign national’s travel document [ R52 ,  R183(2)(c) ]. Students who successfully complete their prerequisite program will then need to apply for a new study permit and demonstrate they have completed the admission requirements.\nWhile a study permit is not required for short-term courses of less than 6 months in duration, an officer must make a determination on an application for a study permit, even when the duration of the course or program of study is 6 months or less [ R188(2) ].\nStudents who are taking a prerequisite course or program of study may work on campus, provided they meet all other eligibility requirements, but are not eligible to work off campus. However, they are able to work off campus once they have completed their prerequisite and started their main program of study.\nProgram completion", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Prerequisite programs (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/final-decisions.html" + }, + { + "id": "pdi-tr-88-6-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Final decisions — Prerequisite programs", + "marginal_note": "Prerequisite programs", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As per  subsection R222(1) , the duration of the validity of a study permit corresponds to the length of the program of studies plus 90 days following program completion (for example, notification in writing of program completion). On the study permit, officers must continue to enter the expiry date of the program of study or of the applicant’s passport, whichever occurs first. For the purposes of this provision, program completion is interpreted as follows:\nPost-secondary students (and most adult students, even if not at a post-secondary institution): Coincides with the duration of their proposed course or program of study, plus an additional 90 days.\nSecondary students, grades 9 to 12 (in Quebec, secondary students are defined as students in secondaire IIIthrough secondaire V, which is the equivalent of grades 9 to 11): Coincides with the duration of their intended program or course of study, plus an additional 90 days.\nPrimary students, grades 1 to 8: Year-to-year basis, except for dependent children of persons who have been issued long-term permits (study or work), provided the period does not exceed that which has been given to the head of the family.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Prerequisite programs (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/final-decisions.html" + }, + { + "id": "pdi-tr-89-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Reviewing student enrolment status reporting by DLIs", + "marginal_note": "Reviewing student enrolment status reporting by DLIs", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThese instructions will provide guidance related to student enrolment status data collected during the twice-yearly DLI reported compliance exercises, and how to find and interpret this information to inform decision-making.\nPlease note: As of November 8, 2024 , submitting a compliance report has become mandatory under R222.1(1)(b) . For more information, see Conditions on DLIs.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing student enrolment status reporting by DLIs", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/student-enrolment-status-dli.html" + }, + { + "id": "pdi-tr-89-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Reviewing student enrolment status reporting by DLIs — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "International Student Compliance Regime (ISCR)\nWho is subject to the International Student Compliance Regime\nStudent compliance reporting by post-secondary Designated Learning Institutions\nCompliance reporting verification results: Adverse vs. Non-adverse enrolment statuses\nImportant considerations for interpreting compliance data\nApplying compliance results to application processing\nStudy Permit (SP) holders changing Designated Learning Institutions (DLIs)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/student-enrolment-status-dli.html" + }, + { + "id": "pdi-tr-89-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Reviewing student enrolment status reporting by DLIs — International Student Compliance Regime (ISCR)", + "marginal_note": "International Student Compliance Regime (ISCR)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Since 2016, a compliance process has been in place to monitor the enrolment status of study permit holders studying at a post-secondary designated learning institution (DLI) in Canada (excluding Nunavut). The ISCR is a monitoring regime that collects enrolment statuses from DLIs. This allows IRCC to identify individuals who may no longer be enrolled or actively pursuing their studies, which are both conditions of their study permit per subsection R220.1(1) of the Immigration and Refugee Protection Regulations (IRPR) .\nBy assessing study permit conditions , non-compliance may be confirmed during processing of a subsequent application, entry to Canada or through follow-up verifications, followed by enforcement action against those confirmed to be non-compliant. Reporting a student as having a compliant enrolment status would indicate that the student is actively pursuing their studies; however, this compliant status would also need to be verified.\nWho is subject to the International Student Compliance Regime (ISCR)\nPer subsection 220.1(1) of the IRPR , study permit holders in Canada (with the exception of those described under R220.1(3) ) are subject to both of the following conditions:\nThey shall enroll at the designated learning institution that is named in their permit and remain enrolled there until they complete their studies.\nThey shall actively pursue their course or program of study.\nThis means that study permit holders in Canada must make reasonable progress toward completing their program of study.\nStudy permit holders included in the scope of the ISCR are those who\nare currently studying at the post-secondary level at a Canadian DLI\nare enrolled in a program of study of at least 6 months in duration", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: International Student Compliance Regime (ISCR) (part 1 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/student-enrolment-status-dli.html" + }, + { + "id": "pdi-tr-89-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Reviewing student enrolment status reporting by DLIs — International Student Compliance Regime (ISCR)", + "marginal_note": "International Student Compliance Regime (ISCR)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Study permit holders excluded from the scope of the ISCR include\nall students at the primary and secondary level\nstudy permit holders who are exempted from both the requirement to enrol and remain enrolled at a designated learning institution until they complete their studies, and to actively pursue their course or program of study under subsection R220.1(1) , including\npersons described in any of paragraphs R300(2)(a) to (i) (for example, a refugee claimant [and their family members] who made a claim that has not yet been decided on),\nor\nfamily members of a foreign national who resides in Canada and is described in any of paragraphs R215(2)(a) to (i) (for example, a family member of a foreign national who is subject to an unenforceable removal order)\nStudent compliance reporting by post-secondary Designated Learning Institutions\nIRCC sends each DLI a request to complete a compliance report through the DLI Portal twice a year. The compliance report is a list of all foreign nationals with an active study permit associated with their DLI number in GCMS. On the first day of the reporting period, the list is automatically generated in GCMS and sent to DLIs through IRCC’s DLI Portal. DLI representatives can access their report by logging into their DLI Portal account.\nThe compliance reporting periods occur during fixed 60-day periods in the Spring and Fall:\nMarch 1 to April 30\nNovember 1 to December 30\nDLIs must select an enrollment status for each study permit holder that appears on their compliance report. They have 60 days to complete the report and submit it to IRCC.\nCompliance reporting verification results: Adverse vs. Non-adverse enrolment statuses", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: International Student Compliance Regime (ISCR) (part 2 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/student-enrolment-status-dli.html" + }, + { + "id": "pdi-tr-89-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Reviewing student enrolment status reporting by DLIs — International Student Compliance Regime (ISCR)", + "marginal_note": "International Student Compliance Regime (ISCR)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A full list of definitions for each enrolment status may be found at Designated Learning Institution Portal: Compliance Reporting . Adverse verification results indicate that the DLI has reported on the study permit holder with an enrolment status which indicates the SP holder may not be enrolled or actively pursuing their studies.\nNo adverse indicates the DLI has reported on the study permit holder with an enrolment status indicating the international student is enrolled and actively pursuing their studies.\nAn adverse verification result is an indicator of potential non-compliance; however, procedural fairness principles must be followed to confirm SP holder non-compliance. The enrolment data collected may be used for post-reporting investigations to verify a student’s compliance. Officers can proceed with an interview or request more information (e.g., transcripts, completion letters, etc.) as required to make a decision.\nEnrolment Statuses considered non-adverse:\nAcademic break\nAuthorized Leave\nDeferred Enrolment\nFull-time Studies\nNot started\nPart-time Studies\nProgram or Degree Completed\nEnrolment Statuses considered adverse:\nAcademic suspension\nNo longer registered or enrolled\nNo show\nUnknown or no record\nImportant considerations for interpreting compliance data\nThe enrolment statuses of international students are reported to IRCC twice yearly via compliance reports submitted by the DLI with which the SP application is associated. However, the information should only be considered an indication of compliance or non-compliance.\nProcedural fairness must be undertaken if the information is used to inform an adverse final decision.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: International Student Compliance Regime (ISCR) (part 3 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/student-enrolment-status-dli.html" + }, + { + "id": "pdi-tr-89-2-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Reviewing student enrolment status reporting by DLIs — International Student Compliance Regime (ISCR)", + "marginal_note": "International Student Compliance Regime (ISCR)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Compliance investigations are currently taking place on a small portion of potentially non-compliant international students. A study permit holder is provided a procedural fairness opportunity when IRCC requests additional evidence of their studies per subsection R220.1(4) . See Study permits: Assessing study permit conditions .\nIf investigations confirm students are non-compliant, enforcement action is taken if students are found non-compliant following procedural fairness. In addition, IRM analyzes compliance investigation results to identify possible risk trends to assist with future processing activities.\nApplying compliance results to application processing\nThe primary objective of collecting enrolment data is to monitor student compliance in alignment with the conditions of the study permit, and to identify potentially non-compliant study permit holders. Students who have been reported with an adverse status are considered to be potentially non-compliant until post-reporting verifications occur, the process of procedural fairness is followed, and non-compliance is confirmed. However, processing officers may leverage the compliance data to determine if additional documentation to show proof of study should be requested from the client. Regular protocols that are currently in place should be followed in verifying student non-compliance.\nStudy Permit (SP) holders changing Designated Learning Institutions (DLIs)\nDue to regulatory amendments implemented November 8, 2024, students need to apply for a new study permit to change DLIs at the post-secondary level.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: International Student Compliance Regime (ISCR) (part 4 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/student-enrolment-status-dli.html" + }, + { + "id": "pdi-tr-89-2-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Reviewing student enrolment status reporting by DLIs — International Student Compliance Regime (ISCR)", + "marginal_note": "International Student Compliance Regime (ISCR)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Before November 8, 2024 study permits were not restricted to a specific DLI, and SP holders could change schools without needing to apply for a new study permit. Students were expected to inform IRCC of the change in DLI by updating their IRCC MyAccount. Students who failed to inform IRCC of a change in DLI remained associated with their previous DLI in GCMS, and were likely reported with an adverse status.\nFor more information and how to assess this condition in cases of study permits issued prior to and as of the coming-into-force of these regulations, please refer to Study permits: Assessing study permit conditions .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: International Student Compliance Regime (ISCR) (part 5 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/student-enrolment-status-dli.html" + }, + { + "id": "pdi-tr-90-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "On-campus and student work placement work [R186(f)] – Authorization to work with", + "marginal_note": "On-campus and student work placement work [R186(f)] – Authorization to work without a work permit – International Mobility Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nIn these instructions, “officer” refers to employees of both Immigration, Refugees and Citizenship Canada and the Canada Border Services Agency.\nImportant: As of April 1, 2026, the definition of on-campus work has been expanded to include student work placements (such as co-ops and internships) in locations where work that is an essential part of a post-secondary academic, vocational or professional training program offered by a designated learning institution (DLI) in Canada will be performed.\nPost-secondary students who are already in Canada may now participate in their student work placement using their on-campus work authorization, provided they meet all the eligibility requirements.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On-campus and student work placement work [R186(f)] – Authorization to work without a work permit – International Mobility Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/working-on-campus.html" + }, + { + "id": "pdi-tr-90-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "On-campus and student work placement work [R186(f)] – Author — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Eligibility requirements\nFull-time post-secondary students with a part-time course load in their final academic session\nIneligibility for on campus work\nDefinition of “on-campus work”\nWork locations\nCampus locations\nStudent work placements\nResearch locations\nRemote work\nEmployer for on-campus work\nOccupations\nWorking on campus in addition to working off campus\nPrevious updates", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/working-on-campus.html" + }, + { + "id": "pdi-tr-90-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "On-campus and student work placement work [R186(f)] – Author — Eligibility requirements", + "marginal_note": "Eligibility requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Full-time post-secondary students may work without a work permit on the campus of the university or college at which they are a full-time student [ R186(f) ]. This authorization will be indicated on their study permit and will be valid for the period for which they hold a study permit at the institution and during which they are enrolled in full-time studies.\nOn-campus work eligibility applies to students who are\nengaged in full-time studies at\na public post-secondary institution, such as\na college\na trade or technical school\na university\na CEGEP (in Quebec)\na private post-secondary institution that operates under the same rules and regulations as public institutions in Quebec\na private or public secondary or post-secondary institution in Quebec offering qualifying programs of 900 hours or longer leading to\na diploma of vocational studies (DVS)\nan attestation of vocational specialization (AVS)\na Canadian private institution authorized by provincial statute to confer degrees, such as an associate, bachelor’s, master’s or doctoral degree, but only if the student is enrolled in a program of study leading to a degree, as authorized by the province, which may not include all programs of study offered by the private institution\nFull-time post-secondary students with a part-time course load in their final academic session\nStudents whose study permit indicates that they are authorized to work on campus and who have maintained full-time status for the duration of their program of study, but who only require a part-time course load in their final academic session in order to complete their program of study, are still considered to be a full-time student during their final academic session.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility requirements", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/working-on-campus.html" + }, + { + "id": "pdi-tr-90-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "On-campus and student work placement work [R186(f)] – Author — Ineligibility for on-campus work", + "marginal_note": "Ineligibility for on-campus work", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "On-campus work is not permitted\non the day the student stops studying full-time, unless they are in their final semester and meet other on-campus working requirements\nwhen the student’s study permit expires\nif the student is on an authorized leave from their studies\nif the student is switching schools and is not currently studying\nThe student can return to work only once they are back to studying and they meet all the requirements to work on campus.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Ineligibility for on-campus work", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/working-on-campus.html" + }, + { + "id": "pdi-tr-90-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "On-campus and student work placement work [R186(f)] – Author — Definition of “on-campus work”", + "marginal_note": "Definition of “on-campus work”", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "On-campus work is defined as occurring at employment facilities within the boundaries of the following:\ncampus locations\nstudent work placements\nresearch locations\nThere is no limit on work hours for on-campus work, and full-time post-secondary students may participate in different forms of on-campus work.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Definition of “on-campus work”", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/working-on-campus.html" + }, + { + "id": "pdi-tr-90-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "On-campus and student work placement work [R186(f)] – Author — Work locations", + "marginal_note": "Work locations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Campus locations\nStudents are allowed to work on the campus of the educational institution at which they are registered in full-time studies. If an institution has more than one campus, the student can work at different locations on those campuses provided they are within the same municipality. If an institution has campuses in different cities, the student is restricted to working on the campus where they are registered as a full-time student.\nStudent work placements\nStudent work placements are work experiences that are an essential part of a study program and related to a given field of study. They can include, but are not limited to, the following:\nco-op placements\ninternships\npracticums\nmentorship programs\nStudents who are eligible for on-campus work can participate in student work placements outside of the boundaries of their educational institution so long as that work meets the following conditions (in addition to other on-campus eligibility requirements):\nthe student work placement is an essential part of a post-secondary academic, vocational or professional training program offered by a DLI in Canada, and if requested, the student can provide a letter from their DLI confirming it is necessary to complete their study program, and\nthe student work placement totals 50% or less of their study program.\nStudents in the following programs are not eligible to participate in student work placements in the context of the on-campus work authorization as defined above:\nEnglish or French as a second language\ngeneral interest courses\ncourses to prepare for another study program\nResearch locations\nStudents may work as teaching or research assistants on campus or in a building affiliated with the institution but located outside the physical boundaries of the institution’s campus, such as a library, hospital or research facility. This work is allowed, provided it is strictly related to the student’s research grant.\nRemote work\nStudents who are eligible for on-campus work can work remotely for employers located within the boundaries of the educational institution at which the students are registered. It is recommended that employers provide a teleworking agreement to the students as confirmation.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work locations", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/working-on-campus.html" + }, + { + "id": "pdi-tr-90-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "On-campus and student work placement work [R186(f)] – Author — Employer for on-campus work", + "marginal_note": "Employer for on-campus work", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The employer can be any of the following:\nthe institution\na faculty member\na student organization\nthe students themselves (self-employment taking place on campus)\na private business\na private contractor providing services to the institution on the campus\nthe employer for student work placements approved by the DLI\nOn-campus employers include those whose businesses might also serve the general public, as long as the place of business is located on the institution’s campus or as part of a student work placement approved by the DLI.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Employer for on-campus work", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/working-on-campus.html" + }, + { + "id": "pdi-tr-90-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "On-campus and student work placement work [R186(f)] – Author — Occupations", + "marginal_note": "Occupations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Full-time post-secondary international students may be authorized to work without a permit in any occupation as long as they are working\non campus (no restriction on the number of jobs)\nas a research or teaching assistant at facilities off campus in research related to their research grant. These facilities can include teaching hospitals, clinics and research institutes that have a formal association or affiliation with the learning institution.\nas part of their student work placement activities as approved by their DLI. These can include, but are not limited to, the following:\nco-op placements\ninternships\npracticums\nmentorship programs\nStudents who have not submitted an immigration medical examination (IME) as part of their study permit application will have to undergo an IME if their on-campus work occurs in a hospital or any other location where the protection of public health is essential. For more information, find out who must submit to an immigration medical examination .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Occupations", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/working-on-campus.html" + }, + { + "id": "pdi-tr-90-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "On-campus and student work placement work [R186(f)] – Author — Working on campus in addition to working off campus", + "marginal_note": "Working on campus in addition to working off campus", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "There are no restrictions on the number of hours students can work on campus [as per R186(f)] in addition to working a maximum of 24 hours per week off campus, provided they continue to meet the applicable eligibility requirements.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Working on campus in addition to working off campus", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/working-on-campus.html" + }, + { + "id": "pdi-tr-91-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work related to a research, educational or training program [R205(c)(i) – C31, C", + "marginal_note": "Work related to a research, educational or training program [R205(c)(i) – C31, C32 and C33] – Canadian interests – International Mobility Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nIn these instructions, the term “officer” refers to employees of both Immigration, Refugees and Citizenship Canada and the Canada Border Services Agency.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work related to a research, educational or training program [R205(c)(i) – C31, C32 and C33] – Canadian interests – International Mobility Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/work-related-research-educational-training-program-r205-1-2-codes-c31-c32-c33.html" + }, + { + "id": "pdi-tr-91-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work related to a research, educational or training program — Place of application", + "marginal_note": "Place of application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "All foreign nationals applying for work permits must meet the requirement of paragraph 200(1)(a) of the Immigration and Refugee Protection Regulations (IRPR) in that they applied in the correct place according to section R197 (outside Canada), R198 (on entry) and R199 (after entry).\nFor more information, consult:\nPersons who may apply at a port of entry\nPersons who may apply from within Canada\nA work permit may be issued under subparagraphs R205(c)(i), (i.1) and (i.2) of IRPR, labour market impact assessment (LMIA) administrative codes C31 and C33, to foreign nationals who meet the eligibility requirements outlined below.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Place of application", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/work-related-research-educational-training-program-r205-1-2-codes-c31-c32-c33.html" + }, + { + "id": "pdi-tr-91-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work related to a research, educational or training program — Research – administrative code C31", + "marginal_note": "Research – administrative code C31", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Administrative code C31 (research) is intended for foreign nationals who are one of the following:\ncoming to Canada to work temporarily for the International Development Research Centre of Canada\nsponsored by Atomic Energy of Canada Ltd. as distinguished scientists or post-doctoral fellows\nsponsored by the National Research Council of Canada (NRC), the Natural Sciences and Engineering Research Council of Canada (NSERC) or Natural Resources Canada (NRCan)\nsponsored by a department or agency that is associated with NRCan and participating in the Post-doctoral Research Program for distinguished scientists and scholars coming to participate in research for these departments and agencies as part of the Post-doctoral Research Program (departments and agencies that have joined NRCan’s Post-doctoral Research Program are responsible for issuing their own letters of offer to candidates)\nholders of research chair positions at a Canadian university, nominated for their research excellence and partially or wholly funded by federal or provincial governments", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Research – administrative code C31", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/work-related-research-educational-training-program-r205-1-2-codes-c31-c32-c33.html" + }, + { + "id": "pdi-tr-91-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work related to a research, educational or training program — Post-secondary co-op – administrative code C32", + "marginal_note": "Post-secondary co-op – administrative code C32", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As of April 1, 2026, a co-op work permit is no longer required for foreign nationals who intend to perform work that is an essential part of a post-secondary academic, vocational or professional training program offered by a designated learning institution (DLI) in Canada. The definition for on-campus work has been expanded to include student work placements at the post-secondary level, regardless of whether the work is within the geographic boundaries of the DLI. For more information, see On-campus and student work placement work .\nStudent work placements give post-secondary students across Canada paid work experience related to their field of study. Student work placement activities can include, but are not limited to, the following :\nco-op placements\ninternships\npracticums\nmentorship programs\nThe acceptance letter provided by the  DLI  to the foreign national applying for their study permit should clearly establish that the work is an essential part of the academic, vocational or professional training program that all participants enrolled in the program are required to complete in order to receive their degree, diploma or certificate. The work cannot form more than 50% of the total program of study. Students remain subject to existing conditions on their study permit (for example, remaining enrolled in full-time studies).\nStudents who have already applied for a co-op work permit will have the co-op work permit application administratively withdrawn . Applicants will receive a letter from IRCC indicating the withdrawal. Students may begin their student work placement even if they have not yet received the administrative withdrawal letter.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Post-secondary co-op – administrative code C32 (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/work-related-research-educational-training-program-r205-1-2-codes-c31-c32-c33.html" + }, + { + "id": "pdi-tr-91-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work related to a research, educational or training program — Post-secondary co-op – administrative code C32", + "marginal_note": "Post-secondary co-op – administrative code C32", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: This provision applies only to work that is required for a program offered by a Canadian institution. Administrative code C32 does not apply if the employment is a requirement of an academic, vocational or professional training program offered by a foreign institution.\nOutside Canada\nStudents who are outside Canada can work while their study permit is being processed. If their school and employer agree, they can either\naccept a Canadian work placement and begin working remotely from their home country, or\nwork for a company in their home country.\nIn Canada\nWork that is an essential part of a post-secondary academic, vocational or professional training program (such as co-op) can be performed in other locations not restricted by campus boundaries. Students may use their  on-campus  work authorization for their student work placements (such as co-op), provided they meet all the eligibility requirements.\nThere is no limit on work hours for on-campus work. A student may accept employment on the campus of the university or college at which they are a full-time student, under  paragraph R186(f) , in addition to their student work placement work.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Post-secondary co-op – administrative code C32 (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/work-related-research-educational-training-program-r205-1-2-codes-c31-c32-c33.html" + }, + { + "id": "pdi-tr-91-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work related to a research, educational or training program — Administrative withdrawal of an application for a post-secon", + "marginal_note": "Administrative withdrawal of an application for a post-secondary co-op work permit (C32)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applications that have been received by IRCC will not be reviewed by an officer. Officers will administratively withdraw applications in inventory.\nC32 applicants will receive a letter indicating their C32 application has been administratively withdrawn and closed.\nOfficers will not review any C32 applications in the inventory received before or after April 1, 2026. Officers must administratively withdraw an application in the Global Case Management System (GCMS) and\nenter a note in the system regarding the administrative withdrawal\nsend a letter to the applicant indicating the withdrawal\nupload in the system a copy of the letter sent to the applicant\nAs C32 applications are fee exempt, there is no need to proceed with a fee refund.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Administrative withdrawal of an application for a post-secondary co-op work permit (C32)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/work-related-research-educational-training-program-r205-1-2-codes-c31-c32-c33.html" + }, + { + "id": "pdi-tr-91-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Work related to a research, educational or training program — Secondary school co-op – administrative code C33", + "marginal_note": "Secondary school co-op – administrative code C33", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Administrative code C33 (co-op for international secondary school students) is intended for study permit holders who intend to perform work that is an essential part of a Canadian program at the secondary school level. This includes vocational training programs offered by a DLI in Quebec and programs that require students to work in order to obtain their secondary or high school diploma or certificate of graduation.\nNote:  For the purpose of subparagraph R205(c)(i.2), administrative code C33, students are not eligible if they undertake any of the following :\ngeneral interest courses\npreparatory courses\nwork-study programs offered by institutions that primarily offer English or French as a second language (ESL/FSL) courses\nbusiness-type programs containing primarily ESL/FSL courses (officers may request more information regarding the curriculum directly from the school before finalizing the application)\nApplicants under administrative codes C31 and C33 are exempt from the work permit processing fee [ R299(2)(e) ] and the open work permit fee [ R303.2(2)(a) ].", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Secondary school co-op – administrative code C33", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/work-related-research-educational-training-program-r205-1-2-codes-c31-c32-c33.html" + }, + { + "id": "pdi-tr-92-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Off-campus work", + "marginal_note": "Study permits: Off-campus work", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nAs of June 1, 2014, certain students can work off campus without a work permit [ paragraph R186(v) ]. Starting November 8, 2024, these students can work part time (up to 24 hours a week) during a regular academic session and full time during regularly scheduled breaks between academic sessions.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Study permits: Off-campus work", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/campus-work.html" + }, + { + "id": "pdi-tr-92-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Off-campus work — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Off-campus work hours: Temporary public policy\nEligibility requirements\nDefinitions\nIneligible programs of study\nFull-time status\nConditions for work\nRegularly scheduled breaks\nOff-campus work and completion of a program of studies", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/campus-work.html" + }, + { + "id": "pdi-tr-92-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Off-campus work — Off-campus work hours: Temporary public policy", + "marginal_note": "Off-campus work hours: Temporary public policy", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The temporary public policy has now expired\nApplications received on or before October 7, 2022\nNew: The Minister announced on December 7, 2023, that this public policy will be extended until April 30, 2024.\nAs per the off-campus work hours public policy announced on October 7, 2022, from November 15, 2022, to April 30, 2024, certain students are permitted to work off campus without a work permit for more than 20 hours per week during a regular academic session if IRCC has received their study permit application on or before October 7, 2022. This public policy exempts eligible full-time international students without a work permit from the requirement that they work no more than 20 hours off campus per week during regular academic sessions.\nNote: There is a new public policy for study permit applications received by IRCC between October 8, 2022, and December 7, 2023.\nThis applies to eligible international students\nwho meet all of the off-campus work  eligibility requirements , as long as they hold a valid study permit and the study permit application associated with their study permit was received by IRCC on or before October 7, 2022\nwhose study permit application has already been approved or is eventually approved\nwho are studying full-time at a designated learning institution (DLI) or part-time at a DLI during their final academic session, if their final academic session takes place between November 15, 2022, and April 30, 2024\nwho are currently in Canada or will be entering Canada at a later date but prior to the expiry of this public policy\nFor former study permit holders on maintained status\nThose on maintained status for a study permit may qualify for this temporary public policy if they meet the conditions below.\nThe foreign national", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Off-campus work hours: Temporary public policy (part 1 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/campus-work.html" + }, + { + "id": "pdi-tr-92-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Off-campus work — Off-campus work hours: Temporary public policy", + "marginal_note": "Off-campus work hours: Temporary public policy", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "previously held a study permit\nsubmitted an application under subsection 217(1) of the Immigration and Refugee Protection Regulations (IRPR) to renew their study permit before the previously held study permit expired, and that application for renewal was received by IRCC on or before October 7, 2022\nis awaiting a decision on the application for renewal\nis authorized to study without a study permit pursuant to section R189\nis a full-time student enrolled at a DLI, as defined in section R211.1\nis enrolled in a program that is a post-secondary academic, vocational or professional training program, or a vocational training program at the secondary school level offered in Quebec, of a duration of 6 months or more in both cases, that leads to a degree, diploma or certificate\nOff-campus work hours public policy and study permit extensions\nIf the international student’s application for a study permit extension was received on or before October 7, 2022, and the application is approved, they may work more than 20 hours per week under the public policy until that study permit extension expires, or until April 30, 2024, whichever comes first.\nNote: There is a new public policy for study permit extensions received by IRCC between October 8, 2022, and December 7, 2023.\nOff-campus work hours public policy and co-op work permits\nStudy permit holders with an upcoming co-op placement\nIf the student is eligible for this public policy for part or all of the period it is in effect (November 15, 2022, to April 30, 2024), they may not need to apply for a co-op work permit.\nA student does not need to apply for a co-op work permit if they meet both of the following criteria:\nThe entire co-op placement takes place between November 15, 2022, and April 30, 2024.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Off-campus work hours: Temporary public policy (part 2 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/campus-work.html" + }, + { + "id": "pdi-tr-92-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Off-campus work — Off-campus work hours: Temporary public policy", + "marginal_note": "Off-campus work hours: Temporary public policy", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The student is eligible for the off-campus work hours public policy for the entire period of the co-op placement.\nIf the student does not meet both of the above criteria, they will need to apply for a co-op work permit.\nApplications received between October 8, 2022, and December 7, 2023\nNew: On December 7, 2023, the Minister announced a new off-campus work hours public policy. From January 1, 2024, to April 30, 2024, eligible students are permitted to work off campus without a work permit for more than 20 hours per week during a regular academic session if IRCC received their study permit application between October 8, 2022, and December 7, 2023 .\nNote: If IRCC received the study permit application before October 8, 2022, see the previous public policy that is now expiring on April 30, 2024.\nThis applies to eligible international students\nwho meet all of the off-campus work eligibility requirements , as long as they hold a valid study permit and the study permit application associated with their study permit was received by IRCC between October 8, 2022, and December 7, 2023,\nwhose study permit application has already been approved or is eventually approved\nwho are studying full-time at a DLI or part-time at a DLI during their final academic session, if their final academic session takes place between January 1, 2024, and April 30, 2024\nwho are currently in Canada or will be entering Canada at a later date but prior to the expiry of this public policy\nFor former study permit holders on maintained status\nThose on maintained status for a study permit may qualify for this temporary public policy if they meet the conditions below.\nThe foreign national\npreviously held a study permit", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Off-campus work hours: Temporary public policy (part 3 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/campus-work.html" + }, + { + "id": "pdi-tr-92-2-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Off-campus work — Off-campus work hours: Temporary public policy", + "marginal_note": "Off-campus work hours: Temporary public policy", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "submitted an application under subsection R217(1) to renew their study permit before the previously held study permit expired, and that application for renewal was received by IRCC between October 8, 2022, and December 7, 2023,\nis awaiting a decision on the application for renewal\nis authorized to study without a study permit pursuant to section R189\nis a full-time student enrolled at a DLI, as defined in section R211.1\nis enrolled in a program that is a post-secondary academic, vocational or professional training program, or a vocational training program at the secondary school level offered in Quebec, of a duration of 6 months or more in both cases, that leads to a degree, diploma or certificate\nOff-campus work hours public policy and study permit extensions\nIf the international student’s application for a study permit extension was received by IRCC on or before December 7, 2023 , and the application is approved, they may work more than 20 hours per week under the public policy until the study permit extension expires, or until April 30, 2024, whichever comes first.\nIf the international student’s application for a study permit extension was received by IRCC after December 7, 2023 , they may work more than 20 hours per week under the public policy until the expiry date of the study permit they applied to extend, or until April 30, 2024, whichever comes first.\nOff-campus work hours public policy and co-op work permits\nStudy permit holders with an upcoming co-op placement\nIf the student is eligible for this public policy for part or all of the period it is in effect (January 1, 2024, to April 30, 2024), they may not need to apply for a co-op work permit.\nA student does not need to apply for a co-op work permit if they meet both of the following criteria:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Off-campus work hours: Temporary public policy (part 4 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/campus-work.html" + }, + { + "id": "pdi-tr-92-2-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Off-campus work — Off-campus work hours: Temporary public policy", + "marginal_note": "Off-campus work hours: Temporary public policy", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The entire co-op placement takes place between January 1, 2024, and April 30, 2024.\nThe student is eligible for the off-campus work hours public policy for the entire period of the co-op placement.\nIf the student does not meet both of the above criteria, they will need to apply for a co-op work permit.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Off-campus work hours: Temporary public policy (part 5 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/campus-work.html" + }, + { + "id": "pdi-tr-92-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Off-campus work — Eligibility requirements", + "marginal_note": "Eligibility requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "International students can work off campus without a work permit, provided that all of the following statements are true:\nThey hold a valid study permit.\nThey are full-time students enrolled at a designated learning institution (DLI) .\nThe program in which they are enrolled is a post-secondary academic, vocational or professional training program, or a vocational training program at the secondary level offered in Quebec.\nThe program of study is at least 6 months in duration and leads to a degree, diploma or certificate.\nNote: The eligibility requirements for the Post-Graduation Work Permit Program (PGWPP) differ from off-campus work eligibility requirements. Please see the PGWPP page for more information.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility requirements", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/campus-work.html" + }, + { + "id": "pdi-tr-92-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Off-campus work — Definitions", + "marginal_note": "Definitions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Academic program: A post-secondary program that awards academic credentials to persons for whom the normal entrance requirement is high school completion or higher. This program is often delivered at institutions that award an academic degree, diploma or certificate, such as any of the following:\nuniversities\ncolleges\nCEGEPs\nseminaries\ninstitutes of technology\nProfessional training: A type of training usually offered to a person who is already a professional in a given field. Professional development is generally “accredited”; that is, it is recognized by an industry, association or profession. Professional training can be offered by learning institutions or professional associations, regulatory bodies or unions (for example, real estate appraisal, production and inventory control, food services management or specialty courses for lawyers, doctors, accountants, business administrators, engineers, dentists, teachers and counsellors).\nVocational training: A preparation for a specific occupation in an industry or a trade that is generally “accredited”. It may be offered through on-the-job programs, by unions in conjunction with businesses or employers or by learning institutions in conjunction with a specific industry or employer. This training may include any of the following:\ntechnical training\norganizational training\nbasic skills training\nRegularly scheduled break: To be considered a regularly scheduled break, the break must be part of the DLI’s academic calendar (for instance, winter and summer holidays, Reading Week). Each regularly scheduled break should not be longer than 150 days. The maximum cumulative duration of scheduled breaks is 180 days per calendar year.\nOff campus: Any location outside the boundaries of the campus of the educational institution at which the student is registered.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Definitions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/campus-work.html" + }, + { + "id": "pdi-tr-92-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Off-campus work — Ineligible programs of study", + "marginal_note": "Ineligible programs of study", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Students are not eligible for the off-campus work permit program if either of the following applies:\nthey are registered in a general interest program of study that does not meet the definition of an academic, professional or vocational training program as defined above (for instance, ESL/FSL courses for self-improvement)\nthey are undertaking a course or program of study that is a prerequisite to their enrolment at a DLI\nNote: Students who are enrolled in a program of study that meets the definition of an academic, professional or vocational training program and who are undertaking the ESL/FSL component simultaneously may be eligible to work off campus pursuant to paragraph R186(v) of the Immigration and Refugee Protection Regulations (IRPR).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Ineligible programs of study", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/campus-work.html" + }, + { + "id": "pdi-tr-92-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Off-campus work — Full-time status", + "marginal_note": "Full-time status", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "DLIs set the number of hours and credits toward a degree, diploma or certificate that are required for a student to hold full-time status. Officers will defer to DLIs on the determination of a student’s status.\nStudents must stop working off campus as soon as their full-time status becomes part-time during a regular academic session (for instance, a student may begin a regular academic session on a full-time basis and become part-time during the same session as they drop courses). In this case, they are no longer authorized to undertake off-campus work.\nCo-op students\nIf the DLI considers a co-op student with a co-op work permit to have full-time status during the “work experience” portion of their program, and if the student continues to comply with the eligibility requirements under the co-op work permit program, the student may be eligible to work off campus, pursuant to paragraph R186(v) , on top of their co-op work hours.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Full-time status", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/campus-work.html" + }, + { + "id": "pdi-tr-92-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Off-campus work — Conditions for work", + "marginal_note": "Conditions for work", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Maximum working hours permitted\nStudents eligible to work under paragraph  R186(v) can do the following:\nwork up to 24 hours per week during academic sessions once they have commenced their program of study\nwork full time during regularly scheduled breaks between academic sessions regardless of their course load\nStudents may not work until they have commenced their program of study. They must actually commence studies in Canada at a DLI before being eligible to work off campus.\nIntensive programs\nSome intensive programs may not have regularly scheduled breaks. Students participating in such programs may work a maximum of 24 hours per week during the entire program of study.\nFull-time students with a part-time course load in their final academic session\nStudents who have maintained full-time status for the duration of their program of study, and who only require a part-time course load in their final academic session in order to complete their program of study, are allowed to work full-time during the regularly scheduled break before their last semester and are allowed to work off campus up to 24 hours per week during their final academic session.\nWorking on campus in addition to working off campus\nThere are no restrictions on the number of hours students can work on campus [as per R186(f)] in addition to working off campus, provided they continue to meet the applicable eligibility requirements.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Conditions for work", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/campus-work.html" + }, + { + "id": "pdi-tr-92-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Off-campus work — Regularly scheduled breaks", + "marginal_note": "Regularly scheduled breaks", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In order to work off campus without a work permit under paragraph R186(v), students must hold full-time status during the academic session before and after their regularly scheduled break. See the regularly scheduled break section under Definitions .\nMaximum duration of a regularly scheduled break\nIf an institution allows for back-to-back scheduled breaks, thus creating a break period longer than 150 consecutive days, students are only eligible to work off campus during the first 150 consecutive days. They cannot work for the entire break if it is longer than 150 consecutive days.\nTaking into account all regularly scheduled breaks, students may only work off campus on a full-time basis for a total of 180 days during each calendar year.\nFull-time or part-time course load during a regularly scheduled break\nStudents who are enrolled full time during the academic sessions before and after a regularly scheduled break and who decide to undertake a full-time or part-time course load during that regularly scheduled break are eligible to work off campus on a full-time basis. If a program of study does not provide for a regularly scheduled break and a student creates their own break in a program, it is considered a leave from studies, rather than a regularly scheduled break. Students who create their own break in a program are not eligible to work on or off campus during that break.\nLabour actions\nInternational students who are unable to fulfil their conditions as temporary residents due to circumstances entirely beyond their control (for instance, a school strike) during a regular academic session can, if they are eligible, still only work part time (up to 24 hours a week) off campus. In the event that a DLI goes on strike during a regularly scheduled break, international students who are eligible to work off campus may work full time only during the period that constitutes the regularly scheduled break.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Regularly scheduled breaks", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/campus-work.html" + }, + { + "id": "pdi-tr-92-9-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Off-campus work — Off-campus work and completion of a program of studies", + "marginal_note": "Off-campus work and completion of a program of studies", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Students who have not applied for a subsequent study or work permit or a program of study\nStudents may work off campus on a part-time basis if the following applies:\nthey meet the eligibility criteria to work off campus [ R186(v) ]\nthey have completed the final academic requirements for their program of study but have not yet received written confirmation of program completion from their institution (for instance, a transcript, an official letter or an email)\nthey have not applied for a work permit (for instance, a post-graduation work permit or a work permit with a valid Labour Market Impact Assessment) or a study permit extension or enrolled in a subsequent program of study\nThey may work until the first date they receive written confirmation of program completion from their educational institution (for instance, an email, a letter, a transcript or a diploma), provided their study permit remains valid during this period. If the study permit becomes invalid [as per R222] before the student receives the notification of program completion from their institution, the student must cease working the day the study permit becomes invalid.\nOnce a student receives written confirmation of program completion from their institution, they are no longer authorized to continue to work in Canada, as they no longer meet the eligibility criteria in paragraph R186(v). They should apply to change their status (for instance, to visitor status ) or leave Canada before their study permit becomes invalid as per section R222 .\nStudents who have completed a program of study and will be starting a new program of study within 150 days of receiving a written confirmation of program completion from their current institution", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Off-campus work and completion of a program of studies (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/campus-work.html" + }, + { + "id": "pdi-tr-92-9-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Off-campus work — Off-campus work and completion of a program of studies", + "marginal_note": "Off-campus work and completion of a program of studies", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Students may work off campus on a full-time basis until the start of their new program if the following applies:\nthey meet the eligibility criteria to work off campus [ R186(v) ]\nthey have received written confirmation of program completion from their current institution (for instance, a transcript or an official letter)\nthey have submitted an application to change conditions, extend their stay or remain in Canada as a student before their current study permit expired, or they still have a valid study permit\nthey have been issued a letter of acceptance to a subsequent program of full-time study at a DLI and will be starting the new program within 150 calendar days of receiving a notification of program completion from their current institution\nIf the new program of study starts more than 150 calendar days after the first date they receive written confirmation of program completion from their current institution, the student is eligible to work off campus only during the first 150 consecutive days after the first date they receive written confirmation of program completion. They should then either apply to change their status (for instance, change it into visitor status ) or leave Canada until their new program commences.\nStudents who have applied to extend their stay in Canada as a student are required to cease working if their study permit application is refused.\nReminder: When students transfer from one DLI to another, they must update their DLI number in their My Account immediately. When students transfer from one program of study to another at the same DLI, they are not required to notify Immigration, Refugees and Citizenship Canada.\nNon-compliance", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Off-campus work and completion of a program of studies (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/campus-work.html" + }, + { + "id": "pdi-tr-92-9-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Off-campus work — Off-campus work and completion of a program of studies", + "marginal_note": "Off-campus work and completion of a program of studies", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Non-compliance with study permit conditions or the act of working without authorization may result in enforcement action. It may also negatively affect future applications made under the Immigration and Refugee Protection Act and the IRPR. For example, a subsequent study permit or work permit may not be issued.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Off-campus work and completion of a program of studies (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/campus-work.html" + }, + { + "id": "pdi-tr-93-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – International Mobility Prog", + "marginal_note": "Post-graduation work permit (PGWP) [R205(c) - C43] – International Mobility Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nAs of November 1, 2024, eligibility criteria will be dependent on when the student submitted their study permit application and when they applied for their post-graduation work permit (PGWP), with the exception of flight school graduates, whose eligibility criteria remain unchanged. The changes include language proficiency requirements and, in some cases, requirements based on field of study.\nIn these instructions, the term “officers” refers to employees of both Immigration, Refugees and Citizenship Canada and the Canada Border Services Agency.\nThe instructions on this page should be reviewed with the following:\nOpen work permit – General processing and issuance\nConditions and validity period on work permits\nThe Minister designated as necessary the work performed by foreign nationals who have graduated from an eligible program and designated learning institution in Canada for public policy reasons related to the competitiveness of Canada’s academic institutions or economy, under subparagraph 205(c)(ii) of the Immigration and Refugee Protection Regulations (IRPR), administrative code C43 .\nThe PGWP category allows students to apply for an open work permit to gain valuable Canadian work experience if they\nhave graduated from an eligible Canadian designated learning institution (DLI) and\nmeet the specific requirements of the category", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Post-graduation work permit (PGWP) [R205(c) - C43] – International Mobility Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Receipt of application – 180-day time period\nPlace of application\nEligibility\nAdditional eligibility criteria for PGWP applications\nLanguage requirement\nField-of-study requirement\nIneligible applicants\nCurriculum licensing agreements\nSpecial measures – Part-time status between January 1, 2020, and August 31, 2020\nSpecial measures for study outside Canada between March 1, 2020, and August 31, 2024\nDocumentary evidence\nProof of language proficiency\nApplicants studying in Quebec\nApplication assessment\nFull-time studies\nPart-time status for final academic session\nApplicants impacted by a DLI strike or unforeseen closure\nLeave from studies\nMajority of studies in person in Canada\nCompleted eligible program at an eligible DLI\nProgram stacking\nTransfers between educational institutions\nPrograms with an overseas component\nDLIs that lose their designation\nFlight school graduates\nGraduates of vocational and professional training programs in Quebec\nProcedures\nFinal decision\nApproval\nDetermining the PGWP validity\nPassport validity\nProgram length\nAccelerated studies\nDetermining the validity period in light of distance or online learning\nRefusals\nFamily members of post-graduation work permit holders", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Receipt of application – 180-day time period", + "marginal_note": "Receipt of application – 180-day time period", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The PGWP application must be received within 180 days of the foreign national obtaining written confirmation from the DLI indicating that they have met the requirements for completing their program of study.\nCalculation of the 180 days begins on the earliest of either\nthe day the final marks for the program were issued\nthe day the applicant receives formal written notification that they have completed the program\nThe applicant should provide proof of the date they receive the official letter of completion or copy of their transcript.\nthe day the credential (diploma, certificate, etc.) for the program was issued", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Receipt of application – 180-day time period", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Place of application", + "marginal_note": "Place of application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Foreign nationals may apply for a work permit in the post-graduation category\nin Canada, if eligible (section R199) or\noutside Canada (section R197)\nImportant: As of June 21, 2024, foreign nationals seeking a PGWP are no longer able to apply at a port of entry (POE) as a result of new ministerial instructions .\nIn Canada – study permit is valid\nStudy permits are generally issued for 90 days longer than the expected end date of the program. However, international students are provided 180 days from the completion of their studies to apply for a PGWP.\nApplicants may apply for a PGWP from within Canada if their study permit is still valid (not expired) or if they meet one of the other requirements of section R199 at the time they submit their application.\nApplicants who apply for their PGWP while their study permit remains valid may be authorized to work without a permit pending a decision on the work permit application under paragraph R186(w). They are not authorized to work under R186(w) if their study permit is invalid or expired when they apply for their PGWP.\nImportant: If a foreign national has submitted an application to extend their study permit and they have authorization to study under section R189, section R199 does not apply to them, and they must wait until their new study permit is received in order to be eligible under R199.\nIn Canada – study permit becomes invalid or is expired", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Place of application (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Place of application", + "marginal_note": "Place of application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applicants whose study permit becomes invalid or expires before they apply for a PGWP may not be eligible to apply from in Canada because they would no longer meet the requirements of section R199, even if they have maintained their temporary resident status as a visitor. In these cases, the applicant must submit their PGWP application under section R197 for processing outside Canada.\nHowever, if the applicant is eligible for restoration under section R182, they can restore their status as a temporary resident with authorization to study by applying for a study permit. They must meet all the regular study permit requirements, including that they hold a valid letter of acceptance from the DLI where they intend to study. They may also concurrently submit a PGWP application.\nIf the study permit is approved and issued, then the requirement of section R199 for the submission of the work permit application in Canada would be met. Therefore, the concurrent work permit application can be processed.\nPort of entry\nIn accordance with the ministerial instructions that took effect on June 21, 2024, border services officers are not to process PGWP applications made on entry to Canada.\nNote: An application made outside Canada that has received preliminary approval for which the applicant has been issued a letter of introduction is to be finalized and the work permit is to be issued at the port of entry.\nOutside Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Place of application (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Place of application", + "marginal_note": "Place of application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "An applicant who no longer has the ability to apply for a work permit in Canada in accordance with section R199, may submit their application electronically for processing outside of Canada under section R197. They may remain in Canada as long as they maintain their temporary resident status, or they may leave Canada and wait for a decision on their PGWP application. Applicants must meet the eligibility criteria for the category and apply within the 180 days from the completion of their studies.\nNote: An applicant may electronically submit an application under section R197 (outside Canada) while they physically remain in Canada. They must maintain their status as a visitor until they receive the actual work permit. However, they are not eligible to work, in accordance with paragraph R186(w) , while waiting for a decision on their PGWP application.\nIn addition, after receiving provisional approval, they will have to leave and re-enter Canada to be examined and issued any provisionally approved work permit. As per measures implemented by the CBSA on December 24, 2024, letter of introduction holders will be unable to receive their work permit at a port of entry if they are attempting re-entry from the US or St. Pierre and Miquelon, unless they meet one of the stated exemptions. For more information on who may apply for a work permit at a port of entry, see: Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP): Persons who may apply at a port of entry", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Place of application (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To obtain a PGWP, on the date of application receipt by IRCC, the applicant must meet the applicable criteria below.\nA PGWP applicant must\nhave not previously held an open work permit issued under subparagraph R205(c)(ii), administrative code C43 – post-graduation work permit category\nhave had authorization to study in Canada within 180 days of receiving written confirmation from their DLI that they had completed their program when applying for a PGWP\nhave graduated from an eligible designated learning institution (DLI) and program\nPrograms delivered on behalf of a PGWP-eligible institution through a curriculum licensing agreement, are not eligible unless the enrolment timeline meets the criteria for one of the exceptions below.\nhave completed an eligible academic, vocational or professional training program in Canada that was a minimum of 8 months in duration and led to a degree, diploma or certificate\nhave maintained full-time student status in Canada during each academic session of the program or programs completed, with exceptions made only for the following:\nleave from studies\nfinal academic session\nspecial measures between January 1, 2020, and August 31, 2020\nspecial measures between March 1, 2020, and August 31, 2024\nhave received written confirmation of completion of their program of study from the eligible DLI\nhave met the additional language and field of study requirements, if applicable (see: Additional eligibility criteria for PGWP applications )\nAdditional eligibility criteria for PGWP applications\nLanguage requirement\nFor PGWP applications submitted on or after November 1, 2024, applicants must", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility (part 1 of 8)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "demonstrate they meet the minimum language level in the Canadian Language Benchmarks (CLB) in English or the Niveaux de compétence linguistique canadiens (NCLC) in French for each of the 4 language skill areas (speaking; listening; reading; writing)\nA minimum of CLB 7 in English or NCLC 7 in French is required for:\nall graduates of degree-granting programs of study (that is, bachelor’s, master’s or doctoral degree) from a PGWP-eligible DLI ( see Note below )\ngraduates from university programs of study that do not result in a degree\nA minimum of CLB 5 in English or NCLC 5 in French is required for:\ngraduates from any other college program or non-university program of study that does not result in a bachelor’s, master’s or doctoral degree\nNote : As of March 11, 2025, non-university graduates from programs resulting in a bachelor’s, master’s or doctoral degree must meet the same language requirements as university graduates. Non-university graduates from degree-granting programs who apply for a PGWP on or after November 1, 2024 and before March 11, 2025 only need to meet a minimum of CLB 5 English or NCLC 5 in French.\nApplicants are exempt from the language requirement in the following situations:\nThey applied for their PGWP before November 1, 2024\nThey graduated from a flight school\nThey are applying to extend their PGWP, and\ntheir initial PGWP could not be issued for the full eligible validity due to their passport validity (see: Passport validity for details on PGWP extension applications) or\nthey are applying to change the conditions on their PGWP (for example, medical conditions for occupation-restricted work permits)\nField-of-study requirement\nPGWP applicants must complete a program of study in an eligible field of study if they:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility (part 2 of 8)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-4-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "graduated from a program that does not result in a bachelor’s, master’s or doctoral degree\nOfficers must consult the eligible field-of-study list to determine eligibility.\nThe eligible field-of-study list may be subject to change. To ensure fairness for students, their PGWP eligibility is determined based on the list of eligible fields of study when they applied for their study permit or when they applied for their PGWP . If the program was in an eligible field-of-study on the date they submitted the study permit application, applicants may complete that program and remain eligible for a PGWP even if that field-of-study becomes ineligible by the time they apply for a PGWP.\nNote : A student who obtained a bachelor’s degree from a university through a pathway program between two different types of DLIs (for example, college to university) can follow the PGWP eligibility rules that are associated with acquiring a credential from a bachelor’s degree program.\nPGWP applicants are exempt from the above field-of-study requirement in the following situations:\nThey applied for their PGWP before November 1, 2024\nThey graduated from a bachelor’s, master’s or doctorate degree program from a PGWP-eligible DLI\nThey graduated from a flight school\nThey applied for their study permit before November 1, 2024\nThis includes applicants who may apply for a study permit extension on or after November 1, 2024 to complete their studies, regardless of the field-of-study they had on the initial study permit.\nNote : PGWP applicants who may have held a study permit prior to November 1, 2024 and submit a new study permit application on or after November 1, 2024, would not meet this exemption from the field-of-study requirement.\nIneligible applicants", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility (part 3 of 8)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-4-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Foreign nationals who studied at a DLI are ineligible if they\nare submitting their application at a port of entry on arrival in Canada\nhave previously been issued a PGWP\ncompleted more than 50% of the credits toward the completion of their program of study by distance learning\nVarious special measures related to distance learning were implemented between  March 1, 2020, and August 31, 2024 .\ncompleted only\na course or program of study on English or French as a second language\ngeneral interest or self-improvement courses\nhave received funding or a scholarship from Global Affairs Canada that specifies the requirement for recipients to return to their home country after graduation\ncompleted a program of study delivered by a non-Canadian institution located in Canada, regardless of their length of stay in Canada\ncompleted a course or program of study at a DLI that is not PGWP-eligible\nThis includes programs delivered by a private career college, or on behalf of a PGWP-eligible institution through a  curriculum licensing agreement , unless the applicant meets the criteria for one of the exceptions below.\nCurriculum licensing agreements\nCurriculum licensing agreements allow students to graduate from a program that was delivered by a private career college on behalf of a public PGWP-eligible institution. These programs are not PGWP-eligible unless a student meets the criteria for one of the exceptions below:\nException 1 : Curriculum licensing agreements between provinces and territories (cross-jurisdictional)\nStudents who began a program of study at a private college being delivered on behalf of a public college in another province/territory on or before January 31, 2023, may be eligible for a PGWP. They must also meet all other PGWP eligibility criteria.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility (part 4 of 8)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-4-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For example, a student enrolled in a cross-jurisdictional curriculum program on September 1, 2022, and finalized their program in May 2024. They would remain eligible for a PGWP because they were enrolled before January 31, 2023.\nStudents who have completed their cross-jurisdictional program and submitted an application for a PGWP on or before January 31, 2023, continue to be eligible if they also meet all other PGWP eligibility criteria.\nFor example, a student completed their program under a cross-jurisdictional curriculum program on October 31, 2022. They must have applied for their PGWP on or before January 31, 2023, to be eligible.\nStudents beginning these cross-jurisdictional programs on or after February 1, 2023, are not eligible for a PGWP.\nException 2 : Curriculum licensing agreements in the same province or territory\nStudents who began a program of study at a private college being delivered on behalf of a public college in the same province before May 15, 2024, may be eligible for a PGWP. They must also meet all other program PGWP eligibility criteria.\nFor example, a student who began a program of study under a curriculum licensing agreement program on May 14, 2024, may be eligible for a PGWP.\nNo exceptions : Students beginning curriculum licensing agreement programs on or after May 15, 2024 , will not be eligible for a PGWP.\nThere are now distinct DLI numbers for private career college programs delivered as part of a curriculum licensing agreement. The DLI and program should be reviewed to ensure the applicant is eligible for a PGWP.\nOfficers have the discretion to request additional documentation, if needed, in support of the applicant’s attendance in an eligible DLI or program of study.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility (part 5 of 8)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-4-p6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Special measures – Part-time status between January 1, 2020, and August 31, 2020\nStudents in Canada or outside Canada may have been required to put their studies on hold or become part-time students due to course cancellations that were the result of public health measures at DLIs. For the winter, spring and summer semesters of 2020 only (that is, between January 1, 2020, and August 31, 2020), if a student’s status changed from full-time to part-time because of changes in course delivery at a DLI, their eligibility for a PGWP will not be impacted.\nSpecial measures for study outside Canada between March 1, 2020, and August 31, 2024\nSpecial measures were put in place to facilitate students who were unable to study in Canada as a result of travel restrictions. Details are provided for the different requirements for these special measures between March 1, 2020, and August 31, 2024.\nSpecial measures between March 1, 2020, and August 31, 2022\nThe requirement that applicants must complete the majority of their studies in person while in Canada is waived for any foreign national who\nwas in one of the following situations\nhad a valid study permit\nwas approved for a study permit\nhad submitted a study permit application before beginning their program online that eventually received a positive final decision\nbetween March 1, 2020, and August 31, 2022, they\nwere enrolled in a PGWP-eligible program\nstarted a PGWP-eligible program\napplied for a work permit in the post-graduation category within 180 days of completing their PGWP-eligible program\nSpecial measures between September 1, 2022, and August 31, 2024", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility (part 6 of 8)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-4-p7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "On September 1, 2022, as there were no further travel restrictions, the special measures were changed. The “reduced facilitation measures” were in effect between September 1, 2022, and August 31, 2024, for international students who began PGWP-eligible programs between those dates.\nTo be eligible for the facilitation measures in the validity period, these students must meet one of the following requirements:\nhave a valid study permit or\nhave been approved for a study permit and have yet to arrive in Canada between the dates or\nhave submitted a study permit application before beginning their program that was approved before August 31, 2024\nAll students who started a program of study between September 1, 2022, and August 31, 2024, are required to complete at least 50% of their program (or programs) of study in Canada .\nFor the above group of students, time spent studying outside Canada will be counted toward the overall length of the PGWP only if it constitutes less than 50% of the program.\nNote: A study permit application must be received before any time spent studying at a DLI while physically outside Canada counts toward the length of the PGWP. For clarity, any studies an applicant started before IRCC received a study permit application do not count.\nFor example, eligible programs must be a minimum of 8 months. If the applicant completes only 7 months of studies after their study permit application is received, they will not be eligible for a PGWP.\nStudents who graduate while outside Canada and meet the eligibility requirements of the reduced facilitation measures described above do not need to hold or to have held a valid study permit within 180 days of receiving confirmation of program completion when applying for a PGWP. To be eligible to apply, these graduates", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility (part 7 of 8)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-4-p8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "must either have a study permit or have held a study permit and\nmust apply within 180 days of receiving written notification from their DLI that they completed their program\nUp to 100% of their program can be completed online while outside Canada.\nNote: The “hold authority to study in the 180 days from receiving confirmation of program completion when applying for a PGWP” requirement is waived for students who graduate while outside Canada but met the eligibility requirements of these special measures. However, they must have applied for a study permit before completing their studies and received approval for the study permit before applying for a PGWP.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility (part 8 of 8)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Documentary evidence", + "marginal_note": "Documentary evidence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers should be satisfied that they have sufficient evidence of all of the following to decide if eligibility criteria are met:\nevidence that the program or programs of study have been completed, in the form of one of the following documents:\nan official letter from the applicant’s DLI confirming that they have met the requirements to complete their program of study\nan official transcript issued by their DLI\na transcript copy from their DLI’s website\nan education credential from the DLI\nevidence that the applicant was enrolled in full-time studies in a program of study that was 8 months or longer, which will generally be their list of classes and marks in the form of\nan official transcript issued by their DLI\na transcript copy from their DLI’s website\nif applicable, evidence that the applicant has completed a program in an eligible field of study\nFor details on who must complete a program in an eligible field of study, see: Field-of-study requirement\nNote : The field-of-study requirement is based on Classification of Instructional Programs (CIP) system codes. To demonstrate meeting the field of study requirement, a CIP from the PGWP-eligible field-of-study list should be provided on official documentation by the DLI, such as the letter of completion. To meet this requirement, the CIP should be on the PGWP-eligible list at the time of the study permit application or PGWP application. However, if it is missing from official documentation by the DLI, applicants are encouraged to include the eligible CIP code along with an explanation of how they meet the CIP code relating to their field of study.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documentary evidence (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Documentary evidence", + "marginal_note": "Documentary evidence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "for PGWP applications submitted on or after November 1, 2024 (unless exempt ), evidence demonstrating that they meet the minimum language level in the CLB in English or the NCLC in French for each of the 4 language skill areas (reading, writing, listening and speaking), as per the eligibility requirements\nSee Proof of language proficiency for further details.\nThe transcript or the letter of completion of studies can be used on its own to assess the requirements referred to above if the applicant provides all the information needed. For example, if the letter of completion indicates the program details—that the applicant attended full-time (except in their final term) and completed the program—then a copy of the transcript would not be required. However, if the evidence provided is insufficient to satisfy the officer that the eligibility criteria are met, the officer can request additional documents before making the final decision.\nProof of language proficiency\nLanguage test results provided as proof of language proficiency must be:\nfrom an IRCC-approved test\nless than 2 years old on the date of PGWP application\nIf the applicant is unable to complete all sections of the language test due to disability\nIf an applicant is unable to be tested in all 4 skill areas, IRCC exempts applicants from providing evaluation results in up to 3 of the 4 language skill areas. Instead, IRCC will accept averaged scores using the language calculator tool that is used for permanent resident purposes. The language evaluation results, both those that could be completed and the averaged scores, must be considered in the same manner as any other language evaluation results.\nApplicants studying in Quebec", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documentary evidence (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-5-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Documentary evidence", + "marginal_note": "Documentary evidence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Foreign nationals who study in Quebec are not required to have a valid Quebec Acceptance Certificate (CAQ) when submitting a PGWP application. As the PGWP is an open work permit and is exempt from a labour market impact assessment, a valid CAQ or study permit is not required when the PGWP is issued.\nIf foreign nationals are applying for a PGWP and their study permit has expired, they can apply to restore their status as a student without a CAQ and apply for the PGWP at the same time; the CAQ is not required for the PGWP.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documentary evidence (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-6-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Full-time studies\nOfficers can review the transcripts to confirm that the applicant was enrolled in full-time studies in their program. The term “full-time” is defined by the individual DLI.\nThere are specific situations where an applicant may not be attending full-time classes but will still be eligible for a PGWP.\nNote : If an applicant studies part-time during regularly scheduled breaks (for example, regularly scheduled winter and summer breaks), this does not count toward a PGWP eligibility’s full-time requirement.\nPart-time status for final academic session\nApplicants must maintain full-time student status during each academic session of the program or programs of study they complete, and this status is required for their PGWP application. However, if the applicant meets all the eligibility requirements, with the exception of full-time status during their final academic session (that is, they have part-time status only in their final academic session), they are still considered eligible for the PGWP.\nA student’s final academic session is to be interpreted as any semester in which a student could complete their program of study. In cases where a student has part-time status in their final semester, but fails a course and needs to retake it to graduate, both semesters may be considered as a final academic session.\nStudents should be able to demonstrate that throughout their studies they have made reasonable progress toward the completion of their courses to remain compliant with their study permit conditions (for more information, see: Study permits: Assessing study permit conditions) .\nApplicants impacted by a DLI strike or unforeseen closure", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 1 of 9)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-6-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applicants who are impacted by a strike or unforeseen closure affecting a DLI in Canada are considered to be studying full-time during the strike or closure period. The period of time in which the students are not attending class due to a school strike does not impact their eligibility under the PGWP. Applicants impacted by a school strike or closure must meet all other eligibility requirements under the PGWP and must have remained compliant with the conditions of their study permit, as outlined in Assessing study permit conditions .\nAn example of an unforeseen closure could be that the DLI is affected by a wildfire or flood.\nLeave from studies\nIf the applicant remained in Canada while they were a student and took leave from their studies during their program, the officer must determine if the applicant was compliant with the conditions of their study permit, as outlined in Assessing study permit conditions . If the applicant took a period of leave that was authorized by their DLI at any time during their studies, they must include, with their application, documentation that proves the leave was authorized by the DLI. Officers may request additional documents to complete their assessment. To comply with subsection R220.1(1) , students must\nbe enrolled at a DLI\nremain enrolled at a DLI\nbe actively pursuing their course or program of study\nIf the officer determines that the applicant actively pursued studies during their leave, the applicant may still be eligible for the PGWP category.\nIf the officer determines that the applicant did not meet the conditions of their study permit, they may be prohibited from being issued a work permit for 6 months from the date they stopped their unauthorized study or work, as per subparagraph R200(3)(e)(i) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 2 of 9)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-6-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Majority of studies in person in Canada\nForeign nationals are required to complete the majority of their studies in person while in Canada with authority to study. Officers should be confirming that the applicant was physically in Canada and attending classes in person full-time.\nDistance or online learning\nDistance learning can be considered online learning, but applicants who complete a program of study exclusively by distance learning (outside or within Canada) are not eligible for a PGWP.\nImportant: Special measures were in place from March 1, 2020, to August 31, 2022, that allowed up to 100% of studies to be completed by distance learning due to the COVID-19 pandemic. Additional special measures were in place from September 1, 2022, to August 31, 2024. For more information: Special measures for study outside Canada between March 1, 2020, and August 31, 2024 .\nOfficers should use the following guidelines to assess an applicant’s PGWP eligibility when the applicant has taken courses by distance learning in Canada at an eligible DLI:\nIf more than 50% of the program of study’s total courses are completed by distance learning, the program may reasonably be considered a distance-learning program, and the applicant is ineligible for a PGWP.\nIf less than 50% of the program of study’s total courses are completed by distance learning, a PGWP may be issued. The validity should be based on the length of the program, as confirmed by the eligible DLI, including credits earned from both in-class and distance-learning courses.\nNote: If the distance-learning courses are completed from outside Canada, they must be excluded from the time that counts toward the length of the PGWP.\nDistance learning while in Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 3 of 9)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-6-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If a student’s courses were moved online due to the pandemic, the time the student spent studying online in Canada until August 31, 2024, still counts toward the length of the PGWP. However, students are highly recommended to attend in-class options when offered.\nThe temporary policy change for in Canada students studying online ended on August 31, 2024. For more information: Special measures for study outside Canada between March 1, 2020, and August 31, 2024 .\nCompleted eligible program at an eligible DLI\nOfficers should confirm that the applicant provided evidence that the program or programs of study taken met all of the criteria below. They were\na majority (50% or more) in person in Canada\na minimum of 8 months in duration\nat an eligible DLI, such as\na public post-secondary institution, such as\na college\na trade or technical school\na university\na Canadian, private institution authorized by provincial or territorial statute to confer degrees, and the applicant was enrolled in a program of study leading to a degree, such as\nan associate degree\na bachelor’s degree\na master’s degree\na doctoral degree\nNote: Not all programs of study offered by a private institution may be eligible.\nIn Quebec only, the following institutions are eligible:\nprivate post-secondary institutions that operate under the same rules and regulations as public institutions in Quebec\nprivate or public secondary or post-secondary institutions in Quebec offering qualifying programs of 900 hours or longer leading to\na diploma of vocational studies (DVS)\nan attestation of vocational specialization (AVS)\nCEGEPs (College of General and Professional Teaching)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 4 of 9)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-6-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "See the DLI list to verify the school’s eligibility. Beginning December 7, 2023, if a DLI’s program eligibility for the post-graduation work permit changes, the program will remain listed for a period of 12 months and will indicate that only applicants who completed the program before a specified date are eligible for the post-graduation work permit.\nProgram stacking\nProgram stacking is when students complete more than one PGWP-eligible program from a PGWP-eligible DLI. To qualify for program stacking in relation to PGWP duration, both PGWP-eligible programs must\nbe a minimum of 8 months in duration\nbe completed at a PGWP-eligible DLI\nThe second program must be completed within 2 years of the completion of the first program.\nExemption note: For distance learning facilitation measures to apply until August 31, 2024, eligible students must\nhave graduated from 2 eligible programs of study, where both programs were either in progress in March 2020 or were started between March 2020 and August 31, 2022\nhave completed 100% of both programs outside Canada and\nbe able to combine the length of their programs of study when they apply for a PGWP in the future\nStudents who started their second program on or after September 1, 2022, are not eligible for the special measures even if their first program was in progress in March 2020 or began between March 2020 and August 31, 2022.\nNote: For students taking vocational programs in Quebec , in order to qualify for program stacking in relation to PGWP duration, the diploma of vocational studies (DVS) program must be at least 900 hours in duration to be eligible, but an attestation of vocational specialization (AVS) program can be less than 900 hours in duration when submitted in combination with the DVS.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 5 of 9)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-6-p6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Program stacking for study permits obtained on or after November 1, 2024\nIf a student completes multiple programs, officers should assess each program separately against the applicable field-of-study requirements to determine whether each program is PGWP-eligible and qualifies for program stacking.\nExample 1 : Completing 2 PGWP-eligible programs\nOn or after November 1, 2024, if a student completes 2 consecutive programs that are PGWP-eligible within 2 years of completion of the first program, then when they apply for a PGWP, the duration of the PGWP could be based on the duration of both programs.\nExample 2 : Completing a first program that is not PGWP-eligible and a second one that is PGWP-eligible\nOn or after November 1, 2024, if a student completes 2 consecutive programs where the first is not PGWP-eligible, they would not benefit from program stacking when the duration of the PGWP is determined. The duration of the PGWP would be based only on the duration of the PGWP-eligible program.\nExample 3 : Completing a first PGWP-eligible program and a second one that is not PGWP-eligible\nOn or after November 1, 2024, if a student completes 2 consecutive programs where the first is PGWP-eligible, and the second is not, they would not benefit from program stacking when the duration of the PGWP is determined. The duration of the PGWP would be based on the duration of the PGWP-eligible program, and the applicant would have to apply for a PGWP within 180 days of receiving confirmation that they have completed the PGWP-eligible program.\nTransfers between educational institutions\nIn cases where a student has transferred between eligible DLIs , and taken PGWP-eligible programs at each, the combined length of study must be at least 8 months to qualify for a PGWP.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 6 of 9)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-6-p7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In cases where a student graduated from an eligible DLI after having transferred from an ineligible institution, only time spent at the eligible DLI counts to qualify for a PGWP. They must have spent at least 8 months at the eligible institution while taking a PGWP-eligible program.\nNote:  As of November 8, 2024, section R220.1(1)(a) requires that study permit holders be enrolled at the DLI named on their permit and, as per section  R217.1 , study permit holders in Canada whose permit names a DLI must apply for a new study permit if they wish to change DLIs. If the officer determines that a PGWP applicant did not meet the conditions of their study permit, they may be prohibited from being issued a work permit for 6 months from the date they stopped their unauthorized study or work, as per  subparagraph R200(3)(e)(i) .\nFor further information please see Study permits: Designated learning institutions .\nExample 1: Transferring from a foreign institution\nA student attends a foreign post-secondary institution and transfers to an accredited provincial or territorial post-secondary institution in Canada to complete their studies. In this scenario, if the qualifying educational credential were issued from an institution outside Canada, the student would not qualify for a PGWP. However, if the student received their educational credential from an eligible Canadian DLI, only the time they studied in Canada would factor into their eligibility for a PGWP.\nExample 2: Transferring from an ineligible institution", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 7 of 9)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-6-p8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A student attends their first year at a private post-secondary institution in Canada that is not eligible for the PGWP but then transfers to an eligible DLI. In this scenario, if the student completed their program of study at the eligible DLI, they may be eligible for a PGWP but only for the length of time they studied at the eligible DLI.\nExample 3: Transferring between eligible DLIs\nA student completes a program of study at an eligible DLI and transfers the credits earned to another eligible DLI (or transfers over the credits earned from a previous program at the same eligible DLI). A student who has changed DLIs will need to apply for a new study permit. The student may submit a letter of acceptance indicating that the credits earned in the first program have been accepted toward completing the subsequent program. The officer should consider all credits from both programs that contribute toward completing the subsequent program in determining PGWP eligibility and length. A PGWP is issued based on the completed duration of the program.\nPrograms with an overseas component\nIf a student completes a program of study in Canada that has an overseas component, they are eligible for the PGWP, as long as they earn a Canadian educational credential from an eligible DLI, in addition to meeting all other eligibility requirements. However, the length of the PGWP is based on the length of time they studied in Canada in a PGWP-eligible program. Officers may request this additional evidence to confirm that the studies have taken place in Canada.\nDLIs that lose their designation", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 8 of 9)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-6-p9", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Application assessment", + "marginal_note": "Application assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applicants whose DLI loses its designation status before the completion of their program may still be eligible for a PGWP as long as they began their studies before the DLI lost its designation and they continue to meet all other program requirements and have continued to meet the conditions of their study permit (for example, be enrolled and actively pursuing studies). See Study permits: Designated learning institutions for further guidance on when a DLI loses its designation.\nFlight school graduates\nTo obtain a PGWP, flight school graduates must submit clear evidence that they meet the basic requirements for a permit and have done either of the following:\nThey have completed a flight training course at a DLI training centre and obtained a Canadian commercial pilot’s licence.\nThey have obtained or are in the process of obtaining an instructor’s rating and have received an offer of employment as a flight instructor from a DLI flight training centre in Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Application assessment (part 9 of 9)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-7-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Graduates of vocational and professional training programs i", + "marginal_note": "Graduates of vocational and professional training programs in Quebec", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: The following procedures apply only to graduates of Quebec institutions with either\na diploma of vocational studies (DVS)\nan attestation of vocational specialization (AVS)\nSee the guidelines for determining the length of the post-graduation work permit (PGWP) for the validity periods of PGWPs issued to graduates of Quebec vocational programs.\nIn Quebec, vocational and professional training programs can be delivered at the secondary or post-secondary level. The provisions of the Canada–Quebec Memorandum of Understanding to facilitate the entry of certain temporary foreign workers outline when international students are eligible for a PGWP. To be eligible for a PGWP, the student must graduate from a recognized secondary institution in Quebec with one of the following diplomas:\nDVS\nAVS\nThe diploma must be issued by the Ministère de l’Éducation et de l’Enseignement supérieur (MEES) (Department of Education and Higher Education).\nProcedures\nNote: All of the general eligibility criteria, conditions of the work permit and processing procedures for the PGWP program apply in conjunction with the conditions below.\nEligible applicants\nApplicants who have graduated from Quebec vocational institutions with a DVS or an AVS must fulfill all of the following criteria:\nThey are 18 years of age or older at the time of application.\nThey have completed a full-time vocational or professional training program at an eligible institution in Quebec.\nThey have been in a program of study that was a minimum of 900 hours (equivalent to 8 months) in duration.\nThey have submitted an official letter from the institution outlining the duration of the program of study (in hours or months) to facilitate the processing and issuance of the PGWP and to confirm the duration of the work authorization.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Graduates of vocational and professional training programs in Quebec (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-7-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Graduates of vocational and professional training programs i", + "marginal_note": "Graduates of vocational and professional training programs in Quebec", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "They include one of the following in the work permit application:\nthe credential\nan official attestation of program completion\nan official transcript from a Quebec school board or private institution recognized by the MEES in support of the work permit application.\nEligible institutions\nOfficers should verify Quebec public and private secondary schools through Inforoute: Vocational and technical training in Quebec .\nNote: This website is operated by the MEES and Compétences Québec. It can be used to validate the following:\nschools\nprograms\nlength in hours\nresulting credential\nEligible applicants who have changed institutions during their training program must have a combined total of at least 900 hours (equivalent to 8 months) of courses at eligible institutions located in Quebec for it to be considered a PGWP-eligible program.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Graduates of vocational and professional training programs in Quebec (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-8-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Final decision", + "marginal_note": "Final decision", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Approval\nThe work permit will be issued under the authority of subparagraph R205(c)(ii), administrative code C43.\nIn the Global Case Management System (GCMS) under the Application screen, officers should enter or confirm the information below in the specified fields.\nField\nSelection or input\nCase type\n56 – Post-Graduation Work Permit\nProvince of destination\nUnknown\nCity of destination\nUnknown\nExemption code\nC43\nNOC\n99999\nIntended occupation\nOpen\nDuration\nValidity should be determined based on the instructions below.\nProcessing fees\nwork permit processing fee\nopen work permit holder fee\nSee Fee schedule for amounts.\nBiometrics\nbiometric fee (if applicable)\nDetermining the PGWP validity\nA work permit in the post-graduation category may be issued for a minimum of 8 months up to a maximum of 3 years.\nWhen determining the length of a PGWP, officers may consider the duration of the program of study in Canada and confirm it with  supporting documents . Regularly scheduled breaks (for example, scheduled winter and summer breaks) should be included in the time that counts toward the total validity period. Passport validity must be considered as well when determining the validity period of a work permit (see below).\nPassport validity\nThe validity period may not go beyond the applicant’s passport validity date. If the applicant’s passport expires before the validity period allowed based on the length of the applicant’s eligible program(s), the officer should note this reason in the User remarks field and in the Notes tab in the GCMS.\nIf this notation exists in the User remarks field or in the Notes tab, the applicant may apply for a work permit extension upon the renewal of their passport to receive the full validity of their PGWP.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Final decision (part 1 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-8-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Final decision", + "marginal_note": "Final decision", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "PGWPs can be extended  only  when the length of the permit could not be provided when the application was approved, due to the expiry date of the applicant’s passport.\nProgram length\nLength of the program(s) including Quebec vocational programs (diploma of college studies [DCS] or attestation of collegial studies [ACS])\nLength of Quebec vocational programs with a diploma of vocational studies (DVS) or attestation of vocational specialization (AVS)\nMaximum validity period\nThe length of the program of study is at least 8 months, but less than 2 years.\nThe length of the vocational program of study is at least 900 hours, but less than 1,800 hours.\nThe length of the work permit should coincide with the length of the program , as confirmed by the eligible designated learning institution (DLI) in the written confirmation of program completion (such as an official letter of completion or transcript).\nRegularly scheduled breaks (for example, regularly scheduled winter and summer breaks) should not be subtracted from the length of the PGWP.\nNote: For graduates with a DVS or AVS, a prorated calculation may be performed to determine the work permit length. Each additional 112 hours of an authorized program of study provides the applicant with an additional 1 month of work permit validity. Officers should round up to the next full month .\nNote: For applications received on or after February 15, 2024:  Officers may issue a 3-year PGWP to individuals who graduated from a degree-granting master’s level program of a duration of less than 2 years if that program is delivered by a PGWP-eligible DLI in Canada. Certificate and diploma programs at the graduate level are excluded from this measure.\nThe program of study is 2 years or longer.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Final decision (part 2 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-8-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Final decision", + "marginal_note": "Final decision", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The vocational program of study is 1,800 hours or longer.\nIf the length of the program is confirmed by the eligible DLI in the written confirmation of program completion (such as the official letter or transcript), the length of the work permit should be 3 years .\nRegularly scheduled breaks (for example, regularly scheduled winter and summer breaks) should not be subtracted from the length of the PGWP.\nThe student completed more than one program from an eligible DLI within 2 years.\nNote: Each program of study must meet all the eligibility requirements of the PGWP program and be at least 8 months in duration.\nThe student completed more than one DVS or a DVS and an AVS from an eligible DLI within 2 years.\nThe DVS program must be at least 900 hours in duration. The AVS program can be less than 900 hours in duration if submitted in combination with a DVS.\nThe length of the work permit is dependent on the eligibility of one or both programs. See Program stacking for details.\nIf the combined length of the eligible programs is 2 years or longer (or 1,800 hours or longer for a combination of a DVS with an AVS in Quebec), the work permit may be valid for up to 3 years provided that the DVS program in Quebec is at least 900 hours in duration.\nAccelerated studies\nIf the applicant completed their studies in less time than the normal length of the program (that is, they have accelerated their studies), the PGWP should be assessed on the length of the program, not the length of studies.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Final decision (part 3 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-8-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Final decision", + "marginal_note": "Final decision", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For example, if the student is enrolled in a program of study that normally consists of 3 semesters within a 1-year duration, but the student completes the requirements of the program of study within 2 semesters, that is, within 8 months, they may be eligible for a PGWP that is valid up to 1 year (or up to 3 years, if the student completed a degree-granting master’s level program).\nImportant:  If the officer notes that the duration of studies was shorter than the duration of the program, as indicated in the letter confirming the completion of the program of study, and the program was not completed in an accelerated form, the PGWP may be issued according to the duration of studies. For example, if the applicant took classes for a period of 12 months, not in an accelerated form, but their classes were part of a 2-year program, the PGWP may be issued for 12 months, according to the duration of their studies.\nOfficers may request additional information to determine whether the program was completed in an accelerated form.\nDetermining the validity period in light of distance or online learning\nIf less than 50% of the program of study’s total courses are completed by distance learning the validity period should be based on the length of the program, as confirmed by the eligible DLI, including credits earned from both in-class and distance-learning courses.\nIf the distance-learning courses are completed while the applicant is outside Canada, those courses must be excluded from the time that counts toward the length of the PGWP, unless the student is eligible under the special measures related to distance-learning (see: Special measures for study outside Canada between March 1, 2020, and August 31, 2024 ).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Final decision (part 4 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-8-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Final decision", + "marginal_note": "Final decision", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For further guidance regarding distance or online learning, see: Majority of studies in person in Canada\nRefusals\nWhen officers are not satisfied that the specific eligibility factors for this administrative code are met, they need to clearly document their reasons in the refusal note.\nA decision is reasonable when the reviewing court is able to trace the decision maker’s rationale without encountering fatal flaws in the overarching logic and is satisfied that there is a line of analysis within the given reasons that could lead the tribunal from the evidence before it to the decision maker’s conclusion.\nThe officer needs to engage with the documentary evidence that was provided by the applicant. Simply stating, “I have reviewed the submissions, and I am not satisfied that section R205 is met”, is not sufficient for another reasonable person to understand the logic of the decision without reviewing all of the evidence again.\nIn order to reduce the possibility of litigation on the refusal, officers should follow the steps in  Decision making: Standard of review and process for making a reasonable decision  when finalizing their refusal notes.\nThe officer should ensure that case notes in the GCMS are complete and accurate. The officer should have the following components in their decision note:\nsummary of facts or evidence\noutline the circumstances of the application and the requirements to be met\ninclude a brief summary of evidence provided\nanalysis\noutline the process followed in coming to or making the decision\ntake into account any representations made by interested persons (or counsel) and make note of the nature and content of these representations\nconclusion\ndetail the reasons for the refusal", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Final decision (part 5 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-8-p6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Final decision", + "marginal_note": "Final decision", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The grounds in the refusal letter should reflect what the officer has stated in their notes.\nWork permits shall be issued if all of the requirements stated in  section R200  are met. Therefore, refusal grounds should be linked to one of those requirements. Below is an example of the requirements:\nR200(1)(c)(ii) –  The applicant has not met the eligibility requirements of the International Mobility Program work permit category. Officers need to explain clearly what eligibility requirements were not met.\nExample 1  \nThe applicant graduated with a diploma from a college program that does not fall under one of the eligible fields of study and they applied for their initial study permit after November 1, 2024. The applicant does not meet the applicable field-of-study requirement that meets the criteria for work designated as necessary by the Minister under R205(c)(ii). Therefore, the PGWP application should be refused under subparagraph R200(1)(c)(ii), since their work is not described in section R205. \nExample 2\nThe applicant submitted their PGWP application after November 1, 2024. They have not provided language test results from an IRCC-approved test, nor have they provided a reasonable alternative to a standardized language proficiency assessment, that demonstrates that they meet the minimum language proficiency requirements of the work designated as necessary by the Minister under R205(c)(ii). Therefore, the PGWP application should be refused under subparagraph R200(1)(c)(ii), since their work is not described in section R205.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Final decision (part 6 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-8-p7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Final decision", + "marginal_note": "Final decision", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "PGWP applicants have been reminded in the guides and in client-facing web pages that they must submit proof of language proficiency . Applicants have been instructed of how to upload more than one document into a file and to upload proof of language proficiency under “Client Information.”", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Final decision (part 7 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-93-9", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Post-graduation work permit (PGWP) [R205(c) - C43] – Interna — Family members of post-graduation work permit holders", + "marginal_note": "Family members of post-graduation work permit holders", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Spouses and common-law partners of post-graduation work permit holders may be eligible to apply for an open work permit as a family member of a work permit holder .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Family members of post-graduation work permit holders", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html" + }, + { + "id": "pdi-tr-94-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Overview of work designated by the Minister [R205(c)(ii) – C16, C41, C42, C43, C", + "marginal_note": "Overview of work designated by the Minister [R205(c)(ii) – C16, C41, C42, C43, C44, C45, C46, C47, C48, C49, C52, C88] – Canadian interest – International Mobility Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe Minister has designated the following categories as necessary for public policy reasons related to the competitiveness of Canada’s academic institutions or economy under subparagraph 205(c)(ii) of the Immigration and Refugee Protection Regulations (IRPR) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Overview of work designated by the Minister [R205(c)(ii) – C16, C41, C42, C43, C44, C45, C46, C47, C48, C49, C52, C88] – Canadian interest – International Mobility Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html" + }, + { + "id": "pdi-tr-94-1-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Overview of work designated by the Minister [R205(c)(ii) – C — In this section", + "marginal_note": "In this section", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Francophone mobility – [R205(c) - C16] – Canadian interests – International Mobility Program\nFamily members of foreign workers\nFamily members of foreign nationals authorized to work in high-skilled occupations (TEER 0, 1, 2 or 3) – [C41 and C46]\nfor applications received before January 21, 2025, from family members of high-skilled workers\nfor applications received on or after January 21, 2025, from family members of certain high-skilled workers who are transitioning to permanent residence, but the application for permanent residence has not been submitted as yet\nfor in-Canada applicants only: applications received on or after January 21, 2025, from family members of workers applying for a work permit renewal with a requested duration that aligns with the principal foreign national’s existing work authorization\nSpouses or common-law partners of foreign nationals authorized to work in high-skilled occupations TEER 0 or 1, or select occupations TEER 2 or 3) – [C41]\nfor applications received on or after January 21, 2025\nFamily members of foreign nationals authorized to work in low skilled occupations (TEER 4 or 5) – [C47 and C48]\nfor applications received before January 21, 2025, from family members of low-skilled workers\nfor applications received on or after January 21, 2025, from family members of certain low-skilled workers who are transitioning to permanent residence but no application for permanent residence has been submitted as yet\nFor in-Canada applicants only: applications received on or after January 21, 2025, from family members of workers applying for a work permit renewal with a requested duration that aligns with the principal foreign national’s existing work authorization", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: In this section (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html" + }, + { + "id": "pdi-tr-94-1-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Overview of work designated by the Minister [R205(c)(ii) – C — In this section", + "marginal_note": "In this section", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Family members of work permit holders who are Economic Class permanent resident applicants or were nominated or selected by a province – [C49]\nFor applications received prior to January 21, 2025, or after that date\nSpouses and common-law partners of study permit holders – [C42]\nPost-graduation work permit (PGWP) – [C43]\nPost-doctoral fellows awarded a Doctor of Philosophy (PhD) – [C44]\nForeign medical (or dental) residents and medical research fellows - [C45]\nMedical residents\nMedical fellowship holders\nAcademic Award recipients for research work - [C52]\nAward recipients funded by Canadian institutions\nAward recipients funded by foreign institutions\nInnovation Stream pilot – Issuance of an LMIA-exempt employer-specific work permit for foreign nationals destined to work for a Global Hypergrowth Project (GHP) employer – [C88]", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: In this section (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html" + }, + { + "id": "pdi-tr-95-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing compliance with study permit conditions", + "marginal_note": "Study permits: Assessing compliance with study permit conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nUnder subsection 220.1(1) of the Immigration and Refugee Protection Regulations (IRPR) , study permit holders in Canada are subject to  both  of the following conditions:\nThey must enrol at a designated learning institution (DLI) that is named on their permit and remain enrolled at a DLI until they complete their studies.\nThey must actively pursue their course or program of study.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Study permits: Assessing compliance with study permit conditions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html" + }, + { + "id": "pdi-tr-95-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing compliance with study permit condit — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Assessment of study permit conditions\nEnrolment at a DLI\nStudy permit invalidation\nStudents who change DLIs without authorization\nStudents whose permit does not name a DLI\nChanging DLIs or programs of study\nActively pursuing studies\nFull-time and part-time studies\nProgress toward completion of courses\nLeave from studies\nMultiple leave periods\nDeferred enrolment\nDLI closures\nWorking during any leave from studies (on/off campus, co-op)\nEvidence of compliance\nNon-compliance\nExemptions to conditions", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html" + }, + { + "id": "pdi-tr-95-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing compliance with study permit condit — Assessment of study permit conditions", + "marginal_note": "Assessment of study permit conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers should exercise their judgment and take into account all relevant factors when assessing a student’s compliance with their study permit conditions.\nEnrolment at a DLI\nAs of November 8, 2024, a foreign national who applied for a study permit to attend a post-secondary institution must be enrolled at the DLI that is named on their permit and remain enrolled there until they complete their studies.\nFor more information on changing DLIs or on enrolment at DLIs that have either lost their designation status or have been placed on the suspension list, see Study permits: Designated learning institutions .\nStudy permit invalidation\nAs per subsection R222(1), a study permit will become invalid upon the first of the following days:\n90 days after the day the study permit holder completed their studies ;\na.1) The day on which the permit holder is no longer enrolled at the DLI named in their permit, other than as a result of completing their studies;\nThe day on which the permit is cancelled under section R222.7, R222.8 or R243.2 ; or\nThe day on which the permit expires .\nAs a result, study permit holders must ensure that they apply for a new study permit before their current study permit expires, according to the invalidity provisions. If a study permit holder continues to study, despite the previous permit’s invalidity, they are considered to be studying without authorization.\nStudents who change DLIs without authorization\nEffective November 8, 2024 , section R217.1 stipulates that study permit holders in Canada whose permit names a DLI must apply for a new study permit if they wish to change DLIs . This requirement applies to studies at a post-secondary DLI.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessment of study permit conditions (part 1 of 11)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html" + }, + { + "id": "pdi-tr-95-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing compliance with study permit condit — Assessment of study permit conditions", + "marginal_note": "Assessment of study permit conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As per paragraph R220.1(1)(a), study permit holders must adhere to the condition that they remain enrolled at the DLI named on their study permit until they complete their studies.\nUnder paragraph R222(1)(a.1), their study permit becomes invalid on the day that they are no longer enrolled at the DLI named on their study permit, other than as a result of completing their studies.\nTherefore, if a student whose study permit names a DLI has changed DLIs without applying for a new study permit, their previous study permit is rendered invalid and the student is considered to be studying without authorization at the new DLI.\nStudents whose permit does not name a DLI\nEffective November 8, 2024 , section R217.1 requires post-secondary study permit holders whose permit names a DLI to apply for a new study permit when changing DLIs. If a post secondary student holds a study permit issued prior to November 8, 2024,that does not name a DLI, they should apply for a new study permit when changing DLIs. Once that study permit with no DLI is expired, they must apply for a new study permit which will be issued with the name of the DLI they are attending.\nAs of November 1, 2024, study permit holders no longer have the ability to change their DLI via their online account. Therefore, applying for a new study permit will ensure that their new DLI can accurately complete student compliance reporting.\nShould an officer determine that a post-secondary student whose study permit does not name a DLI changed DLIs without applying for a new study permit, they should verify that the student’s permit conditions did not prohibit them from switching DLIs.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessment of study permit conditions (part 2 of 11)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html" + }, + { + "id": "pdi-tr-95-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing compliance with study permit condit — Assessment of study permit conditions", + "marginal_note": "Assessment of study permit conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the student’s conditions did not prohibit them from changing DLIs, they cannot be found non-compliant with subsection R220.1(1), that is, the condition to be enrolled at the DLI named on their study permit until they complete their studies.\nAdditionally, as their study permit did not name a DLI, their permit will not become invalid under paragraph R222(1)(a.1).\nThis also applies to cases where secondary students transitioning to post-secondary studies use their secondary level study permit to commence their post-secondary studies. Students must apply for a new study permit with the DLI’s name on it when they transition to post-secondary studies to avoid any non-compliance issues.\nIf a student is attending a secondary school while on a visitor record, they must wait for their study permit application to be approved before beginning studies at the post-secondary level. If a student is studying without a permit and then requires a study permit to continue studying, they must wait for the study permit application to be approved before beginning studies.\nIn all cases, if the study permit application is refused, the student must stop studying at the post-secondary level immediately.\nChanging DLIs or programs of study\nNote: Effective November 8, 2024 , section R217.1 stipulates that study permit holders in Canada whose permit names a DLI must apply for a new study permit if they wish to change DLIs .\nFor more information on changing DLIs, see the above sections regarding enrolment at a DLI and Study permits: Designated learning institutions .\nTo assess if a student who has changed institutions or programs of study a number of times should be considered to be actively pursuing their studies, the officer should consider the student’s reasons for the changes.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessment of study permit conditions (part 3 of 11)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html" + }, + { + "id": "pdi-tr-95-2-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing compliance with study permit condit — Assessment of study permit conditions", + "marginal_note": "Assessment of study permit conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In cases where multiple program or institutional changes do not appear to support the expectation that the student is making reasonable progress toward the completion of a Canadian credential, the officer may determine that the study permit holder has not fulfilled their study permit condition to actively pursue their course or program of study.\nStudents engaging in post-secondary studies in Canada are authorized to change programs of study within the same DLI at the same level of study, provided they are not limited from doing so by conditions imposed on their study permit.\nActively pursuing studies\nStudy permit holders must actively pursue their course or program of study, while they are in Canada, unless they are exempt from the requirement under subsection R220.1(3) (see “ Exemptions to conditions ” below).\nWhen assessing a study permit holder’s compliance with the condition to “actively pursue their studies,” officers should follow these guidelines and can also refer to the “ Reviewing student enrolment status reporting by DLIs ” PDI for further guidance on how to interpret the data collected during the twice-yearly DLI reported compliance exercises.\nFull-time and part-time studies\nThe definition of full-time or part-time studies varies depending on the educational institution. Students must have at least part-time status with their institution to be considered to be actively pursuing their studies.\nThe Province of Quebec requires students to maintain full-time status with their institution to be considered to be actively pursuing their studies. For more details on requirements for students in Quebec, see Study permits: Students destined to Quebec .\nProgress toward completion of courses", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessment of study permit conditions (part 4 of 11)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html" + }, + { + "id": "pdi-tr-95-2-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing compliance with study permit condit — Assessment of study permit conditions", + "marginal_note": "Assessment of study permit conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Students should be able to demonstrate that they are making reasonable progress toward the completion of their program.\nStudies are considered officially completed on the date the DLI first notifies the student by any of the following:\ncompletion letter\ntranscript\ndegree or diploma\nThe date stated on the document will be considered the date of notification unless the applicant and/or DLI can provide proof of a different date.\nLeave from studies\nStudents may be required or may wish to take leave from their studies while in Canada. For the purpose of assessing if a student is actively pursuing their studies, any leave taken from a program of studies in Canada  should not exceed 150 days from the date the leave commenced and must be authorized by their DLI .\nA student on authorized leave who begins or resumes their studies within 150 days from the date the leave commenced  (that is, the date the leave was granted by the institution) is considered to be actively pursuing studies during their authorized leave.\nExamples of reasons for authorized leave include but are not limited to the following:\nmedical illness or injury\npregnancy\nfamily emergency\ndeath or serious illness of a family member\nchange in program of study within the same institution, outside a regularly scheduled break\ndismissals or suspensions (dependent on degree of severity)\npostponed program start date (see  Deferred enrolment for more information)\nMultiple leave periods", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessment of study permit conditions (part 5 of 11)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html" + }, + { + "id": "pdi-tr-95-2-p6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing compliance with study permit condit — Assessment of study permit conditions", + "marginal_note": "Assessment of study permit conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In cases where a student has taken multiple periods of authorized leave in Canada during their program of study, the officer should consider the student’s reasons for the various periods of leave. If the multiple periods of leave do not appear to support the expectation that the student is making reasonable progress toward the completion of their course or program of study in the time allotted by the course or program of study, the officer may determine that the study permit holder has not fulfilled the condition to actively pursue their course or program of study.\nDeferred enrolment\nIn exceptional circumstances, a student may be required to defer their program’s start date to the next semester. If the student defers their program start date, it should be formally approved by the DLI . In some cases, the deferral is imposed by the DLI.\nIf the study permit holder is in Canada at the time of deferral and they wish to remain in Canada, they must begin their studies the following semester or within 150 days from the date the deferred enrolment is confirmed, whichever comes first. Otherwise, they should do either of the following:\nchange their status (that is, change to  visitor status or  worker status )\nleave Canada\nNote:  In all deferral cases, students should obtain an updated letter of acceptance from the DLI.\nDLI closures", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessment of study permit conditions (part 6 of 11)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html" + }, + { + "id": "pdi-tr-95-2-p7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing compliance with study permit condit — Assessment of study permit conditions", + "marginal_note": "Assessment of study permit conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Students may be required to abandon or put their studies on hold as a result of strikes or permanent closures (for example, if an institution files for bankruptcy and is no longer in operation). For the purpose of assessing whether a student is enrolled and actively pursuing their studies, they are considered in compliance, but the time taken to transition to a new program, change status or leave Canada should not exceed 150 days from the date the institution closed .\nWorking during any leave from studies\nIf a study permit holder is not attending class full time, they are not eligible to work as per the condition listed on their study permit.\nDuring any leave from studies, including DLI closures, a study permit holder cannot work on or off campus.\nStudents who hold a valid co-op work permit may not undertake a co-op or internship placement during any leave from studies or school closure.\nEvidence of compliance\nIn accordance with  subsection R220.1(4) , study permit holders  must  provide evidence of their compliance with their study permit conditions, under  subsection R220.1(1) , if an officer requests such evidence for either of the following reasons:\nThe officer has reason to believe the permit holder is not complying or has not complied with one or more of the conditions of their study permit.\nThe officer wishes to review the evidence as part of a random assessment of the overall level of compliance with the conditions.\nNote for Canada Border Services Agency (CBSA) officers:  The authority under subsection R220.1(4) is designated to border services officers, inland enforcement officers and regional program officers.\nExamples of evidence that officers may request include but are not limited to the following:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessment of study permit conditions (part 7 of 11)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html" + }, + { + "id": "pdi-tr-95-2-p8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing compliance with study permit condit — Assessment of study permit conditions", + "marginal_note": "Assessment of study permit conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "official document from the institution confirming enrolment status\nofficial document from the institution confirming the reason for leave and the date of approval\nofficial document from the institution confirming the date the student formally withdrew from an institution or program of study\nofficial document from the institution confirming the date the student was suspended or dismissed\nofficial document from the institution confirming the date the student ceased studying\ncurrent and previous transcripts\ncharacter references (such as a note from a professor)\nnote from a medical practitioner certifying the medical need and length of leave required\ndocumentation or letter attesting that the school has ceased operations and is no longer offering courses or programs of study\nany additional and relevant documents, at the discretion of the officer\nNon-compliance\nOfficers are required to follow the rules of procedural fairness before making a determination of non-compliance with study permit conditions.\nBefore making a final decision on an application regarding non-compliance with study permit conditions, and after considering the elements covered in the above sections of this PDI, officers should send a Procedural Fairness Letter (PFL) in order to offer the applicant the opportunity to respond to the officer’s concerns.\nOfficers should be mindful that their decisions are subject to the possibility of judicial review . In the event a refused applicant submits a leave to appeal to the Federal Court, the Court will examine, amongst other factors, whether or not the decision maker failed to comply with the principles of natural justice or procedural fairness when the decision was made.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessment of study permit conditions (part 8 of 11)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html" + }, + { + "id": "pdi-tr-95-2-p9", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing compliance with study permit condit — Assessment of study permit conditions", + "marginal_note": "Assessment of study permit conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Important : A determination of non-compliance with study permit conditions, may result in serious consequences for the applicant, such as:\nenforcement action ; that is, an  exclusion order can be issued for non-compliance, per  subparagraph R228(1)(c)(v) .\na negative affect on future applications that are made under the IRPA and IRPR.\nFor example, a subsequent study permit or work permit may not be issued until a period of 6 months has passed, since the cessation of the unauthorized work or study or failure to comply with a condition, per  paragraph 221(a) and subparagraph R200(3)(e)(i).\nExemptions to conditions\nIn accordance with  subsection R220.1(3) , the following people are exempt from the study permit conditions under  subsection R220.1(1) :\na person in Canada who has made a refugee claim that has not yet been determined by the Refugee Protection Division as well as that person’s family members\na person in Canada on whom refugee protection has been conferred and their family members\na person who is a member of the Convention refugees abroad class or a humanitarian-protected persons abroad class and their family members\na properly accredited diplomat; consular officer; representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member; the members of the suite of such a person; and the family members of such a person\na member of the armed forces of a country that is a designated state for the purposes of the  Visiting Forces Act , including a person who has been designated as a civilian component of that visiting force under paragraph 4(c) of that Act, and their family members", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessment of study permit conditions (part 9 of 11)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html" + }, + { + "id": "pdi-tr-95-2-p10", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing compliance with study permit condit — Assessment of study permit conditions", + "marginal_note": "Assessment of study permit conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "a person who holds a study permit and has become temporarily destitute through circumstances beyond their control and beyond the control of any person on whom that person is dependent for the financial support to complete their term of study\na person whose study in Canada is under an agreement or arrangement between Canada and another country that provides for reciprocity of student exchange programs\na person who works in Canada as an officer of the United States Immigration and Naturalization Service or of United States Customs carrying out pre-inspection duties, as an American member of the International Joint Commission or as a United States grain inspector, and their family members\na United States Government official in possession of an official United States passport who is assigned to a temporary posting in Canada and their family members\na family member of a foreign national who resides in Canada  and  is described as any of the following:\na person who holds a study permit\na person who holds a work permit\na person who holds a temporary resident permit issued under subsection A24(1) that is valid for at least 6 months\na person who is subject to an unenforceable removal order\na person who is a member of the armed forces of a country that is a designated state for the purposes of the  Visiting Forces Act , including a person who has been designated as a civilian component of those armed forces\na person who is an officer of a foreign government sent, under an exchange agreement between Canada and one or more countries, to take up duties with a federal or provincial agency\na participant in sports activities or events in Canada either as an individual participant or as a member of a foreign-based team or Canadian amateur team", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessment of study permit conditions (part 10 of 11)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html" + }, + { + "id": "pdi-tr-95-2-p11", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Study permits: Assessing compliance with study permit condit — Assessment of study permit conditions", + "marginal_note": "Assessment of study permit conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "an employee of a foreign news company for the purpose of reporting on events in Canada\na person who is responsible for assisting a congregation or group in the achievement of its spiritual goals and whose main duties are to preach doctrine, perform functions related to gatherings of the congregation or group, or provide spiritual counselling\na study permit holder under the Temporary public policy to exempt certain Indigenous persons and their family members from temporary residence requirements", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessment of study permit conditions (part 11 of 11)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html" + }, + { + "id": "pdi-tr-96-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident: Individuals named in an immigration warrant", + "marginal_note": "Temporary resident: Individuals named in an immigration warrant", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nWhen an inadmissible individual fails to comply with a Canada Border Services Agency (CBSA) officer's request to appear at an enforcement office for reasons such as receipt of a pre-removal risk assessment (PRRA) determination or to enforce their removal from Canada at a POE, the officer may issue a warrant for the arrest and detention of the individual. After a full investigation, if the individual cannot be located, a Canada-wide warrant for their arrest is entered on the Canadian Police Information Centre (CPIC) system, which is accessible to all law enforcement agencies and ultimately gives them the authority to arrest on the CBSA's behalf. This process is in place to ensure that individuals with active warrants for removal are apprehended as soon as possible and removed from Canada to maintain the integrity of the immigration program.\nWhen an individual named in a warrant submits an application, CIC must inform the CBSA.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary resident: Individuals named in an immigration warrant", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/individuals-named-immigration-warrant.html" + }, + { + "id": "pdi-tr-97-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Conditions on post-secondary Designated Learning Institutions", + "marginal_note": "Conditions on post-secondary Designated Learning Institutions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nAs of November 8, 2024, regulatory changes to the Immigration and Refugee Protection Regulations (IRPR) will now require post-secondary Designated Learning Institutions (DLI) to meet certain conditions outlined in subsection 222.1(1) .\nThese conditions refer to reporting activities that post-secondary DLIs currently undertake, including letter of acceptance (LOA) verification and student compliance reporting , along with a new obligation to provide additional information when requested by IRCC. To strengthen the integrity of Canada’s international student program, these reporting activities will be mandatory regulatory obligations and DLIs may face consequences if found non-compliant.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Conditions on post-secondary Designated Learning Institutions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-secondary-conditions-dli.html" + }, + { + "id": "pdi-tr-97-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Conditions on post-secondary Designated Learning Institution — DLI conditions", + "marginal_note": "DLI conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The conditions under R222.1(1) will require that a DLI comply with the following requests:\nR222.1(1)(a): The DLI must verify the letter of acceptance included in post-secondary study permit applications and confirm whether the applicant has been accepted to the program indicated on the letter. DLIs must respond and complete the verification activity in the LOA portal or by email within 10 calendar days upon request by IRCC.\nR222.1(1)(b): The DLI must submit a student compliance report containing the enrolment status for each study permit holder who has been accepted to the DLI (and is associated to the DLI in the Global Case Management System), within 60 calendar days upon receiving a request using the DLI Portal account. These requests are sent twice a year on March 1 and November 1. This is also known as a periodic verification.\nR222.1(1)(c): The DLI, upon request, must provide corrected, updated or additional information to the information contained in their compliance report using the DLI Portal or by email within 10 calendar days upon request by IRCC. This is also known as an ad hoc verification .\nNote: DLIs in Quebec will not be asked to submit a student compliance report until a framework for submission has been established. Once established, IRCC will communicate with DLIs to inform them of the reporting requirements.\nR222.1(1)(d): The DLI must provide any additional information required in relation to study permits, study permit applications or further information in relation to the administration of Part 12 of the IRPR, within 10 calendar days upon receiving a request from IRCC.\nNote: GCMS will retain records indicating whether a DLI responded to a request.\nIRCC may provide an extension of time to a request as per subsection R222.1(2) .\nIn the case of LOA verifications [R222.1(1)(a)], please see extension of LOA verification due to unforeseen circumstances .\nIn the case of all other requests, extensions may be granted at the discretion of the Minister’s delegate, if the DLI’s response to the request has been prevented by exceptional circumstances.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: DLI conditions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-secondary-conditions-dli.html" + }, + { + "id": "pdi-tr-97-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Conditions on post-secondary Designated Learning Institution — DLI compliance verifications – Overview", + "marginal_note": "DLI compliance verifications – Overview", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "DLIs may be subject to a verification for reasons outlined in subsection R222.2(1) .\nVerifications are administrative assessments to confirm whether a DLI has met their conditions outlined in IRPR, and if not, whether they were justified in not doing so. Some administrative records may also be retained which could indicate whether the DLI has made reasonable efforts to meet their conditions. For example if they requested technical assistance from IRCC when encountering technical issues that impeded their ability to comply.\nAs part of the verification, the responsible office may request additional documentation from the DLI or ask the DLI questions pertaining to the non-compliance. The DLI is required to respond, as per R222.2(2).\nFollowing an officer’s review, if it is determined that the DLI has failed to comply with their condition(s), and it is also determined that the failure is not justified, a Notice of Preliminary Finding will be issued providing the details of the non-compliance, recommended consequence and an opportunity to respond.\nThis process will provide DLIs a procedural fairness opportunity to submit additional documents and/or information to IRCC that may explain or negate the occurrence(s) of non-compliance as per R222.4(1) . Submissions must be taken into consideration to determine whether the DLI acted in good faith, and/or whether the DLI made all reasonable efforts to comply as per subsection R222.2(3) , whereby the DLI has provided a justification for not complying with the conditions.\nThe following are some examples of circumstances that may constitute a justification:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: DLI compliance verifications – Overview (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-secondary-conditions-dli.html" + }, + { + "id": "pdi-tr-97-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Conditions on post-secondary Designated Learning Institution — DLI compliance verifications – Overview", + "marginal_note": "DLI compliance verifications – Overview", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Unforeseen circumstances: prolonged failure of power, communications or other infrastructure, natural disaster, public health emergency, labour dispute/strike action, sudden staffing changes, etc.\nProlonged IT issues, where IRCC or DLI Portals are impacted by server or network outages or other intermittent issues. DLIs may not be able access their account to respond to requests. DLI should also be able to demonstrate that they made multiple attempts to complete their requests and/or proactively contacted IRCC for technical assistance and followed instructions.\nAdministrative errors that may have occurred on IRCC’s part.\nIf the final determination results that the DLI has not met their regulatory condition(s) and was not justified in doing so under R222.2(3), the DLI will be issued a Notice of Final Determination with a warning or placed on the suspension list for a period of up to one year, as per R222.5(1) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: DLI compliance verifications – Overview (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-secondary-conditions-dli.html" + }, + { + "id": "pdi-tr-97-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Conditions on post-secondary Designated Learning Institution — Consequences of non-compliance", + "marginal_note": "Consequences of non-compliance", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As per subsection R222.5(2) , if a DLI has been found to be non-compliant, the length of a suspension, which can be up to one year, will take the following into consideration.\nthe frequency with which the DLI has failed to comply with the conditions in subsection 222.1(1), including consideration for instances of non-compliance where a warning has been issued in the past;\nthe seriousness of the institution’s failure to comply with the conditions;\nthe DLI’s efforts to comply with the conditions ;\nthe DLI’s cooperation with IRCC during the verification process; and\nany written submissions made by the DLI as part of the procedural fairness process, which may demonstrate, among other things, their efforts to comply or explanation for not doing so.\nWhen warranted, as per R222.5(2), a warning may be issued, rather than a suspension. The regulatory consequences on DLIs for non-compliance do not intend to be only punitive and should also be used to encourage compliance with IRPR.\nWhen a DLI is suspended, new study permit applications received during the period of suspension will be returned without being processed, per R222.6(2) . IRCC will also add the DLI’s name to the public suspension list, stating the violation and duration of the suspension, as per R222.6(1) .\nPlease see Study permits: Designated Learning Institutions for more information on processing study permit and study permit extension applications associated to suspended DLIs. Applications received prior to the suspension and existing study permit holders studying at the suspended DLI who are seeking a renewal of their study permit to allow them to complete their program of study, will not be impacted.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Consequences of non-compliance", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-secondary-conditions-dli.html" + }, + { + "id": "pdi-tr-98-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Background and purpose", + "marginal_note": "Temporary Resident Permits (TRPs): Background and purpose", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary Resident Permits (TRPs): Background and purpose", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/background-purpose.html" + }, + { + "id": "pdi-tr-98-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Background and purpose — Background", + "marginal_note": "Background", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The temporary resident permit (TRP), formerly known as the “Minister’s Permit”, was first introduced in the Immigration Act in 1910, at the same time as a more structured enforcement regime replaced the previous discretionary powers given to the Minister to issue removal orders (i.e. a deportation order requiring the person to leave Canada). Parliament was of the view that, with the “strong” exclusion provisions, there was a need to give the Minister broad discretionary powers to be used in exceptional cases. Parliament was also of the view that this power should be exercised in a transparent manner, which is why, in the Immigration Act R.S.C. 1927, a requirement was put into place for the Minister to report on the number of times this power was exercised each year, categorized according to grounds of inadmissibility. This information is now included in the Department’s Annual Report to Parliament.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Background", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/background-purpose.html" + }, + { + "id": "pdi-tr-98-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Background and purpose — Purpose", + "marginal_note": "Purpose", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In the Immigration and Refugee Protection Act (IRPA) subsection 24(1) authorizes designated officers to issue TRPs to inadmissible foreign nationals when it is “justified in the circumstances”. A TRP allows the holder either to enter or to remain in Canada. During the validity period of the TRP, the foreign national has temporary resident status in Canada. If the TRP is valid for at least six months, the foreign national may apply for a work and/or study permit. Upon cancellation or expiration of the TRP, the foreign national must leave Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Purpose", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/background-purpose.html" + }, + { + "id": "pdi-tr-99-0-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): When to consider issuing a TRP", + "marginal_note": "Temporary resident permits (TRPs): When to consider issuing a TRP", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nOfficers may issue a temporary resident permit (TRP) when both of the following apply:\nThe purpose of the individual to enter or remain in Canada is balanced when the objectives of the Immigration and Refugee Protection Act (IRPA) are considered.\nThe issuance outweighs any risks that might exist and is compelling and sufficient to overcome any risks that the individual might pose.\nA TRP may be issued to any individual who is\nseeking to come into Canada, provided an officer is of the opinion that the individual’s purpose to enter Canada is consistent with the objectives of the IRPA, while also mitigating any risk associated with the inadmissibility, and the individual is one of the following:\ninadmissible under the IRPA\nsubject to a report under subsection A44(1)\nreportable for a violation of the IRPA\nalready present in Canada, provided an officer is of the opinion that the individual’s purpose for remaining in Canada meets the objectives of the IRPA, while also mitigating any risk associated with the inadmissibility, and the individual is one of the following:\ninadmissible under the IRPA\nsubject to a report under subsection A44(1)\nreportable for a violation of the IRPA\nnot eligible for restoration of status\nOfficers may recommend or issue permits only in accordance with the IRPA and the Immigration and Refugee Protection Regulations (IRPR).\nAn officer who is recommending the issuance of a TRP must enter detailed notes into the Global Case Management System (GCMS) that clearly describe the\ninadmissibility\ncircumstances of entry\nrationale for their recommendation", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary resident permits (TRPs): When to consider issuing a TRP (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/when-to-consider-issuing.html" + }, + { + "id": "pdi-tr-99-0-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): When to consider issuing a TRP", + "marginal_note": "Temporary resident permits (TRPs): When to consider issuing a TRP", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "These notes must clearly support the officer’s decision.\nAccountability is especially important when recommending or issuing a TRP. Clear records of the decision-making process provide information for the preparation of the Annual Report to Parliament .\nNote: There are instances in which an individual who originally came to Canada under the Seasonal Agricultural Worker Program (SAWP) may seek to stay in Canada beyond the expiration of their work permit for urgent medical reasons that prevent them from travelling to their home country. Officers may consider issuing a TRP for these individuals to regularize their status so they may continue to receive the necessary medical care to travel home safely.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary resident permits (TRPs): When to consider issuing a TRP (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/when-to-consider-issuing.html" + }, + { + "id": "pdi-tr-99-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): When to consider issuing — When a TRP application is made by the client", + "marginal_note": "When a TRP application is made by the client", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When an officer becomes aware of an inadmissibility, and the client wishes to be considered for a TRP, the officer should\nassess if the client meets the eligibility criteria for a TRP\nconsider if the individual is under a removal order or warrant (see manual chapter ENF 10 [PDF, 978 KB] )\nassess the appropriate risk factors\nconsult with a designated decision maker, where required (see manual chapter IL 3 [PDF, 831 KB] )", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: When a TRP application is made by the client", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/when-to-consider-issuing.html" + }, + { + "id": "pdi-tr-100-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Eligibility and assessment", + "marginal_note": "Temporary resident permits (TRPs): Eligibility and assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nNote: Victims of trafficking in persons and victims of family violence have a different eligibility and assessment process. Please refer to the specific instructions for victims of trafficking in persons and victims of family violence .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary resident permits (TRPs): Eligibility and assessment", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/eligibility-assessment.html" + }, + { + "id": "pdi-tr-100-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Eligibility and assessmen — Who is eligible for a temporary resident permit (TRP)", + "marginal_note": "Who is eligible for a temporary resident permit (TRP)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A temporary resident permit (TRP) may be issued to a foreign national who, in the opinion of an officer, is inadmissible, or who does not meet the requirements of the Immigration and Refugee Protection Act (IRPA)  [A24(1)] .\nThe TRP is always issued at the discretion of the delegated authority and may be cancelled at any time. The delegated authority determines if the individual’s purpose for entering Canada balances Canada’s social, humanitarian and economic commitments to the health and security of Canadians, per the  objectives of the IRPA .\nIn addition, an officer may consider the following:\nwhether the need for the foreign national to enter or remain in Canada is compelling\nwhether the need for the foreign national’s presence in Canada outweighs any risk to Canadians or Canadian society", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Who is eligible for a temporary resident permit (TRP)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/eligibility-assessment.html" + }, + { + "id": "pdi-tr-100-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Eligibility and assessmen — Who is not eligible for a TRP", + "marginal_note": "Who is not eligible for a TRP", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Per paragraph A24(3.1), a person whose claim for refugee protection has been determined to be ineligible to be referred to the Refugee Protection Division (RPD) may not request a TRP if they have a pre-removal risk assessment (PRRA) application that is pending.\nPer paragraph  A24(4)(a) , a failed refugee claimant may not request a TRP if all of the following conditions are met:\nLess than 12 months has passed since the day their claim for refugee protection with the Refugee Protection Division (RPD) was\nrejected\ndetermined to be withdrawn\nabandoned\nNo appeal has been made to the Refugee Appeal Division (RAD).\nNo application for leave (and judicial review of that application) has been made to the Federal Court.\nPer paragraph A24(4)(b) , where a failed refugee claimant has appealed to the RAD or made an application for leave and judicial review of the decision to the Federal Court, the refugee claimant may not request a TRP unless at least 12 months has passed since the last\nrejection of the claim by the RPD\nrejection of the claim by the RAD\ndecision on the application for leave and judicial review from the Federal Court\nException: The 1-year ban on accessing a TRP under subsection A24(4) does not bar an officer, on their own initiative, from considering a TRP for victims of trafficking in persons , or victims of family violence .\nPer paragraph A24(5), a designated foreign national may not request a TRP until five years after the day of any of the following:\nthe final determination of their claim for refugee protection, with no application for protection\nthe final determination on their application for protection\nthe foreign national becomes a designated foreign national", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Who is not eligible for a TRP", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/eligibility-assessment.html" + }, + { + "id": "pdi-tr-100-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Eligibility and assessmen — Assessing an application or request for a TRP", + "marginal_note": "Assessing an application or request for a TRP", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Evaluating purpose of travel\nGeneral factors to consider\nExamples of cases where a TRP should not be considered\nAssessment factors\nIdentified refugee protection-related risks (section A96 or section A97)\nFee exemptions for certain TRPs\nEvaluating purpose of travel\nOfficers must consider the factors regarding the individual’s purpose in Canada and the\nintent of the legislation\nmaintenance of program integrity\nprotection of public health and safety\nNote: Depending on the inadmissibility ground, specific delegated officials are authorized by the minister to determine if the reasons or benefits for an individual to enter or remain in Canada outweigh the risks of that individual’s presence in Canada, resulting in the issuance of a TRP. In general , an individual with a serious inadmissibility (section A34, section A35, subsection A36(1) or section A37) can only be issued a TRP by a senior official. Officers should always consult with IL3 to determine if they have the delegated authority to issue a TRP to an individual with a serious inadmissibility (A34, A35, A36(1), A37).\nGeneral factors to consider\nThe issuance of a TRP document confers temporary resident status on the holder [ section A24 ].\nA TRP should not be issued to a foreign national who has valid status in Canada.\nOfficers should carefully consider all assessment factors before granting an initial TRP or issuing a subsequent TRP.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing an application or request for a TRP (part 1 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/eligibility-assessment.html" + }, + { + "id": "pdi-tr-100-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Eligibility and assessmen — Assessing an application or request for a TRP", + "marginal_note": "Assessing an application or request for a TRP", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A TRP carries privileges greater than those accorded to other foreign nationals with temporary resident status (such as, visitors, students, workers). Foreign nationals who have been issued a TRP for a validity period of at least 6 months can apply in Canada for a  work permit or study permit  and may, in limited circumstances, be given access to health or other social services (determined by the relevant province or territory).\nAs there is no discretion involved in granting permanent residence to people who meet the requirements of the permit holder class , officers should consider available alternatives, such as rehabilitation , before issuing a TRP.\nUnder paragraph 65(b)(i) of the Immigration and Refugee Protection Regulations (IRPR), TRP holders with medical inadmissibility [subsection A38(1)] are eligible for permanent residence after 3 continuous years in Canada.\nUnder paragraph R65(b)(i), TRP holders inadmissible under paragraph A42(1)(a) on grounds of an accompanying family member who is inadmissible under subsection A38(1) or paragraph A42(1)(a) are eligible for permanent residence after 3 continuous years in Canada.\nUnder paragraph R65(b)(ii), TRP holders with inadmissibilities other than security [ section A34 ], violation of human or international rights  [section A35] , sanctions [ section A35.1 ], serious criminality  [section A36(1)]  and organized criminality [ section A37 ] are eligible for permanent residence after 5 years of continuous residence in Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing an application or request for a TRP (part 2 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/eligibility-assessment.html" + }, + { + "id": "pdi-tr-100-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Eligibility and assessmen — Assessing an application or request for a TRP", + "marginal_note": "Assessing an application or request for a TRP", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For subsequent TRPs, if the client’s situation or admissibility has changed, officers should reassess all the factors and determine the best course of action, including an assessment for rehabilitation or a record suspension, especially before the TRP holder is eligible for permanent residence under the permit holder class .\nA TRP is not intended to provide continuous status for long periods of time especially if the inadmissibility or non-compliance can be resolved and regular temporary resident status achieved.\nForeign nationals may apply for a TRP at a port of entry (POE). In these scenarios, a border services officer must assess the application with the above-mentioned considerations in mind.\nNote: A TRP holder can’t have temporary resident status restored under section R182 .\nExamples of cases where a TRP should not be considered\npeople under a removal order without prior consultations with the Case Management Branch (CMB) or the Canada Border Services Agency (CBSA)\na foreign national’s presence in Canada would contravene the objectives of the IRPA particularly those intended to protect the health and security of Canadians and to promote international justice and security\nNote: If a student, worker or visitor with valid temporary resident status is reported under subsection A44(1) , but a decision is made not to refer the inadmissibility report to the Immigration Division for an admissibility hearing or to issue a removal order, that person remains a temporary resident, and a TRP is not required. See ENF 5 (PDF, 422 KB) , for more information on making a decision to write a subsection A44(1) report .\nAssessment factors\nWhen an officer is considering a TRP, the following is a non-exhaustive list of factors the officer may consider:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing an application or request for a TRP (part 3 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/eligibility-assessment.html" + }, + { + "id": "pdi-tr-100-3-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Eligibility and assessmen — Assessing an application or request for a TRP", + "marginal_note": "Assessing an application or request for a TRP", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "History – Is there a pattern of non-compliance [ section A41 ] with the IRPA or IRPR? Is the violation inadvertent and accidental or the result of careless or flagrant disregard for the law?\nCredibility – Credibility may be assessed during an interview. See Temporary resident permits (TRPs): Information gathering (including interviews) for additional information on when an interview is required.\nPrevious removal – Have the original grounds for removal been overcome or diminished? Are there any statutory bars, other than the removal order, remaining against the person?\nControversy – Are there high-profile, complex or sensitive elements of the case that warrant referral or consultation with the CMB?\nSocial assistance – If there is a possibility that the foreign national intends to become a permanent resident, is there any risk that the person would require social assistance?\nFamily related circumstances – Are there any compelling family matters related to the issuance of the TRP, such as children in Canada or elderly relatives?\nThe following considerations and examples are not exhaustive but illustrate the scope and spirit in which the discretion to issue a TRP should be applied:\nthe reason for the person’s presence in Canada and the factors that make their presence in Canada necessary (for example, family ties, job qualifications, economic contribution, attendance at an event)\nthe intention of the legislation (for example, protecting public health or the health care system)\nthe type or class of application and family composition, both in the home country and in Canada\nthe benefits to the person concerned and to others\nIdentified refugee protection-related risks (section A96 or section A97)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing an application or request for a TRP (part 4 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/eligibility-assessment.html" + }, + { + "id": "pdi-tr-100-3-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Eligibility and assessmen — Assessing an application or request for a TRP", + "marginal_note": "Assessing an application or request for a TRP", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers should assess requests for a TRP without consideration of any section A96 or section A97 risks identified by the foreign national. Officers should note in their decision notes in GCMS that protection-related risks were not assessed.\nWhen the foreign national has already had a final determination on a refugee claim or a pre-removal risk assessment (PRRA), the officer should advise the client that their risk has not been assessed in the context of the TRP application as it was already assessed through their refugee claim and/or PRRA application.\nWhen the foreign national has not made a refugee claim or submitted a PRRA application, the officer should advise the client that their risk has not been assessed in the context of the TRP application and that they may be able to have this risk assessed through the refugee claim process, if they are eligible.\nFor further information on TRP issuance for clients accepted under the Urgent Protection Program, please visit Urgent Protection Program (UPP) .\nFee exemptions for certain TRPs\nSome TRPs are fee-exempt in specific circumstances .\nA fee must be collected each time an application or a request for a TRP is received, unless an exemption has been identified pursuant to subsection R298(2) or a public policy fee exemption applies. When a fee exemption applies, the appropriate fee exemption code and details referencing subsection R298(2) or the applicable public policy should be entered into GCMS.\nBefore issuing the TRP, officers should\ndetermine if a fee exemption applies if the TRP fee was not paid\ncheck GCMS to ensure the one-time, fee-exempt TRP for foreign nationals with 36(2) criminality has not already been granted\nwhen possible, inform the foreign national that they\nare inadmissible to Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing an application or request for a TRP (part 5 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/eligibility-assessment.html" + }, + { + "id": "pdi-tr-100-3-p6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Eligibility and assessmen — Assessing an application or request for a TRP", + "marginal_note": "Assessing an application or request for a TRP", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "can’t renew or extend a TRP, but can apply for a subsequent TRP before their current TRP expires, and that subsequent TRPs are not guaranteed\nand, if applicable\nthat they are being facilitated with a one-time, fee-exempt TRP, and the reason for the fee-exemption\nthat they may apply in Canada for a work or study permit if they have been issued a TRP for a validity period of at least 180 days\nFor further information on subsequent TRPs, please visit Temporary resident permits (TRPs): Subsequent permits .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing an application or request for a TRP (part 6 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/eligibility-assessment.html" + }, + { + "id": "pdi-tr-101-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits: Final decisions and issuing permits", + "marginal_note": "Temporary resident permits: Final decisions and issuing permits", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nOnce an officer has reviewed the case, written a case summary and included a recommendation for decision, the application should then be referred to the designated decision maker (PDF, 831 KB) (when necessary) for final determination.\nIn cases of positive decision (that is, issuance of a temporary resident permit [TRP]), the designated decision maker determines the period of validity of the TRP.\nThe following instructions detail the procedures for designated decision makers.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary resident permits: Final decisions and issuing permits", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/final-decisions-issuing-permit.html" + }, + { + "id": "pdi-tr-101-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits: Final decisions and issuing perm — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Refusals\nApprovals\nRecording inadmissibility sections\nTypes of case codes\nVerification of departure\nCounselling applicants", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/final-decisions-issuing-permit.html" + }, + { + "id": "pdi-tr-101-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits: Final decisions and issuing perm — Refusals", + "marginal_note": "Refusals", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When a request and fees have been submitted, officers are to\nrecord the refusal decision, with relevant case notes, in the Global Case Management System (GCMS)\ninform the client of a negative decision in writing for inland cases\nfollow up on or monitor the application to ensure compliance (for example, confirmation of departure or check-out letter)\nNote: Port of entry (POE) instructions are available in manual chapter ENF 4 (PDF, 1.17 MB) .\nThe refusal letter should communicate the following, as applicable:\nduration and limitation of existing valid temporary status\nreasons for the decision\nrequirements concerning voluntary departure and confirmation of departure\nnotice to appear for inquiry and information about penalties for failure to comply\nmechanisms available to overcome their inadmissibility", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Refusals", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/final-decisions-issuing-permit.html" + }, + { + "id": "pdi-tr-101-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits: Final decisions and issuing perm — Approvals", + "marginal_note": "Approvals", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In-Canada cases\nOfficers are to prepare a TRP by doing all of the following:\nprocess the application until finalization in GCMS\nenter all relevant case notes\nensure appropriate validity dates\nindicate whether or not the person is allowed to re-enter\nprepare a TRP for each accompanying family member requiring a TRP\nmaintain a “bring forward” system for follow-up\nOverseas cases\nOnce the designated decision maker authorizes the issuance of a TRP, officers must do the following:\nGenerate the TRP in GCMS and issue a letter of introduction, bearing the unique client identifier (UCI) of the applicant, to be presented at the POE where the applicant will enter Canada. The document number generated by GCMS must be printed at the top right-hand corner of the letter. No letter of introduction is required for cases processed according to the Immigration Control manual chapter (IC 2) for national interest.\nAdvise the applicant to bring two passport-sized photographs for presentation at the POE.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Approvals (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/final-decisions-issuing-permit.html" + }, + { + "id": "pdi-tr-101-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits: Final decisions and issuing perm — Approvals", + "marginal_note": "Approvals", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Affix the visa counterfoil in the valid passport or travel document for foreign nationals who are subject to the temporary resident visa (TRV) requirement. As visa-exempt applicants are no longer issued a physical, secure facilitation counterfoil (see OB 348 ) when approved for a TRP, an electronic facilitation counterfoil (eFoil) will be created once the officer generates the TRP in GCMS. This process is not visible to applicants, and the applicants are not required to print anything as a result of receiving an eFoil. This eFoil is issued to these applicants to ensure that they are permitted to embark on their flight, following airline verification of their passport and travel documents via the CBSA’s Interactive Advance Passenger Information system (it should be noted that this system is currently available in air mode only).\nIssue facilitation travel documents for approved applicants for a single entry where no authorization to re-enter Canada is given.\nIssue facilitation travel documents for multiple entries to TRP holders with authorization to re-enter Canada and to persons for whom permits with re-entry privileges to Canada have been approved, unless otherwise stipulated in chapter IC 2. These documents should be valid for the same period of time as the passport or the TRP (if already issued), whichever is shorter.\nIf it is an urgent protection case , transfer the permanent residence files to the Case Processing Centre in Mississauga (CPC-M) to complete the process and explain to the applicants that IRCC will contact them upon receipt of the file.\nNote: For POE cases, see manual chapter ENF 4 (PDF, 1.17 MB) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Approvals (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/final-decisions-issuing-permit.html" + }, + { + "id": "pdi-tr-101-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits: Final decisions and issuing perm — Recording inadmissibility sections", + "marginal_note": "Recording inadmissibility sections", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Record the foreign national’s inadmissibility ( sections 34 to 42 of the Immigration and Refugee Protection Act [IRPA]) in GCMS. An inadmissibility under section A41 (non-compliance) must not appear alone on a TRP. The part of the IRPA or Immigration and Refugee Protection Regulations (IRPR) the TRP holder cannot comply with or fulfill must also appear.\nExample: Subsection A11(1) requires every foreign national, before entering Canada, to apply to an officer for a visa or other document required by the IRPR. Sometimes these applicants are allowed to enter Canada without fulfilling this requirement. In such cases, the inadmissibility recorded should be the following sequence: section A41 with section A11(1) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Recording inadmissibility sections", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/final-decisions-issuing-permit.html" + }, + { + "id": "pdi-tr-101-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits: Final decisions and issuing perm — Types of case codes", + "marginal_note": "Types of case codes", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The type of case code should be the same for all members of a family. This is true even for the codes corresponding to inadmissibility on grounds of criminality or health. The type of case code is different from the prohibiting section code. A family member may be coded as an inadmissible family member, but the type of case code must be the same for all members of the family.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Types of case codes", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/final-decisions-issuing-permit.html" + }, + { + "id": "pdi-tr-101-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits: Final decisions and issuing perm — Verification of departure", + "marginal_note": "Verification of departure", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Depending on the prohibiting section or sections and instructions from the designated authority, a verification of departure (PDF, 879 KB) may be required. Officers should use case type 96 when this is required and issue a letter (or explain to the client in person for POE cases) instructing the TRP holder to report to the CBSA when leaving Canada.\nWhen an applicant reports a departure to the CBSA, the officer can record the permit holder’s departure in GCMS.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Verification of departure", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/final-decisions-issuing-permit.html" + }, + { + "id": "pdi-tr-101-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits: Final decisions and issuing perm — Counselling applicants", + "marginal_note": "Counselling applicants", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers should counsel applicants, in writing or in person, that they\nmay apply for work or study permits where eligible if they wish to work or study in Canada\nmay apply for private health insurance if not eligible for provincial health insurance\nmay submit an application to the Central Processing Centre in Edmonton (CPC-E) for a subsequent TRP\nare always subject to examination upon re-entry to Canada and could be refused entry into Canada by the CBSA, even if the TRP authorizes re-entry\nOfficers should also counsel applicants, in writing or in person, that they must\nobtain a temporary resident counterfoil from a Canadian visa office abroad to return to Canada if they leave and have authorization to re-enter (only if they are subject to the TRV requirement)\nleave Canada before the TRP expires\nconfirm their departure from Canada and return the TRP to the CBSA when instructed to do so\nWhen TRPs are issued to a family with 1 or more inadmissible members, officers must consider the following:\nA separate TRP or counterfoil must be issued to each individual family member.\nThe inadmissibility section or sections that are applicable to the individual must be recorded in GCMS.\nA person requiring a TRP only because 1 family member is inadmissible is described under section A42 .\nFamily members may be inadmissible under different sections; however, the type of case code must be the same for all members of the family (for example, if 1 family member is inadmissible on criminal or health grounds, that type of case code should appear on every member of the family’s permit).\nAll family members who have been issued a TRP for the required time period will become eligible to apply for permanent residence in the permit holder class .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Counselling applicants", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/final-decisions-issuing-permit.html" + }, + { + "id": "pdi-tr-102-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Validity, conditions and cancellation", + "marginal_note": "Temporary resident permits (TRPs): Validity, conditions and cancellation", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary resident permits (TRPs): Validity, conditions and cancellation", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/validity-conditions-cancellation.html" + }, + { + "id": "pdi-tr-102-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Validity, conditions and — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Validity of a temporary resident permit (TRP)\nConditions and obligations\nRe-entry\nCancellation of a TRP\nWhen a TRP is invalid\nHow to cancel a TRP", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/validity-conditions-cancellation.html" + }, + { + "id": "pdi-tr-102-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Validity, conditions and — Validity of a temporary resident permit (TRP)", + "marginal_note": "Validity of a temporary resident permit (TRP)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Under section 63 of the Immigration and Refugee Protection Regulations (IRPR), an initial or subsequent temporary resident permit (TRP) may have a validity date of 1 day to 3 years. A TRP remains valid until the end of the validity period specified on the TRP unless the TRP is cancelled by an authorized decision maker.\nNote: A year is defined as a calendar year, since the total number of days is not specified in section 24 of the Immigration and Refugee Protection Act (IRPA). Therefore, a regular year represents 365 days, whereas a leap year represents 366 days.\nIf the TRP expires and the person has not applied for a new permit before its expiration, there is a break in continuity under the permit holder class. When determining the validity period, officers should\nissue a TRP for only the time required (for example, for 1 week to admit a person for a conference)\ndetermine if there is an ongoing need for the TRP and if so, consider that as part of the objectives of the IRPA\nconsider if any new inadmissibility grounds or other relevant factors have arisen since the last TRP was issued\nconsider that a TRP is not intended to provide continuous status for long periods of time, especially if the inadmissibility or non-compliance can be resolved and regular temporary resident status can be achieved\nremember that TRP holders may become eligible to apply for permanent resident status under the permit holder class after prescribed periods of time\nIn cases where the TRP holder is authorized to work or study, the validity period of all of the documents should be the same.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Validity of a temporary resident permit (TRP)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/validity-conditions-cancellation.html" + }, + { + "id": "pdi-tr-102-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Validity, conditions and — Conditions and obligations", + "marginal_note": "Conditions and obligations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "TRP holders in Canada must\nleave Canada before the TRP’s expiry date or upon cancellation of their TRP by an officer, or\napply for a subsequent TRP before the expiry of their TRP to remain in Canada\nRestoration and maintained status do not apply to TRP holders.\nTRP holders who do not comply with the provisions of the IRPA or IRPR, or whose circumstances change, may be subject to any combination of the following actions:\ncancellation of their TRP\nan inadmissibility subsection A44(1) report\na removal order", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Conditions and obligations", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/validity-conditions-cancellation.html" + }, + { + "id": "pdi-tr-102-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Validity, conditions and — Re-entry", + "marginal_note": "Re-entry", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "TRPs are not normally valid for re-entry to Canada; however, in compelling circumstances, re-entry may be authorized. In such cases, the authorization to re-enter Canada must be recorded accurately in the Global Case Management System (GCMS). The TRP itself must contain the following:\nDeparture from canada will not invalidate this temporary resident permit under regulation 63(b) .\nFor more information on how to record this information in GCMS, refer to the GCMS online help.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Re-entry", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/validity-conditions-cancellation.html" + }, + { + "id": "pdi-tr-102-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Validity, conditions and — Cancellation of a temporary resident permit", + "marginal_note": "Cancellation of a temporary resident permit", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Under subsection A24(1) , designated decision makers (PDF, 831 KB) may cancel a TRP at any time if circumstances warrant it. Upon cancellation of the TRP, the individual shall be directed to leave Canada or may be issued a removal order.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Cancellation of a temporary resident permit", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/validity-conditions-cancellation.html" + }, + { + "id": "pdi-tr-102-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Validity, conditions and — When a TRP is invalid", + "marginal_note": "When a TRP is invalid", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A TRP is no longer valid if a TRP holder leaves Canada and does not have authorization to re-enter. Therefore, if, when examining an application, an officer discovers that a TRP holder has left Canada, the TRP is invalid, per paragraph  R63(b) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: When a TRP is invalid", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/validity-conditions-cancellation.html" + }, + { + "id": "pdi-tr-102-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Validity, conditions and — How to cancel a TRP", + "marginal_note": "How to cancel a TRP", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: CBSA officers should be referring to CBSA-provided guidance on this topic.\nNotification of intention to cancel\nBefore making a final decision, the designated decision maker should consult the office where the TRP was issued and explain the change in circumstances.\nTo ensure procedural fairness (PDF, 597.29 KB) , notify the applicant in writing of the intention to cancel the permit.\nThe letter should\nstate the reason or reasons for the intention to cancel the TRP\nbe delivered to the client using their preferred correspondence channel\nNotification of cancellation\nWhen the final decision is made to cancel a TRP, whether representations were received or not, officers should send correspondence informing the person of the cancellation. The correspondence should include the effective date of the TRP cancellation and will, in most cases, instruct the person to leave Canada by a specified date. It should also state that if they do not leave by the specificed date they may be subject to enforcement action.\nEnforcement action for persons who are out of status\nA person whose TRP has expired or been cancelled maybe reported under subsection A44 (1) if the person does not leave Canada by the date specified. After a review of all factors, if the officer decides to prepare a subsection A44(1) report , it may be based on the following:\nthe original grounds\nnew grounds of inadmissibility other than the ones on which the TRP issuance was based, if applicable\noverstaying the period for which the person was allowed to enter or remain in Canada\nFor procedures for writing reports, admissibility hearings and removal orders, see ENF 3 (PDF, 626.22 KB) , ENF 5 (PDF, 421.72 KB) and ENF 6 (PDF, 504.44 KB) .\nIf a person’s whereabouts are unknown, officers refer the case to the CBSA to\nundertake a thorough investigation to locate the person\nissue a warrant for the arrest of the person reported under subsection A44(1)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: How to cancel a TRP", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/validity-conditions-cancellation.html" + }, + { + "id": "pdi-tr-103-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Subsequent permits", + "marginal_note": "Temporary Resident Permits (TRPs): Subsequent permits", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nTemporary resident permit (TRP) holders who are in Canada may remain longer by obtaining a subsequent TRP. They may submit the form Application to Change Conditions, Extend my Stay or Remain in Canada as a Visitor or Temporary Resident Permit Holder [IMM 5708] (PDF, 578 KB) . There are no extensions of existing TRPs. TRP holders do not benefit from maintained status .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary Resident Permits (TRPs): Subsequent permits", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/subsequent-permits.html" + }, + { + "id": "pdi-tr-103-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Subsequent permits — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Before approving a new TRP\nWhen a subsequent TRP may be issued\nWhen not to issue subsequent permits\nWhen to issue a new TRP instead of a subsequent TRP\nHow to issue a new TRP\nIf the person is also a study or work permit holder, they may seek the subsequent TRP directly with the respective in-Canada forms ( Application to Change Conditions, Extend My Stay or Remain in Canada as a Student form [IMM 5709] (PDF, 589 KB) and Application to Change Conditions, Extend My Stay or Remain in Canada as a Worker form [IMM 5710] (PDF, 583 KB) ). Applications for subsequent TRPs are sent to the Case Processing Centre in Edmonton (CPC-E). A small number of TRP applications are referred to local offices for clarification. If a client’s application is referred to a local office, they will be contacted by the local office to obtain additional information or clarification.\nExtension of temporary resident status cannot be given to permit holders at a migration office outside Canada. If the TRP permits re-entry to Canada, and the person wants to enter Canada after the expiry date, they must apply for a new TRP at the appropriate migration office .\nNote: The issuance of a new TRP, rather than a subsequent TRP, may indicate a break in continuity, which may affect eligibility for:\npermanent residence under the permit holder class;\nprovincial health coverage.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/subsequent-permits.html" + }, + { + "id": "pdi-tr-103-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Subsequent permits — Before approving a new TRP", + "marginal_note": "Before approving a new TRP", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Before approving a new TRP, the officer may contact the office or offices where any previous TRP has been issued to gather additional information that may not be available in the immigration systems, and the officer may consider:\nissuing a short validity period to allow for monitoring and regular reviews of the circumstances; if there has been no negative change to the need for the client to be in Canada or to the applicable risk factors, reviews can be less thorough or frequent;\nprocessing applications for subsequent TRPs at Domestic Network (DN) offices, where exceptional circumstances exist (such as in the case of victims of human trafficking).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Before approving a new TRP", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/subsequent-permits.html" + }, + { + "id": "pdi-tr-103-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Subsequent permits — When a subsequent TRP may be issued", + "marginal_note": "When a subsequent TRP may be issued", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A subsequent TRP may be issued when all of the following apply:\nThe client applied before expiry of the previous TRP.\nThe designated authority (PDF, 831 KB) has decided that the need for the client to be in Canada and applicable risk factors justify the client remaining in Canada, and the reason for inadmissibility has not changed (if it has, see When to issue a new TRP instead of a subsequent TRP ).\nThere are no new circumstances or inadmissibilities that would justify a refusal.\nThe TRP has not been deemed cancelled by departure from Canada (a permit is deemed cancelled if the holder leaves Canada, unless the document specifies otherwise).\nThe client has complied with any previous conditions imposed (for example, reported for medical examination, confirmed departure).\nThe general factors for TRPs have been considered.\nA subsequent TRP may be issued after the expiry of the previous TRP without a break in continuity if the client applied before the expiry of the TRP (following similar principles of maintained status in that the client shouldn’t suffer a break in status due to processing times).\nImportant: In this situation, officers should note “No break in continuity” in the User remarks.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: When a subsequent TRP may be issued", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/subsequent-permits.html" + }, + { + "id": "pdi-tr-103-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Subsequent permits — When not to issue subsequent permits", + "marginal_note": "When not to issue subsequent permits", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Permit holders outside Canada\nSubsequent TRPs must not be issued to TRP holders who are residing outside Canada.\nIf, after review of the case, officers at a DN office or at the CPC-E believe a TRP holder is outside Canada, they should schedule the client for an interview to determine if they are, in fact, in Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: When not to issue subsequent permits", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/subsequent-permits.html" + }, + { + "id": "pdi-tr-103-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Subsequent permits — When to issue a new TRP instead of a subsequent TRP", + "marginal_note": "When to issue a new TRP instead of a subsequent TRP", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If review of risk factors and the need for the client to be in Canada determine that issuance of a TRP is warranted, an officer should issue a new TRP in the following circumstances:\nThe client applied for a subsequent TRP after the expiry of the previous document.\nThe client is inadmissible for a new reason.\nThe client left Canada and is returning to Canada, and re-entry has not been previously authorized.\nThere are prolonged periods of absence from Canada that amount to a break in continuity of residence.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: When to issue a new TRP instead of a subsequent TRP", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/subsequent-permits.html" + }, + { + "id": "pdi-tr-103-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Subsequent permits — How to issue a new TRP", + "marginal_note": "How to issue a new TRP", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the officer decides to approve a new TRP, they must\nissue a new TRP if the client meets the requirements\nrecord a break in continuity of residence in Canada in GCMS\nrecord the previous TRP number in the appropriate field in GCMS or add the following to the “Remarks” section: “Has previously been in Canada on TRP #xxx”\nexplain the consequences of a break in continuity to the client in a covering letter\nremind the client of the importance of applying for a subsequent TRP in time", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: How to issue a new TRP", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/subsequent-permits.html" + }, + { + "id": "pdi-tr-104-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits: Work and study permits", + "marginal_note": "Temporary resident permits: Work and study permits", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nA temporary resident permit (TRP) does not exempt the TRP holder or their family members from the requirement to apply for work and study permits.\nWhen an application for a TRP (inside Canada) is approved, an officer may consider issuing\na work permit to a TRP holder if the TRP is valid for at least 6 months under subsection 199(d) of the Immigration and Refugee Protection Regulations\na study permit to a TRP holder or their family members if the TRP is valid for at least 6 months, and they meet the requirements applicable to foreign nationals seeking a study permit under paragraph R215(1)(e) of the IRPR\nNote: Unless applicants qualify for one of the TRP fee exemptions listed in subsection R298(2) , they are required to pay the TRP fee.\nWhen a foreign national applies outside Canada for a study permit or work permit, and they are issued a temporary resident permit (TRP) counterfoil instead of a TRV counterfoil as a result of their inadmissibility or inability to meet the requirements of the Act or Regulations, the TRP is fee exempt pursuant to the reference to paragraph R296(2)(d) listed in paragraph R298(2)(a) . Only the work permit or study permit fees are collected.\nThe exception described in paragraph R296(2)(d) applies specifically to foreign nationals requesting a work or study permit from outside Canada . This exception does not apply to foreign nationals who are inside Canada and submit a request for a TRP and a work or study permit.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary resident permits: Work and study permits", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/work-study-permits.html" + }, + { + "id": "pdi-tr-105-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Considerations specific to inadmissibility on", + "marginal_note": "Temporary Resident Permits (TRPs): Considerations specific to inadmissibility on health grounds", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe provisions covering inadmissibility on health grounds section A38 of IRPA and section R20 of IRPR were established by Parliament to protect Canadians from persons who are, or are likely to be, a danger to public health or to public safety, or when their entry into Canada would cause, or might be expected to cause, excessive demands on health or social services. Decisions to recommend and issue permits in these cases should be carefully considered.\nExample: Temporary residents coming to Canada for prearranged medical treatment may warrant favourable discretion.\nInformation about medical requirements can be found in the Program Delivery Instructions.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary Resident Permits (TRPs): Considerations specific to inadmissibility on health grounds", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-inadmissibility-on-health-grounds.html" + }, + { + "id": "pdi-tr-105-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Considerations specific t — Exceptions", + "marginal_note": "Exceptions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Inadmissibility on health grounds based on excessive demand does not apply to foreign nationals who:\nhave been determined to be a member of the family class and to be the spouse, common-law partner or child or a sponsor within the meaning of the Regulations\nhave applied for a permanent resident visa as a Convention refugee or a person in similar circumstances\nare protected persons\nwhere prescribed by the regulations, the spouse, common-law partner, child or other family member of a foreign national referred to above is also exempted ( section A 38 of IRPA ).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Exceptions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-inadmissibility-on-health-grounds.html" + }, + { + "id": "pdi-tr-105-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Considerations specific t — Risk assessment: what to consider", + "marginal_note": "Risk assessment: what to consider", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Is the person suffering from a communicable or contagious disease? This should be assessed in the context of threat to the travelling public and the community of destination. If precautions cannot guarantee that there will be no threat to anyone en route or in Canada, a permit should not be issued.\nCan the officials concerned and the public be protected or forewarned regarding any person who presents a health risk?\nHow severe is the person’s anticipated need for health or social services in relation to the demand for these services by Canadian residents?\nWhat is the cost of the treatment or care, if available?\nHow will the costs incurred in Canada be covered (insurance, family finances)?\nWhat arrangements are there to cover treatment, care and other costs?\nWill follow-up treatment at home or in Canada be required? Is it available in the home country, and if not, will this prevent the person from returning home?\nIn permanent resident cases, is the person likely to become self-supporting?\nIs there a risk the person will require public assistance?", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Risk assessment: what to consider", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-inadmissibility-on-health-grounds.html" + }, + { + "id": "pdi-tr-105-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Considerations specific t — Procedures", + "marginal_note": "Procedures", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Medically inadmissible temporary resident permit holders requiring continuous public assistance\nTRP holders who are inadmissible on health grounds are eligible for permanent resident status after three years in the permit holder class. If they are likely to need public assistance continuously, they are high-risk candidates for TRPs. an officer should be guided in these cases (M4 to M7) by the “Health Conditions” and “Narrative” sections contained in the Medical Notification IMM 5365B form or the Medical Status report from GCMS.\nRole of delegated decision maker\nThe delegated decision maker can make a decision on the TRP without having to consult any provincial or territorial authorities. If the decision is favourable, notify Health Branch at NHQ of the issuance of the TRP via e-mail.\nProvincial health insurance coverage\nApplicants should obtain information about eligibility directly from provincial or territorial plan administrators. Contact Operational Management and Coordination (OMC) for further guidance about eligibility for health insurance.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Procedures", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-inadmissibility-on-health-grounds.html" + }, + { + "id": "pdi-tr-106-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Considerations specific to inadmissibility on", + "marginal_note": "Temporary Resident Permits (TRPs): Considerations specific to inadmissibility on criminality grounds", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nConsiderations and instructions related to inadmissibility on criminality grounds can be found in ENF 1 – Inadmissibility ( PDF , 618.98 KB ) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary Resident Permits (TRPs): Considerations specific to inadmissibility on criminality grounds", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-inadmissibility-on-criminality-grounds.html" + }, + { + "id": "pdi-tr-106-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Considerations specific t — Risk assessment", + "marginal_note": "Risk assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In reviewing criminal cases, officers should verify the time elapsed since the sentence was served to determine whether the client might be eligible for rehabilitation or is deemed rehabilitated.\nThe onus is on the client to demonstrate their level of risk and that further criminal activity is unlikely.\nOfficers should assess:\nthe seriousness of the offence\nthe chances of committing further offences\nany behavioural or medical factors involved\nevidence of reform or rehabilitation\nwhether the influence of drugs, alcohol or a medical condition was a factor in the commission of the crime\nif there is a pattern of criminal behaviour (e.g., the offence was a single event and out of character)\nif all sentences have been completed, fines paid or restitution made\nif there are any outstanding criminal charges\nif there is any restriction of travel following probation or parole\neligibility for rehabilitation or a record of suspension\ntime elapsed since the offence occurred\ncontroversy or risk caused by the presence of the person in Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Risk assessment", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-inadmissibility-on-criminality-grounds.html" + }, + { + "id": "pdi-tr-106-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Considerations specific t — Frequent travellers", + "marginal_note": "Frequent travellers", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If a person is not eligible to obtain relief from the Minister or has not received a record of suspension, and if circumstances warrant facilitation, a TRP may be issued authorizing re-entry if:\nthe crime did not involve drugs (simple possession of marijuana/hashish may be excluded from this consideration)\nthe crime did not involve physical harm or violence\nthe crime resulted in a suspended sentence or probation (no jail term), unless it was the result of plea bargaining\nthe crime did not involve damage to property (impaired driving resulting in an accident would not be eligible)\nthe person has been fulfilling the conditions while on probation, if applicable\nthere are no more than two convictions\nthe crimes were both summary offences (arising out of one offence) and not indictable.\nExample: An officer can consider granting a TRP valid for re-entry to a frequent business traveller who was convicted of a minor criminal offence that makes the person inadmissible under subsection A36 (2) of IRPA and if the applicant meets the criteria listed above.\nFrequent travellers who have not applied for rehabilitation where eligible\nApplicants should be encouraged to apply for rehabilitation and officers should provide them with the “Application for Criminal Rehabilitation” ( IMM1444E ( PDF , 1.18 MB ) ).\nFrequent travellers who repeatedly seek TRPs but have not applied for rehabilitation in spite of being counselled to do so, should not warrant favourable consideration.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Frequent travellers", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-inadmissibility-on-criminality-grounds.html" + }, + { + "id": "pdi-tr-107-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific to victims of traffic", + "marginal_note": "Temporary resident permits (TRPs): Considerations specific to victims of trafficking in persons", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nTo enhance existing in-Canada mechanisms for protecting foreign nationals who may be victims of human trafficking (also known as “victims of trafficking in persons”), the Minister of Immigration, Refugees and Citizenship issued  Ministerial Instructions  (MIs) regarding the issuance of temporary resident permits (TRPs) to out-of-status foreign national victims of human trafficking and their dependants that are in Canada. IRCC has further developed guidance to be used in assessing TRP applications from these potential victims.\nThe objective of the MIs and the following guidance is to provide protection to vulnerable out-of-status foreign nationals who are victims of human trafficking and their dependants in Canada, by regularizing their temporary status in Canada through the issuance of a temporary resident permit, when the officer is of the opinion that it is justified in the circumstances. Protection measures also relate to their eligibility to apply for a work and/or study permit, and their access to healthcare coverage through the Interim Federal Health Program for the duration of their temporary resident permit, when the victims are not already covered under another healthcare program or insurance.\nThe issuance of TRPs for victims of human trafficking falls under IRCC’s activities under the protection pillar of the Government of Canada’s  National Strategy to Combat Human Trafficking .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary resident permits (TRPs): Considerations specific to victims of trafficking in persons", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html" + }, + { + "id": "pdi-tr-107-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Criteria to assess whether an applicant is a victim of human trafficking\nInitial TRP (based on an in-depth assessment)\nInitial TRP (based on a preliminary assessment)\nSubsequent TRP\nConsiderations\nDependants\nWork and study permits\nBackground information", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html" + }, + { + "id": "pdi-tr-107-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Criteria to assess whether an applicant is a victim of human", + "marginal_note": "Criteria to assess whether an applicant is a victim of human trafficking", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The criteria used to assess whether the applicant is a victim of human trafficking should include indications that the recruitment, transfer or transport of the foreign national was fraudulent, deceptive or coerced (for example, intimidation, extortion, kidnapping), and meets either of the following criteria:\nThe foreign national’s freedom was restricted; for instance:\nby the exercise of control (for example, receipt, harbouring, holding, concealing, directing, influencing over their movements or debt bondage)\nthe use of force (for example, abduction, physical assault, sexual assault, confinement, restraint)\nthe threat of the use of force\nThe foreign national was coerced into exploitative employment or other exploitative activities (for example, sexual exploitation, forced labour or services, slavery, organ removal).\nNote:  The 1-year bar to access a TRP under  subsection A24(4)  does not prevent an officer from considering and issuing or refusing a TRP for a potential victim of human trafficking on their own initiative.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Criteria to assess whether an applicant is a victim of human trafficking", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html" + }, + { + "id": "pdi-tr-107-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Initial TRP (based on an in-depth assessment)", + "marginal_note": "Initial TRP (based on an in-depth assessment)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When a foreign national first comes to the attention of IRCC, officers should attempt to conduct an in-depth analysis of the applicant’s situation. When an officer is able to do so, they should consider issuing a temporary resident permit for at least 12 months , if they have reasonable grounds to believe that the applicant is a victim of human trafficking. \nOfficers should adopt a 2-step decision-making process when assessing and considering whether to issue an initial TRP for victims of human trafficking. The 2-step decision-making process is as follows:\nAre there reasonable grounds to believe the individual is a victim of human trafficking?\nIs the issuance of a TRP for victims of human trafficking justified in the circumstances?\nStep 1\nThe first step is to verify through an in-depth assessment of the circumstances that an individual is a victim of human trafficking, which includes an assessment of credibility. This determination is based on the criteria listed above.\nShould the officer determine that there are reasonable grounds to believe that the foreign national is a victim of human trafficking, they should move to the second step of the decision-making process.\nFollowing the in-depth assessment, should the officer find no reasonable grounds to believe that the foreign national is a victim of human trafficking, they should refuse the application. If the application is refused, an officer may consider other available options, but should not proceed further with the application for a TRP for victims of human trafficking, as described in this PDI.\nStep 2", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Initial TRP (based on an in-depth assessment) (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html" + }, + { + "id": "pdi-tr-107-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Initial TRP (based on an in-depth assessment)", + "marginal_note": "Initial TRP (based on an in-depth assessment)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If an officer finds reasonable grounds to believe that the individual is a victim of human trafficking, the second step is for the officer to determine, at their discretion, whether a TRP for victims of human trafficking is warranted given the circumstances. Officers are justified in issuing an initial TRP for any of the following purposes:\nto allow them to escape the influence of the traffickers\nto provide them with a period of time to consider their options and help them make an informed decision on a future course of action\nto allow them to recover from physical and/or mental trauma resulting from the exploitation and abuse they were exposed to (for example, counselling and/or medical treatment may be necessary)\nfor any other purpose an officer may find relevant to facilitate the protection of vulnerable foreign nationals who are victims of human trafficking in Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Initial TRP (based on an in-depth assessment) (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html" + }, + { + "id": "pdi-tr-107-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Initial TRP (based on a preliminary assessment)", + "marginal_note": "Initial TRP (based on a preliminary assessment)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When a foreign national first comes to the attention of IRCC, it is not always possible for an officer to conduct an in-depth analysis to determine if an applicant is a victim of human trafficking, due to numerous factors, such as:\nthe complexity and urgency of the case\nthe trauma that a victim may have experienced or continues to experience\nthe victim is part of a group of individuals identified at the same time and interviewing each individual may not be operationally feasible.\nFor these reasons, officers may only be able to conduct a preliminary assessment that, based on the circumstances presented, there are reasonable grounds to believe that the individual may be a victim of human trafficking. The temporary resident permit issued following such a preliminary assessment should be valid for a period of up to 12 months.\nOfficers should follow the 2-step decision-making process when assessing and considering whether to issue a short-term initial temporary resident permit for victims of human trafficking.\nStep 1\nThe first step is to verify through a preliminary assessment of the circumstances that there are reasonable grounds to believe that an individual may be a victim of human trafficking, which includes an assessment of credibility. This determination is based on the criteria listed above.\nShould the officer determine that there are reasonable grounds to believe that the foreign national may be a victim of human trafficking, they should move to the second step of the decision-making process.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Initial TRP (based on a preliminary assessment) (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html" + }, + { + "id": "pdi-tr-107-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Initial TRP (based on a preliminary assessment)", + "marginal_note": "Initial TRP (based on a preliminary assessment)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Should the officer determine that there aren’t reasonable grounds to believe that the foreign national  may be  a victim of human trafficking, they should refuse the application. If the application is refused, an officer may consider other available options and refer to the relevant PDIs for guidance on those options.\nStep 2\nOfficers are justified in issuing a short-term initial TRP, of up to 12 months, for any of the following purposes:\nto allow them to escape the influence of the traffickers\nto provide them with a period of time to consider their options and help them make an informed decision on a future course of action\nto allow them to recover from physical and/or mental trauma resulting from the exploitation and abuse they were exposed to (for example, counselling and/or medical treatment may be necessary)\nfor any other purpose an officer may find relevant to facilitate the protection of vulnerable foreign nationals who are victims of human trafficking in Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Initial TRP (based on a preliminary assessment) (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html" + }, + { + "id": "pdi-tr-107-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Subsequent TRP", + "marginal_note": "Subsequent TRP", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Upon the submission of an application for a subsequent TRP for victims of human trafficking, an officer may issue a subsequent TRP for a duration of up to 3 years to an individual if they have determined, based on an in-depth assessment , that there are reasonable grounds to believe that the individual is a victim of human trafficking in persons, and that a subsequent TRP for victims of human trafficking should be issued.\nTo facilitate the decision-making process when assessing a subsequent TRP application, officers should adopt the following 2-step process.\nStep 1\nEstablish whether there are reasonable grounds to believe that the suspected victim is a victim of human trafficking (refer to the criteria ). A more complete verification of the facts, established through an interview with the applicant and in consultation with law enforcement, may be needed where appropriate.\nAgain, should the officer determine that there are reasonable grounds to believe that the foreign national is a victim of human trafficking, they should move to the second step of the decision-making process.\nIf an officer does not find reasonable grounds to believe that an individual is a victim of human trafficking, then a subsequent TRP should not be issued. If the application is refused, an officer may consider other available options, but should not proceed further with this PDI.\nStep 2\nOfficers will need to determine, at their discretion, whether a subsequent TRP should be issued given the circumstances, taking into consideration the purposes listed above.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Subsequent TRP", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html" + }, + { + "id": "pdi-tr-107-6-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Considerations", + "marginal_note": "Considerations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "It is important to note that the issuance of an initial TRP does not guarantee that the applicant will be issued a subsequent TRP.\nNote: Applicants are not required to provide a law enforcement endorsement or report to substantiate their application and may self-identify to IRCC as a victim of human trafficking. The absence of a law enforcement endorsement or report is not a valid reason to refuse an application.\nOfficers should take into account apparent risks when considering the circumstances of the victim; however, the goal of the assessment is not to duplicate the  pre-removal risk assessment (PRRA) process .\nNote:  Persons who have been trafficked to and inside Canada may have been kept in isolation from Canadian society, may be illiterate or unskilled, and may not have formed support networks that they want or are able to depend on to help them integrate into Canadian society. These circumstances should not weigh against affording them legal status.\nNote:  It is important to note that the issuance of a TRP for victims of human trafficking is not intended to be a pathway to permanent residence, but to respond to the precarious situation of the vulnerable temporary resident.\nIf the person is suspected or determined to be a victim of human trafficking, officers may assist them in contacting organizations that provide assistance to trafficked persons, their foreign representative in Canada, non-governmental organizations (NGOs), or provincial and municipal agencies.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Considerations (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html" + }, + { + "id": "pdi-tr-107-6-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Considerations", + "marginal_note": "Considerations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In certain instances, the individual may want to return to their country of citizenship or legal permanent residence. If the person is in the enforcement stream, Canada Border Services Agency (CBSA) is responsible for sending the person home; therefore, IRCC officers should contact the local CBSA office. If not in the enforcement stream, a referral should be made to the United Nations High Commissioner for Refugees (UNHCR) or the victim’s foreign representative and/or embassy (if specifically requested).\nEnforcement cases involving potential victims of human trafficking should be referred to The Family and Social Immigration Branch (FSIB) for guidance. This includes potential victims who have an active warrant.\nFollowing the issuance of an initial TRP, if the applicant is from a visa-exempt country, their  electronic travel authorization (eTA) should be cancelled in the Global Case Management System (GCMS) . If the applicant is from a visa-required country, and their visa was issued as a result of fraud or misrepresentation, please refer to the following procedures to cancel their visa:  Temporary residents: Cancellation of a temporary resident visa . FSIB should be contacted if there are questions or concerns about cancelling travel documents.\nIf the person chooses to file a refugee claim, refer to  In-Canada claims for refugee protection .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Considerations (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html" + }, + { + "id": "pdi-tr-107-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Dependants", + "marginal_note": "Dependants", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Dependants of victims of human trafficking who are in Canada without status are eligible for a TRP for victims of human trafficking (for dependants), an open work permit and study permit that are fee-exempt, and IFHP coverage .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Dependants", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html" + }, + { + "id": "pdi-tr-107-8-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Work and study permits", + "marginal_note": "Work and study permits", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A TRP valid for a minimum of 180 days makes the holder eligible to apply for a work and study permit. A TRP does not exempt the permit holder from the requirement to apply for a work and/or study permit if they wish to work and/or study in Canada. If the victim of human trafficking wants to apply for a work and/or study permit, the application should be processed by the IRCC processing office at the same time as the TRP application for victims of human trafficking, and not be directed to the Case Processing Centre in Edmonton (CPC-E).\nAny applications received at CPC-E and submitted by TRP for victims of human trafficking holders should be referred to the processing office that issued the TRP. They should not be processed by CPC-E.\nTRP for victims of human trafficking holders are also not eligible to apply for a temporary resident visa (TRV) from within Canada if their TRP is not authorized for re-entry.\nInterviewing\nOfficers must be sensitive to the personal situation of a suspected victim of human trafficking as they may be experiencing psychological and/or physical trauma. They may also require the assistance of an interpreter.\nThe objectives of conducting an interview are to\nestablish the facts of the case\nverify that the individual may be, is or was a victim of human trafficking, and establish credibility\nuse the facts to determine the best course of action for developing an immediate or long term response\nFor the purpose of assessing a TRP for victims of human trafficking application, IRCC has the sole authority to determine if\nthere are reasonable grounds to believe that the applicant is or may be a victim of human trafficking\na TRP for victims of human trafficking is justified given the circumstances", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work and study permits (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html" + }, + { + "id": "pdi-tr-107-8-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Work and study permits", + "marginal_note": "Work and study permits", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the victim is referred to IRCC by a law enforcement agency, that agency can assist with the preliminary assessment of the circumstances to verify whether an individual may be a victim of human trafficking. However, the final decision as to whether or not a TRP should be issued rests with IRCC.\nIf the potential victim is referred by an NGO, and if CBSA or the Royal Canadian Mounted Police (RCMP) have not already been consulted, consultations may occur provided the disclosure of information is permitted by the potential victim.\nIf a removal order has been issued against a potential victim of human trafficking by the CBSA, FSIB should be contacted immediately regardless of whether the client has a TRP for victims of human trafficking application in the system or not.\nIn reaching a decision, officers should keep in mind that the objective of these guidelines is to respond to the vulnerable situation of victims of human trafficking by providing them with a means of regularizing their temporary resident status in Canada, when the officer is of the opinion that it is justified in the circumstances.\nFor information on dealing with trafficked children, consult  ENF 21 – Recovering Missing, Abducted and Exploited Children (PDF, 285 KB) . Officers should be mindful of the rights of the child, and should contact provincial services for assistance.\nFor more detailed information regarding the interview, see  Interview guidelines .\nWhere an application is processed\nDue to the urgent nature of these cases and the vulnerability of the clients, TRP for victims of human trafficking applications are processed as a priority by Humanitarian and Identity Operations Branch (HIOB’s) Vulnerable Persons Unit (VPU). These individuals may, for instance:\nbe in Canada without status", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work and study permits (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html" + }, + { + "id": "pdi-tr-107-8-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Work and study permits", + "marginal_note": "Work and study permits", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "lack travel and identity documents\nbe living in a shelter or with their trafficker\nThese applications must  not  be directed to CPC-E. If these cases are identified at a case processing centre, efforts should be made to transfer the application to the VPU as expeditiously as possible.\nApplications for subsequent TRPs for victims of human trafficking must also be submitted to and processed by the VPU.\nThe VPU can be contacted by mail at:\nIRCC – Vulnerable Persons Unit\n5343 Dundas Street West, Suite 105\nToronto ON M9B 6K5\nPublic policy – Fees\nA public policy is in effect to exempt the payment of application fees for the initial and subsequent TRPs for victims of human trafficking, open work permit, study permit and biometrics fees.\nCost recovery\nThe open work permit privilege fee does not apply to work permits issued with a TRP under paragraph R208(b) and should not be charged.\nFor fee purposes, the TRP should be coded as M26 in  GCMS , the work permit should be coded as E12 and the study permit coded as 999.\nOther measures available\nForeign nationals who are victims of human trafficking may avail themselves of a number of other legislative and administrative measures in order to remain in Canada temporarily or permanently. These include refugee protection claims, applications for permanent residence under humanitarian and compassionate (H&C) considerations, and pre-removal risk assessments. The individual should be made aware of these options by the officer responsible for processing their case.\nNote: Requesting consideration of a regular TRP\nShould an applicant request that an officer consider the issuance of a regular TRP if the TRP for victims of human trafficking is going to be refused, the officer should", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work and study permits (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html" + }, + { + "id": "pdi-tr-107-8-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Work and study permits", + "marginal_note": "Work and study permits", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "request payment of the TRP fee from the applicant\nrefer the application to the general TRP queue (and placed in the queue based on the original date received)\nCollection of biometrics\nAs outlined in the public policy concerning the payment of application fees for victims of human trafficking, applicants and their dependents are fee-exempt for the provision of services in relation to the collection of biometrics information.\nUpon receipt of an application under these MIs, an officer will verify if valid biometrics results exist for the applicant and, if not, they will send a BIL letter to the applicant. Fee exemption code B12 should be used for the biometrics (if no valid biometrics results already exist).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work and study permits (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html" + }, + { + "id": "pdi-tr-107-9-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Background information", + "marginal_note": "Background information", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Methods used by traffickers\nTraffickers use a variety of methods to control their victims, which include but are not limited to\nconfiscation of their identification documents (including passports and travel documents)\nmonitoring and surveillance\nrestraint\nsexual assault\nviolence or threats of violence against them or their family members\nHuman trafficking may occur across or within borders, often involves extensive organized criminal networks, and violates the basic human rights of its victims.\nVictims of human trafficking may enter Canada illegally or legally. For example, victims may\nbe smuggled into Canada in a clandestine manner\nenter legitimately, with an approved electronic travel authorization (eTA) or temporary resident visa (TRV)\nenter legally but let their status expire\nTraffickers may use deception or false documents to fraudulently obtain visas or assist victims to be admitted at a port of entry. Victims of human trafficking may or may not be aware that they have entered Canada illegally. In certain cases, persons who enter Canada as legitimate visitors are subsequently exploited by traffickers.\nIdentifying victims of human trafficking who are in transit can be difficult. Exploitation may not yet have occurred, and potential victims would be unaware of the traffickers’ true intent. At this stage, victims may view traffickers as assisting, rather than exploiting them.\nImpact of trafficking on victims", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Background information (part 1 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html" + }, + { + "id": "pdi-tr-107-9-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Background information", + "marginal_note": "Background information", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Human trafficking results in a number of direct and indirect harmful consequences to its victims. Victims of human trafficking may be physically and/or sexually assaulted, confined, restrained and/or subjected to psychological abuse. Fear for their own personal safety, and for the safety of their loved ones, can cause additional emotional trauma and stress. Victims of human trafficking may also experience shame, low self-esteem and a sense of powerlessness. Many victims of human trafficking suffer from post-traumatic stress disorder, and they may fear or mistrust authorities.\nSmuggling versus trafficking\nHuman trafficking is often confused with migrant smuggling; however, it is important to be able to distinguish between the two.\nMigrant smuggling\nOccurs with the consent of the smuggled person.\nSmuggled persons are generally free to go once they arrive in the country of final destination, where they usually have no further contact with the smuggler.\nHuman trafficking\nInvolves the use of threats, force, fraud or other forms of coercion.\nVictims of human trafficking are not at liberty in their final destination. They are exploited for the labour or services they can provide.\nSimilarities between the two\nBoth migrant smuggling and human trafficking may present similarities and are often only distinguished after further investigation. Smuggled persons may become victims of human trafficking at any point in the smuggling process. Some may consent, for example, to being smuggled across a border, but find on arrival in the country of destination that debt bondage, or other forms of coercion, have been imposed. If this occurs, they become victims of human trafficking, regardless of whether they consented to being smuggled in the first place.\nInterview guidelines", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Background information (part 2 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html" + }, + { + "id": "pdi-tr-107-9-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Background information", + "marginal_note": "Background information", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "These interview guidelines and suggestions have been developed by the International Organization for Migration (IOM). While the intention is to be as facilitative as possible, it is at the discretion of the officer administering the interview to allow the suspected victim’s legal representative or any NGO representative to sit in on the interview with the suspected victim. Should an officer refuse a request from a representative to attend the interview, they should document in detail as to the reason why in GCMS.\nDuty of the interviewer\ninform the victim that the purpose of the interview is to assist the person\ntreat the victim-witness sensitively, with empathy and with full respect of their human rights\nadhere to the “Do no harm” principle\ncreate optimum conditions to minimize the stress of the interview\nput no undue pressure on the victim to make a statement\nprovide the victim with a fair opportunity to tell the story\nbe sensitive to any gender issues, such as the victim and interviewer being the same gender.\nInterview style\nCourteous, respectful, sensitive and aware of the issues.\navoid an authoritarian approach\navoid over-familiarity, through eye contact or body language\nask simple questions\nbe encouraging\nlisten actively\nallow free speech and avoid interruption\nbe aware that some questions may seek to recall painful events\nthe victim may need to take a break at any time.\nThe critical concepts to be detected in the interview are those of exploitation and loss of or limitations on liberty.\nTypical interview questions might include, but are not limited to the following.\nRecruitment and documentation\nHow did you get to Canada?\nDid anyone help you enter Canada?\nWhat did you think you were coming to Canada to do?", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Background information (part 3 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html" + }, + { + "id": "pdi-tr-107-9-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Background information", + "marginal_note": "Background information", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "How did you obtain the documentation used to enter Canada (if person entered Canada with documentation)?\nEmployment and coercion\nWhat did you come to Canada to do?\nWhat sort of work did you actually perform, once you arrived in Canada?\nWere you paid for your services? How much?\nDid your employer(s) say that you owed them anything? What for?\nDid you have to pay any of your earnings toward a debt?\nWere you allowed to keep any/all of your earnings?\nDo you believe that you still owe your employers anything?\nWorking conditions (exploitation)\nDid you and your employer have a written document setting out your respective entitlements and obligations? Do you have it?\nHow many hours a day did you work?\nWere you allowed any time off?\nWere you permitted time off if you were sick?\nRestriction on liberty and the use of force\nWere you allowed to communicate with family members?\nDid you live and work at the same place? If so, were you permitted to leave the premises as you wished?\nDid anyone accompany you if you did leave?\nWere threats made to you, your family members or others close to you?\nWhat happened to your identification documents after you arrived?\nWere you able to leave your job and seek another one, if you so wished?\nWhat did you believe would happen if you attempted to leave?\nTrafficking provisions under IRPA and the Criminal Code\nSections  A118 ,  A120  and  A121  establish a specific human trafficking offence and provide for stiff penalties for trafficking persons into Canada.\nSections 279.01, 279.02, 279.03 and 279.04  of the Criminal Code set out human trafficking offence and punishments.\nSeveral other Criminal Code offences have also been used to address human trafficking cases, including\nkidnapping,  subsections 279(1) and (1.1)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Background information (part 4 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html" + }, + { + "id": "pdi-tr-107-9-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Background information", + "marginal_note": "Background information", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "forcible confinement,  subsection 279(2)\nextortion,  subsection 346(1)\nintimidation,  section 423\nassault,  section 265  to  section 268\ncausing death or bodily harm by criminal negligence,  section 220  and  section 221\nhomicide,  section 222  to  section 228\nsexual assault,  section 271  to  section 273\nuttering threats,  subsection 264.1(1)\nconspiracy,  section 465\nchild abduction (non-parental),  section 280  and  section 281\nchild pornography,  section 163.1\norganized crime provisions,  section 467.1  to  section 467.13", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Background information (part 5 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-victims-human-trafficking.html" + }, + { + "id": "pdi-tr-108-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit (TRP) for victims of family violence", + "marginal_note": "Temporary resident permit (TRP) for victims of family violence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThese instructions aim to provide guidance to IRCC officers on the issuance of a fee-exempt temporary resident permit (TRP) for out-of-status foreign nationals experiencing family violence. This measure also extends access to fee-exempt work and study permits and Interim Federal Health Program (IFHP) coverage for these individuals, if the conditions warrant such a response.\nThe intention is for victims of family violence who are seeking a TRP to be assessed as expeditiously as possible, using the criteria outlined below. These TRPs are to be issued in accordance with  existing instructions for the issuance of TRPs  under subsection 24(1) of the Immigration and Refugee Protection Act (IRPA), as well as the corresponding  Ministerial Instructions (MI)  established in subsection 24(3) of the IRPA.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary resident permit (TRP) for victims of family violence", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/family-violence.html" + }, + { + "id": "pdi-tr-108-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit (TRP) for victims of family violen — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Criteria for a family violence TRP (FMV-TRP)\nCircumstances that may justify issuance of a FMV-TRP\nWhat constitutes family violence\nAssessing evidence of family violence\nInitial identification of cases\nProtection of individuals in cases of family violence\nHealth coverage\nWork permits and study permits\nCost recovery\nOther available measures", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/family-violence.html" + }, + { + "id": "pdi-tr-108-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit (TRP) for victims of family violen — Criteria for a family violence TRP (FMV-TRP)", + "marginal_note": "Criteria for a family violence TRP (FMV-TRP)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Family violence is generally defined as any form of abuse or neglect inflicted by a family member. In this context, TRPs are intended for cases of family violence from a spouse or common-law partner. In assessing if the criteria are met for issuance of a FMV-TRP, in accordance with the  corresponding MIs , the officer determines if there are reasonable grounds to believe that the out-of-status foreign national meets both of the following criteria:\nphysically located in Canada and experiencing abuse, including physical, sexual, psychological or financial abuse or neglect, from their spouse or common-law partner while in Canada\nseeking permanent residence that is contingent on remaining in a genuine relationship in which there is abuse\nDependent foreign national children of victims of family violence (both must be in Canada and without status) are also eligible for a family violence TRP.\nExamples of individuals who may be eligible include foreign nationals who\nare applicants of the family class or spouse or common-law partner in Canada class (SCLPC class) who have either already left their sponsor, due to abuse, or not yet left their sponsor, due to fear of losing their eligibility for permanent residence in Canada\ncannot be assessed for permanent residence because their sponsor (abusive spouse or common law partner) has withdrawn their family class or SCLPC class sponsorship application\nhave been misled and made to believe by an abusive spouse or common-law partner that their family class or SCLPC class permanent residence application has been submitted and is in process when, in fact, no application has been submitted", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Criteria for a family violence TRP (FMV-TRP) (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/family-violence.html" + }, + { + "id": "pdi-tr-108-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit (TRP) for victims of family violen — Criteria for a family violence TRP (FMV-TRP)", + "marginal_note": "Criteria for a family violence TRP (FMV-TRP)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "are intending to apply for permanent residence through a genuine relationship that has become abusive, but who may not yet have an application in process\nIn such cases, where the intention to apply for permanent residence may be difficult for the applicant to prove in concrete terms, officers should weigh all factors of the situation presented and apply discretion on a case-by-case basis to determine whether the individual meets the eligibility criteria for the TRP.\nThe applicant should be able to demonstrate that their abusive spouse is on a path that renders them, or will soon render them, eligible for permanent residence (for example: abusive spouse was an international student, is now the holder of a post-graduate work permit and will become eligible to apply for PR through express entry in a few months). \nThe officer should also take into consideration such factors as the individual’s ties to Canada and child custody or other family-law-related issues.\nIneligible individuals who are not considered to be seeking permanent resident status, per the corresponding MIs include, but are not restricted to, the following:\nthose seeking refugee protection who have not applied for permanent residence\nthose who have been granted refugee protection and reside in Canada as a protected person but have not applied for permanent residence", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Criteria for a family violence TRP (FMV-TRP) (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/family-violence.html" + }, + { + "id": "pdi-tr-108-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit (TRP) for victims of family violen — Criteria for a family violence TRP (FMV-TRP)", + "marginal_note": "Criteria for a family violence TRP (FMV-TRP)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Should the officer find no reasonable grounds to believe that the foreign national is a victim of family violence, they should refuse the application. Should the officer find no reasonable grounds to believe that the foreign national is seeking permanent residence that is contingent on remaining in the abusive relationship, they should refuse the application. If the application is refused, an officer may consider other available options, but should not proceed further with the application for a FMV-TRP, as described in this PDI.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Criteria for a family violence TRP (FMV-TRP) (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/family-violence.html" + }, + { + "id": "pdi-tr-108-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit (TRP) for victims of family violen — Circumstances that may justify issuance of a FMV-TRP", + "marginal_note": "Circumstances that may justify issuance of a FMV-TRP", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the victim of family violence has existing immigration status through another program, the officer should  not  issue a TRP.\nIf the officer finds reasonable grounds to believe that the foreign national is a victim of family violence, the officer may issue a TRP for a minimum of 12 months, based on the following considerations:\nto provide a period of reflection for victims of family violence who are out of status to further consider their immigration options\nto allow victims of family violence to escape the influence of their abuser so that they can make an informed decision on a future course of action\nthe foreign national’s ties to Canada\nchild custody or any other family law-related issue\nany other purpose the officer may judge relevant to facilitate the protection of vulnerable foreign nationals who are victims of family violence\nDepending on the circumstances, and at the officer’s discretion, a subsequent TRP may also be justified, with the above factors taken into consideration, in cases where there may be a benefit to the individual remaining in Canada for a longer period.\nForeign nationals who have faced family violence in Canada may\nhave been kept in isolation from Canadian society\nbe illiterate or unskilled\nnot have formed dependable support networks\nThese circumstances should not weigh against affording temporary resident status in this context to warranted cases.\nFamily violence TRP and pending requests for permanent residence in Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Circumstances that may justify issuance of a FMV-TRP (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/family-violence.html" + }, + { + "id": "pdi-tr-108-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit (TRP) for victims of family violen — Circumstances that may justify issuance of a FMV-TRP", + "marginal_note": "Circumstances that may justify issuance of a FMV-TRP", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "While it is anticipated that the majority of cases for a family violence TRP will come from applicants requesting permanent residence as members of the family class, allegations of abuse may also be raised within the context of an application for permanent residence submitted under other immigration classes (for example, the alleged victim could be the spouse of a principal applicant requesting permanent residence through an economic class managed through Express Entry, or the spouse of a principal applicant requesting permanent residence as a protected person). Officers must assess the allegations and determine the appropriate course of action.\nIn all such cases, the officer should use their discretion to assess whether or not a TRP is warranted if the alleged victim’s lack of status is an immediate concern. Officers may consider the best interests of any affected children, even though this is not a legislative requirement for TRP consideration. Officers should also consider if  humanitarian and compassionate (H&C) grounds  are appropriate for the case at hand.\nThe 1-year bar to access a TRP under subsection 24(4) of the IRPA does not bar an officer, on their own initiative, from considering if the issuance of a TRP is justified (for a victim of family violence or other foreign national).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Circumstances that may justify issuance of a FMV-TRP (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/family-violence.html" + }, + { + "id": "pdi-tr-108-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit (TRP) for victims of family violen — What constitutes family violence", + "marginal_note": "What constitutes family violence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Family violence is not just physical violence. A person may experience 1 or more forms of violence, including\nphysical abuse, including forcible confinement\nsexual abuse, including sexual contact without consent\npsychological abuse, including threats and intimidation\nfinancial abuse, including fraud and extortion\nneglect, consisting of the failure to provide the necessaries of life, such as\nfood\nclothing\nmedical care\nshelter\nany other omission that results in a risk of serious harm\nThe foreign national’s dependent child or children may also be experiencing or witnessing abuse or neglect.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: What constitutes family violence", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/family-violence.html" + }, + { + "id": "pdi-tr-108-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit (TRP) for victims of family violen — Assessing evidence of family violence", + "marginal_note": "Assessing evidence of family violence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To assess if an individual is a victim of family violence, officers must consider available evidence on a case-by-case basis, depending on what is put forward by the applicant.\nIRCC officers may allow victims to provide submissions and supporting evidence by\nmail\nemail\nfacsimile\nin-person or telephone interview\nEvidence could include\npolice records, including\noccurrence reports\npolice notes\nphotos\nrecognizance of bail\nreports indicating passport and travel documents were withheld, and the police had to retrieve them\ncriminal or family court documents, including\nsubpoenas\nrestraining orders\nprobation orders following convictions\nconviction certificates\nsentencing or trial transcripts\nvictim impact statements\nletters, statements or reports from a\nvictim or witness assistance program\nwomen’s shelter or domestic abuse support organization\nhospital\nmedical doctor or healthcare professional\nfamily services clinic\ncounsellor\nfamily, friend, neighbour, co-worker or other witnesses\nassessments by a\npsychologist\npsychiatrist\ntherapist or counsellor\nother healthcare professional\nphotos of injuries\ncopies of emails or text messages\nNote:  This list is not exhaustive and is simply intended to provide examples.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing evidence of family violence", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/family-violence.html" + }, + { + "id": "pdi-tr-108-6-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit (TRP) for victims of family violen — Initial identification of cases", + "marginal_note": "Initial identification of cases", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Preventing disclosure of family violence information\nCSC agents and officers  must  document in GCMS that information related to reports of family violence should be exempt under  section 17  of the Access to Information Act and  section 25  of the Privacy Act, using the following:\n***DO NOT DISCLOSE*** The enclosed information is intended for use in the administration of the Immigration & Refugee Protection Act (IRPA) or Citizenship Act. The content of the information is protected and exempted under section 17 of the Access to Information Act or s. 25 of the Privacy Act. Disclosure could reasonably be expected to be injurious to the enforcement of any law of Canada or a province or the conduct of lawful investigation and/or may contain personal information related to the client and/or a source.\nNote:  Any notes should be included on the “Client” screen. Officers should check the unique client identifier (UCI) on the “Client” screen for notes when accessing the file.\nWhere the application is processed\nDue to the urgent nature of these cases and the vulnerability of the applicants, family violence TRP applications are prioritized and processed by the Humanitarian and Identity Operations Branch (HIOB’s) Vulnerable Persons Unit (VPU). These individuals may\nbe in Canada without status\nlack travel and identity documents\nbe living in a shelter or with their abuser \nThese applications must  not  be directed to the Case Processing Centre in Edmonton (CPC-E). If these cases are identified at a case processing centre, efforts should be made to transfer the application to the VPU as expeditiously as possible.\nThe VPU can be contacted by mail at:\nIRCC – Vulnerable Persons Unit", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Initial identification of cases (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/family-violence.html" + }, + { + "id": "pdi-tr-108-6-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit (TRP) for victims of family violen — Initial identification of cases", + "marginal_note": "Initial identification of cases", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "5343 Dundas Street West, Suite 105\nToronto ON M9B 6K5\nApplications for subsequent family violence TRPs must also be submitted to and processed by the VPU.\nCases flagged through authorized representatives\nAuthorized representatives may assist the foreign national with applying for a TRP, due to family violence. These representatives may apply for a TRP on behalf of their client and send the application to the VPU without first contacting the CSC, per  existing public instructions . In such cases, representatives may use the code “FV” on the application envelope as a visual identifier to signal a case involving family violence.\nNote : If the processing office identifies an application for which the applicant or their representative has not used the “FV” code on the envelope but that clearly involves a situation in which the applicant is fleeing family violence, the application should be handled as an urgent and transferred to the VPU.\nCases identified through another government partner\nCases in which the foreign national is identified by the Canada Border Services Agency (CBSA) or another federal or provincial partner as a victim of family violence should be referred to the VPU on an urgent basis, using established points of contact.\nCases related to human trafficking\nIt is important to note that there may be cases in which a trafficked individual is also a victim of family violence, such as cases of intimate partner violence. In such cases,  Considerations specific to victims of human trafficking  should also be consulted.\nFamily class files – Requests for H&C considerations", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Initial identification of cases (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/family-violence.html" + }, + { + "id": "pdi-tr-108-6-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit (TRP) for victims of family violen — Initial identification of cases", + "marginal_note": "Initial identification of cases", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If, during the processing of the TRP, the applicant requests H&C considerations on their spousal family class or SCLPC class permanent residence application that is currently in process, the request should be referred to the office responsible for processing the permanent residence application. This allows the office processing the permanent residence application to follow  H&C guidelines , which also include instructions specific to applicants in the  SCLPC class .\nOfficers are encouraged to verify within GCMS to confirm whether the applicant has another application in process.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Initial identification of cases (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/family-violence.html" + }, + { + "id": "pdi-tr-108-7-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit (TRP) for victims of family violen — Protection of individuals in cases of family violence", + "marginal_note": "Protection of individuals in cases of family violence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "CSC agents and officers should confirm a safe telephone number, email address or mailing address at which to contact the victim.\nOfficers should indicate in GCMS notes all attempts made to contact the victim.\nNote:  Protection of the client’s information must start with the first contact by the client regarding the abuse.\nOfficers and CSC agents should be mindful to\ninclude case notes on the GCMS “Client” screen instead of the “Application” screen to protect the individual’s privacy\ndocument steps taken in GCMS\nnote that information should be exempt under section 17 of the Access to Information Act and section 25 of the Privacy Act, per the “Do Not Disclose” note above\navoid disclosing information about the victim if their sponsor or relatives contact the CSC regarding their file\ninform the abuse victim if their family class application will be closed or converted and that the sponsor or authorized representative will be notified to allow the abuse victim to put any necessary safety plan into effect before the sponsor or authorized representative receives the notification\navoid linking the TRP application to the family class application\nApplicant revocation of an authorized representative\nIf an individual has advised IRCC in writing that they would like to revoke their authorized representative, the officer should ensure that GCMS is updated immediately.  Use of representatives: Counselling applicants during interviews  outlines the course of action to be taken for the applicant to revoke their representative and designate a new one.\nIndividuals subject to a removal order", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Protection of individuals in cases of family violence (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/family-violence.html" + }, + { + "id": "pdi-tr-108-7-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit (TRP) for victims of family violen — Protection of individuals in cases of family violence", + "marginal_note": "Protection of individuals in cases of family violence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If a removal order is in place for an individual applying for a TRP, an IRCC manager or supervisor should contact the CBSA directly, in writing, to advise the CBSA of the situation. A note should also be made on the applicant’s UCI, stating that TRP issuance is being considered and requesting that the CBSA consult IRCC before taking further action. Ultimately, an IRCC manager or supervisor should contact the CBSA directly, in writing, to confirm if the TRP has been issued.\nInterview considerations\nThe officer may render a decision based on the documentation received. If the officer is not satisfied by the documentation provided, an interview may be warranted. If there are no impediments for the applicant, an in-person interview should be arranged.\nThere may be situations that make it difficult for a victim to attend an in-person interview:\ndistance\nfinances\nsafety issues\nIRCC officers should take these factors into consideration when requesting an in-person interview and may consider a virtual interview (through Teams) or a telephone interview instead. Officers should follow the safety precautions and interview considerations outlined in  Abuse: Interview considerations .\nThe objectives of the interview are to\nestablish the facts of the case to verify if there are reasonable grounds to believe the person is a victim of family violence\nuse the facts to determine the optimal length of the TRP if one is going to be issued", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Protection of individuals in cases of family violence (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/family-violence.html" + }, + { + "id": "pdi-tr-108-7-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit (TRP) for victims of family violen — Protection of individuals in cases of family violence", + "marginal_note": "Protection of individuals in cases of family violence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note:  Where there are allegations of family violence, and evidence is being requested, IRCC officers should ensure they send all communications to the foreign national directly (using the contact information provided by the individual). To avoid possible intervention by the perpetrator, if the officer is unable to assess the safety of the contact information, communications should not be sent.\nCorrespondence should provide a deadline for the submissions and outline the possible consequences of not providing a response (for example, a refusal).\nIf an IRCC officer is unable to contact an individual after 2 attempts (with lag time at the officer’s discretion) after the officer has received a request for a TRP due to family violence, the officer should render a decision based on the available information. They must update GCMS to indicate what steps have been taken and how the attempts to contact the individual have been made (for example, telephone calls, emails and letters).\nAny officer or agent who receives information regarding any form of abuse against a child or in the presence of a child must\nconsult existing instructions\nreport it to their immediate supervisor or manager", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Protection of individuals in cases of family violence (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/family-violence.html" + }, + { + "id": "pdi-tr-108-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit (TRP) for victims of family violen — Health coverage", + "marginal_note": "Health coverage", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "FMV-TRP holders who are not covered by a public or private health insurance plan are eligible for coverage of health-care benefits under the IFHP, per the discretionary authority of the Minister, under IFHP Cabinet-approved policy. Benefits include (for the duration of the TRP)\nbasic coverage (hospital services, physician care)\nsupplemental coverage (urgent dental and vision care, mental health counselling)\nprescription drug coverage\nNote:  If the applicant has already had an immigration medical examination covered under the IFHP, they are not eligible for a second. Also, any individual who has access to provincial or territorial coverage should not be issued IFHP coverage. The IFHP does not cover Canadian citizens, including babies born in Canada to IFHP beneficiaries.\nUnless the applicant has already completed an immigration medical examination within the last 12 months, they are required to undergo temporary resident medical screening if they intend to do either of the following:\nwork in a  field in which the protection of public health is essential\nremain in Canada for longer than 6 months after residing in a tuberculosis-endemic country for more than 6 consecutive months in the past year\nSee  Who must submit to an immigration medical examination  for more information.\nIn addition, certain applicants who have already undergone a medical examination may be eligible for a medical reassessment.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Health coverage", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/family-violence.html" + }, + { + "id": "pdi-tr-108-9", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit (TRP) for victims of family violen — Work permits and study permits", + "marginal_note": "Work permits and study permits", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A TRP that is valid for at least 180 days makes the holder eligible to apply for an open work permit and a study permit. A TRP does not exempt the permit holder from the requirement to apply for a work and study permit if they wish to work and study in Canada. A fee-exempt work and study permit should be offered to the client as an option to ensure they are aware that they are eligible for one. If the victim of family violence wants to also apply for a work and study permit, the application should be processed by the VPU at the same time as the TRP application, due to the urgent nature of this kind of case.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work permits and study permits", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/family-violence.html" + }, + { + "id": "pdi-tr-108-10", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit (TRP) for victims of family violen — Cost recovery", + "marginal_note": "Cost recovery", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Victims of family violence are exempt, either by regulations or by virtue of the  associated public policy , from the\nprocessing fee for the TRP, regardless of its duration\nfee for the work permit and study permit issued in conjunction with the TRP\nfee for the collection of biometrics\nNote:  The open work permit privilege fee does not apply to work permits issued with a TRP under paragraph R208(b) and should not be charged.\nCollection of biometrics\nUpon receipt of an application under these MIs, an officer will verify if valid biometrics results exist for the applicant and, if not, they will send a BIL letter to the applicant. Fee exemption code B12 should be used for the biometrics (if no valid biometrics results already exist).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Cost recovery", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/family-violence.html" + }, + { + "id": "pdi-tr-108-11", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permit (TRP) for victims of family violen — Other available measures", + "marginal_note": "Other available measures", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Foreign nationals who are victims of family violence, including those who may not be eligible for a TRP, may avail themselves of a number of other legislative and administrative measures to remain in Canada temporarily or permanently. These include\nextending or renewing their existing temporary status (work permit, study permit, or visitor status or record) if they have status in Canada\nrestoring their status  if they are out of status, as they may be eligible\nsubmitting an economic class application\napplying for a general TRP\nrequesting consideration of a general TRP should the FMV TRP be refused (see note below)\nobtaining a stay or deferral of removal\napplying for permanent residence under H&C considerations\nclaiming refugee protection and applying for a pre-removal risk assessment (PRRA), if applicable\nNote: Requesting consideration of a regular TRP\nShould an applicant request that an officer consider the issuance of a regular TRP if the FMV TRP is going to be refused, the officer should\nrequest payment of the TRP fee from the applicant\nrefer the application to the general TRP queue (and placed in the queue based on the original date received)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Other available measures", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/family-violence.html" + }, + { + "id": "pdi-tr-109-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific to foreign nationals ", + "marginal_note": "Temporary resident permits (TRPs): Considerations specific to foreign nationals who were in state care", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThese instructions aim to provide guidance to IRCC officers on the issuance of a temporary resident permit (TRP) to foreign nationals who were in state care (and their eligible family members in Canada). These instructions are effective on September 29, 2023.\nThe Minister of Immigration, Refugees and Citizenship has issued ministerial instructions (MIs) regarding the issuance of temporary resident permits (TRPs) to support certain individuals who came to Canada under the age of 19 and were under the legal responsibility of the child protection system but never obtained citizenship. In some cases, provincial and territorial child welfare agencies did not apply for permanent residence or citizenship on their behalf when they were eligible and in their care, while others subsequently lost their permanent resident or temporary resident status. Some of these individuals are now at risk of removal.\nThe intention is for these TRP applications to be assessed as expeditiously as possible using the criteria outlined below. These TRPs are to be issued in accordance with the existing instructions for the issuance of TRPs under subsection 24(1) of the Immigration and Refugee Protection Act (IRPA), as well as the corresponding ministerial instructions (MI) established in subsection 24(3) of the IRPA.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary resident permits (TRPs): Considerations specific to foreign nationals who were in state care", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/state-care.html" + }, + { + "id": "pdi-tr-109-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Eligibility\nBalancing and TRP issuance\nWhere the TRP application is processed\nIndividuals subject to a removal order\nAssessing evidence of state care\nInterview considerations\nWork permit and study permit issuance\nPublic policy – Fees\nCost recovery\nCollection of biometrics", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/state-care.html" + }, + { + "id": "pdi-tr-109-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To be eligible for these measures, principal applicants must\nnot have valid status in Canada at time of application\nbe physically present in Canada at time of application\nhave come to Canada before they were 19 years of age\nhave continuously resided in Canada for at least 3 years at the time of application\nhave continuously resided in Canada since the age of 19, if over the age of 19\nhave been under the legal responsibility of a child and family services provider under a provincial or territorial government’s designated ministry for at least 1 year (cumulative)\nonly be inadmissible pursuant to any of the following:\nsubsection 36(1) of the Act on serious criminality grounds\nsubsection 36(2) of the Act on criminality grounds\nparagraph 38(1)(c) of the Act on health grounds for a health condition that might reasonably be expected to cause excessive demand on health or social services\nsection 39 of the Act on financial reasons\nparagraph 40(1)(a) of the Act for no other reasons than related to their entry to Canada or overstaying their temporary resident status and working or studying without authorization\nparagraph 40(1)(b) of the Act for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation\nsubsection 41(a) of the Act for non-compliance\nsection 42 of the Act where the family member is inadmissible, except where the family member is inadmissible under subsections 34(1), 35(1) or 37(1) of the Act\nTo be eligible for these measures, family members must\nnot have valid status in Canada at time of application\nbe physically present in Canada at time of application\nbe the family member of an individual who meets the criteria outlined for principal applicants above and was issued a TRP", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/state-care.html" + }, + { + "id": "pdi-tr-109-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "meet the definition of a “family member” in subsection 1(3) of the Regulations\nbe inadmissible only pursuant to any of the following:\nparagraph 40(1)(a) of the Act for no other reasons than related to their entry to Canada or overstaying their temporary resident status and working or studying without authorization\nsubsection 41(a) of the Act for no other reasons than overstaying their temporary resident status and working or studying without authorization\nsection 42 of the Act where the family member is inadmissible, except where the family member is inadmissible under subsections 34(1), 35(1) or 37(1) of the Act\nNote: Family members are defined as persons who meet the definition of a “family member” in subsection 1(3) of the Immigration and Refugee Protection Regulations (the Regulations), as assessed by the officer.\nNote: Should an applicant not meet the requirements of the ministerial instructions, officers, at their discretion, may consider the issuance of a regular TRP under 24(1) if justified under the circumstances.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/state-care.html" + }, + { + "id": "pdi-tr-109-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Balancing and TRP issuance", + "marginal_note": "Balancing and TRP issuance", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Once an officer is satisfied that an applicant meets the eligibility criteria to be issued a TRP (as per A24(1)) and also meets the criteria for their TRP application to be processed under the MIs (as per A24(3)), then the designated decision maker must determine if issuing a TRP is justified under this applicant’s specific circumstances. To do so, the designated decision maker must analyze the applicant’s situation to determine if 1) The applicant’s purpose to remain in Canada is balanced when the objectives of the IRPA are considered, and 2) The issuance outweighs any risks that might exist and is compelling and sufficient to overcome any risks that the applicant might pose.\nIf the designated decision maker determines that issuing a TRP is justified in the circumstances, the officer may issue a TRP with a validity of a minimum of 1 year.\nDepending on the circumstances, and at the officer’s discretion, a subsequent TRP may also be justified. In determining the need for a subsequent TRP, officers should consider the same factors listed in the MIs.\nIf applicants do not hold a document referred to in subsection 52(1) of the Regulations or if they are unable to obtain a document enumerated at subsection 52(1), officers may accept other documents to substantiate the identity of an applicant, such as, but not limited to, those documents described in subsections 178(1) and 178(2) of the Regulations.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Balancing and TRP issuance", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/state-care.html" + }, + { + "id": "pdi-tr-109-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Where the TRP application is processed", + "marginal_note": "Where the TRP application is processed", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "These TRP applications must be submitted to the Humanitarian Migration Office in Vancouver, while the Humanitarian Migration Office in Toronto will be responsible for processing these applications as a priority.\nThese applications must not be directed to CPC-Edmonton. If an application is identified at a Case Processing Centre, it should be transferred to HM-Toronto as expeditiously as possible. Org IDs will be used to identify those applications and facilitate transfer to HM-Toronto.\nApplications for a subsequent TRP under these MIs must also be submitted to HM-Vancouver and processed at HM-Toronto.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Where the TRP application is processed", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/state-care.html" + }, + { + "id": "pdi-tr-109-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Individuals subject to a removal order", + "marginal_note": "Individuals subject to a removal order", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If a removal order is in place for an individual applying for this TRP, an IRCC manager or supervisor must advise the CBSA of the situation in writing. The notification email should be sent to the CBSA officer in carriage of the removals file and copied to the CBSA Removals Operations.\nAs these applications must be processed as a priority, the CBSA can be contacted once the decision has been made, except if more information or an interview is required before an application can be finalized. In such cases, the following steps must be followed:\nThe CBSA must be contacted upon receipt of the application.\nA note must be made on the individual’s UCI stating that TRP issuance is being considered and requesting that the CBSA consult IRCC before taking further action.\nOnce the decision has been made, an IRCC manager or supervisor must contact the CBSA directly, in writing, to confirm whether the TRP was issued.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Individuals subject to a removal order", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/state-care.html" + }, + { + "id": "pdi-tr-109-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Assessing evidence of state care", + "marginal_note": "Assessing evidence of state care", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "For the purposes of these instructions, “under the legal responsibility of a child and family services provider” refers only to situations where the responsible provincial or territorial authorities obtained full legal “parental” responsibilities for the child by court order.\nIn order to demonstrate the period(s) of time they were in state care, applicants may submit documents such as, but not limited to, the following:\ncourt documents\nan attestation letter from a provincial or territorial child welfare agency who was granted legal responsibility for the child\nan attestation letter from a child service institution, confirming the child’s attendance during a specific period\nattendance records from a child service institution", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing evidence of state care", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/state-care.html" + }, + { + "id": "pdi-tr-109-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Interview considerations", + "marginal_note": "Interview considerations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The officer may render a decision based on the documentation received. If the officer is not satisfied with the documentation provided, a procedural fairness letter or an interview (in person or telephone) may be warranted.\nIf an IRCC officer is unable to contact an individual after 1 attempt (with lag time at the officer’s discretion) the officer should render a decision based on the available information.\nIt is highly recommended that all processing steps are thoroughly captured in GCMS, including but not limited to telephone calls, emails and letters).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Interview considerations", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/state-care.html" + }, + { + "id": "pdi-tr-109-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Work permit and study permit issuance", + "marginal_note": "Work permit and study permit issuance", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A TRP that is valid for at least 6 months makes the holder eligible to apply for an open work permit and a study permit. If a foreign national who was in state care (or the dependent of a foreign national who was in state care) wants to apply for a work or study permit, the application should be submitted and processed by the HM office at the same time as the TRP application, if the TRP application is going to be approved.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Work permit and study permit issuance", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/state-care.html" + }, + { + "id": "pdi-tr-109-9", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Public policy – Fees", + "marginal_note": "Public policy – Fees", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A public policy is in effect to exempt the payment of application fees for the TRP and the open work or study permit when issued for at least 6 months. The fee for the collection of biometrics information is also exempted under this public policy.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Public policy – Fees", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/state-care.html" + }, + { + "id": "pdi-tr-109-10", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Cost recovery", + "marginal_note": "Cost recovery", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The open work permit privilege fee does not apply to work permits issued with a TRP under paragraph R208(b), and should not be charged.\nFor fee purposes, the TRP, work permit and study permit should be coded as 999 in GCMS. Exemption code B12 should be used for the biometrics (if no valid biometrics results already exist).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Cost recovery", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/state-care.html" + }, + { + "id": "pdi-tr-109-11", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Considerations specific t — Collection of biometrics", + "marginal_note": "Collection of biometrics", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Upon receipt of an application under these MIs, an officer will verify if valid biometrics results exist for the applicant and, if not, they will send a BIL letter to the applicant.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Collection of biometrics", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/state-care.html" + }, + { + "id": "pdi-tr-110-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Removal orders and immigration warrants", + "marginal_note": "Temporary Resident Permits (TRPs): Removal orders and immigration warrants", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary Resident Permits (TRPs): Removal orders and immigration warrants", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/removal-orders-immigration-warrants.html" + }, + { + "id": "pdi-tr-110-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Removal orders and immigr — Issuing temporary resident permits to persons under a remova", + "marginal_note": "Issuing temporary resident permits to persons under a removal order", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Under the IRPA, a foreign national under a removal order may be issued a TRP. In some circumstances, issuing a TRP may be required when enforcement of the removal order is not possible.\nConsult with CBSA before issuing the TRP, and/or Case Management Branch, depending on the circumstances.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Issuing temporary resident permits to persons under a removal order", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/removal-orders-immigration-warrants.html" + }, + { + "id": "pdi-tr-110-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Removal orders and immigr — Individuals named in an immigration warrant", + "marginal_note": "Individuals named in an immigration warrant", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Under section A55 (1) of IRPA , an officer may issue a warrant for the arrest and detention of a permanent resident or a foreign national who the officer has reasonable grounds to believe is inadmissible and is a danger to the public or is unlikely to appear for examination, for an admissibility hearing, for removal from Canada or at a proceeding that could lead to the making of a removal order by the Minister under subsection A44(2) of IRPA .\nAfter a full investigation, if the foreign national cannot be located, a Canada-wide warrant for their arrest is entered in the Canadian Police Information Centre (CPIC) system by the officer conducting the investigation.\nWhen an individual named in a warrant submits an application, CIC must inform CBSA.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Individuals named in an immigration warrant", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/removal-orders-immigration-warrants.html" + }, + { + "id": "pdi-tr-111-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Considerations specific to stateless children", + "marginal_note": "Temporary Resident Permits (TRPs): Considerations specific to stateless children of Canadian citizens", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nChildren born on or after April 17, 2009 to a Canadian parent may be stateless. In order to provide an additional route to citizenship for the stateless children of Canadians, the Citizenship Act contains a new provision under subsection 5(5) of the Citizenship Act for a grant of citizenship for persons born outside Canada to a Canadian parent in the second or subsequent generation who are, and who have always been, stateless.\nChildren born outside Canada to a Canadian parent in the second or subsequent generation may be eligible to be sponsored for permanent residence in the family class.\nFor a stateless person, the issuance of a TRP may be an alternative option that will allow them to enter Canada in order to meet the residence requirements of the provision of subsection 5(5) of the Citizenship Act .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary Resident Permits (TRPs): Considerations specific to stateless children of Canadian citizens", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-stateless-children-canadian-citizens.html" + }, + { + "id": "pdi-tr-111-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Considerations specific t — Overview of the process", + "marginal_note": "Overview of the process", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Stage 1: In determining that the client may be able to access a subsection 5(5) grant , officers should take into consideration:\npresenting evidence of statelessness;\npresenting evidence of a Canadian citizen birth parent;\nthe residence requirement of the grant and the age of the applicant; and\nreviewing the prohibitions to a grant under subsection 5(5) of the Citizenship Act .\nStage 2: TRP processing\nIncludes the collection of the cost-recovery fee.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Overview of the process", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-stateless-children-canadian-citizens.html" + }, + { + "id": "pdi-tr-111-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Considerations specific t — Eligibility", + "marginal_note": "Eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The onus is on the client to provide sufficient evidence to satisfy the visa officer, on a balance of probabilities that they are, and have always been, stateless.\nStatelessness refers to the status of an individual who is not recognized as a national by any state under its domestic law. Persons born to a Canadian parent may be stateless at birth because they were born outside of Canada on or after April 17, 2009 to a Canadian parent who was also born outside Canada and they do not acquire citizenship by descent due to the laws of other countries of which their parents are also citizens or they do not acquire citizenship of the country of their birth because of the laws of that country.\nExamples of documentary evidence of statelessness may include:\ntravel documents issued to stateless persons by other countries or international organizations such as the International Committee of the Red Cross\na “No Record” letter or similar document issued by the appropriate authorities of the country of the applicant’s birth and other countries where the applicant has lived for more than five consecutive years.\nA person born stateless to a Canadian parent may be in a vulnerable situation and may not have access to documentary evidence to demonstrate, on a balance of probabilities that they are, and have always been, stateless. In situations where the above documentary evidence is not available, secondary evidence may be acceptable. For example, legal statutes, case law, research from recognized academic authorities or other reliable and credible evidence.\nFor technical assistance and questions relating to relevant nationality laws, contact Citizenship Program Delivery.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-stateless-children-canadian-citizens.html" + }, + { + "id": "pdi-tr-111-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Considerations specific t — Processing", + "marginal_note": "Processing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Evidence of birth parent’s citizenship status\nThe onus is on the client to submit satisfactory evidence of their Canadian parent’s citizenship status, which is usually done by presenting acceptable documentary evidence.  If the client’s parent has no evidence of citizenship, the officer may suggest that the client’s parent be encouraged to file an application for proof of citizenship through the Consular office or, alternatively, that the client makes an application for a search of records under the Citizenship Act. A search of records can only confirm if a citizenship certificate was issued in the past to an individual; it is not proof of citizenship and a search that results in a “no record” does not mean that the individual is not a Canadian citizen.\nThese documents are recognized by CIC as acceptable evidence of the Canadian parent’s Canadian citizenship status .\nNote: Individuals born in Canada who had at least one parent with diplomatic status in Canada, and neither parent is a citizen or permanent resident, are not citizens by birth. Individuals in this situation cannot use a birth certificate as proof of citizenship.\nAn applicant who presents a Canadian provincial or territorial birth certificate as proof of their Canadian parent’s citizenship would not be stateless; they are likely  a Canadian citizen by descent. In that case, the client’s parent should be encouraged to submit an application for a citizenship certificate (proof of citizenship) for their child through the Consular office.\nIf the citizenship document has been lost or destroyed other evidence of the parent's citizenship, such as a Canadian passport, may be accepted.  ", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Processing (part 1 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-stateless-children-canadian-citizens.html" + }, + { + "id": "pdi-tr-111-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Considerations specific t — Processing", + "marginal_note": "Processing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To request a search, an officer can send an e-mail to CPC Sydney including the full name and date of birth of the Canadian parent(s) and the citizenship document type and number. If both parents are citizens, information and documents for both parents should be sent to CPC-Sydney.\nCPC-Sydney will search for a record and will provide the following information, if available:\nif the citizenship document is valid\nwhere the Canadian citizen parent was born\nif the parent is a citizen because they were granted Canadian citizenship, and the effective date of citizenship\nwhether the parent renounced citizenship or if it was revoked and, if so, the date\nwhether the parent was born outside Canada to a Canadian parent\nif the parent retained citizenship, if necessary\nthe place and date of birth of child's the grandparents, if available.\nExplanation of responses from CPC-Sydney:\nIf CPC-Sydney confirms at least one of the child's natural parents was born in Canada or was naturalized/granted citizenship , the child is likely a citizen. The visa section will refer the parent/applicant to the consular office to file an application for a citizenship certificate (proof of citizenship) for the child.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Processing (part 2 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-stateless-children-canadian-citizens.html" + }, + { + "id": "pdi-tr-111-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Considerations specific t — Processing", + "marginal_note": "Processing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If CPC-Sydney confirms that the records indicate that the client's natural parent(s) is a citizen by descent or received a grant of citizenship under 5.1 (adoption provision), the visa officer will know that the client was not a Canadian citizen when the client was born (unless at least one of the client's natural parents is a Canadian who was working outside Canada as an employee of the Canadian government, other than as a locally-engaged employee, an employee of a Canadian province or territory, or was serving outside Canada with the Canadian Forces).\nIf CPC-Sydney confirms that the parent was not a citizen when the client was born (for example, if the parent lost citizenship because he/she failed to retain citizenship), the client is not eligible for the stateless grant.\nIf CPC-Sydney cannot confirm that the parent was a citizen when the client was born , the visa officer will direct the client’s parent to the consular office to file a proof application.\nResidence requirement and age\nIn order to be eligible for a grant of citizenship under subsection 5(5) of the Citizenship Act , a client must:\nbe born outside Canada on or after April 17, 2009,\nbe less than 23 years of age at the time of application for the grant, and\nhave resided in Canada for at least three years during the four-year period immediately before the date of application for a grant.\nCareful consideration should be given before issuing TRPs to clients who will not be able to meet the residence requirement prior to their 23 rd birthday and each case must be assessed on its own merits to determine whether issuance of a TRP is justified in the circumstances.\nConsiderations related to a grant of citizenship under subsection 5(5) of the Citizenship Act", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Processing (part 3 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-stateless-children-canadian-citizens.html" + }, + { + "id": "pdi-tr-111-3-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Considerations specific t — Processing", + "marginal_note": "Processing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To be eligible for a grant of citizenship under subsection 5(5) of the Citizenship Act , applicants must not have been convicted of any of the following offences:\na terrorism offence, as defined in section 2 of the Criminal Code\nan offence under any of sections 47 of the Criminal Code , section 51 of the Criminal Code or section 52 of the Criminal Code\nan offence under subsection 5(1) of the Security of Information Act or any of sections 6 of the Security of Information Act and section 16 of the Security of Information Act to section 22 of the Security of Information Act\nconspiring, attempting to commit, being an accessory after the fact or counseling in relation to any offence referred to in the second and third bullets above.\nIn addition, an applicant must not be the subject of a declaration by the Governor in Council in matters of security, under section 20 of the Citizenship Act .\nTRP processing\nThe majority of stateless individuals will not meet the requirements of the IRPA to enter Canada which is why a TRP may be necessary. Some stateless persons may not have acceptable travel documents so they may not meet the requirements of subsection R179(c) of RIPR .\nNegative decisions may result in a stateless client remaining stateless due to the inability to enter Canada to meet the requirements to obtain the 5(5) grant of citizenship . Negative decisions should be clear, well-founded and documented.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Processing (part 4 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-stateless-children-canadian-citizens.html" + }, + { + "id": "pdi-tr-111-3-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Considerations specific t — Processing", + "marginal_note": "Processing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The onus is on the client to submit satisfactory evidence of their Canadian parent’s citizenship status, which is usually done by presenting acceptable documentary evidence.  If the client’s parent has no evidence of citizenship, the officer may suggest that the client’s parent be encouraged to file an application for proof of citizenship through the Consular office or, alternatively, that the client makes an application for a search of records under the Citizenship Act. It should be noted that a search of records can only confirm if a citizenship certificate was issued in the past to an individual; it is not proof of citizenship and a search that results in a “no record” does not mean that the individual is not a Canadian citizen.\nThe client may present to the officer documents which are recognized by CIC as acceptable evidence of the Canadian parent’s Canadian citizenship status .\nNote: Individuals born in Canada who had at least one parent with diplomatic status in Canada, and neither parent is a citizen or permanent resident, are not citizens by birth. Individuals in this situation cannot use a birth certificate as proof of citizenship.\nTravel document\nIt is possible that the stateless client may not have a travel document. In such cases clients may be issued a Single Journey Travel Document (SJTD – IMM 5565B) in addition to the TRP counterfoil to allow them to travel to Canada.\nApplicants without travel documents should be counselled regarding the limitations on their ability to leave and re-enter Canada.\nPermit validity\nAs section 5(5) of the Citizenship Act requires stateless persons to be residents for three years during the four-year period before applying for citizenship, issue the initial TRP for the three-year maximum validity period.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Processing (part 5 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-stateless-children-canadian-citizens.html" + }, + { + "id": "pdi-tr-111-3-p6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Considerations specific t — Processing", + "marginal_note": "Processing", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Counsel clients about applying inland for a subsequent TRP in order to cover the time required to complete the citizenship processing and, in some cases, meet the residence requirement.\nAssessment of an application for a subsequent TRP\nAssess the applicant for any new inadmissibility. If a new inadmissibility is discovered, the officer has the discretion to issue a new TRP or to refuse the application, depending on the circumstances.\nSupport negative decisions with documentary evidence as a stateless client may remain stateless due to the inability to obtain a 5(5) grant of citizenship . In addition, the client may not possess a travel document to leave Canada and refusal may result in an unenforceable removal order.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Processing (part 6 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/considerations-specific-stateless-children-canadian-citizens.html" + }, + { + "id": "pdi-tr-112-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Authorities and accountability", + "marginal_note": "Temporary resident permits (TRPs): Authorities and accountability", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe Immigration and Refugee Protection Act (IRPA) authorizes an officer to issue a temporary resident permit (TRP) under section A24 . The officer must follow any instructions given by the Minister on issuing this permit. Initial permits may be issued by the designated decision maker (PDF, 831 KB) at\nvisas offices abroad\nports of entry (POEs)\nIRCC inland offices\nthe Case Processing Centre in Ottawa (CPC-O)\nthe Operations Support Centre (OSC)\nthe Case Processing Centre in Edmonton (CPC-E)\nHowever, only inland offices may issue subsequent TRPs (formally referred to as extensions).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary resident permits (TRPs): Authorities and accountability", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/authorities-accountability.html" + }, + { + "id": "pdi-tr-112-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident permits (TRPs): Authorities and accountab — Accountability", + "marginal_note": "Accountability", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers must recommend or issue permits only in accordance with the IRPA and Immigration and Refugee Protection Regulations and follow the guidelines contained in the program delivery instructions (PDIs). Officers must leave detailed notes, a record of their decision and the recommendation in the Global Case Management System (GCMS), regardless of a positive or negative decision.\nClear records of decisions allow for the monitoring and research necessary for the preparation of the Annual Report to Parliament. Per paragraph A94(2)(d) , the number of TRPs issued is included in the annual report, and they are categorized according to the grounds of inadmissibility. The Minister is accountable to Parliament for the issuance of TRPs.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Accountability", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/authorities-accountability.html" + }, + { + "id": "pdi-tr-113-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Information-gathering (including interviews)", + "marginal_note": "Temporary Resident Permits (TRPs): Information-gathering (including interviews)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary Resident Permits (TRPs): Information-gathering (including interviews)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/information-gathering-including-interviews.html" + }, + { + "id": "pdi-tr-113-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Information-gathering (in — Interviews", + "marginal_note": "Interviews", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "An officer may interview the client as part of the enforcement, selection or counselling process. Interviews provide officers with information regarding possible inadmissibility and violations of the Act. An officer may also use interviews to assess credibility, confirm facts related to need and/or risk and communicate concerns to the client.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Interviews", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/information-gathering-including-interviews.html" + }, + { + "id": "pdi-tr-113-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Information-gathering (in — When an interview is necessary", + "marginal_note": "When an interview is necessary", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "where a permit is being considered for serious inadmissibility or flagrant or intentional violations\nwhere a permit is being considered for a determined or suspected victim of human trafficking\nto assess credibility, merit, or risk and the degree of contrition\nwhere consideration of the TRP is due to the person being a possible victim of human trafficking.\nNote: Under the Victims of Human Trafficking program page there are interview guidelines specific to victims of trafficking. Otherwise, general policies and procedures to conduct interviews are available.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: When an interview is necessary", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/information-gathering-including-interviews.html" + }, + { + "id": "pdi-tr-113-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Information-gathering (in — Third-party information", + "marginal_note": "Third-party information", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers must weigh the merits of each case in relation to the seriousness of the inadmissibility or violation. If it is necessary to obtain information or confirmation from third parties, documentary evidence should be kept on file. To ensure procedural fairness ( PDF , 597.29 KB ) , if officers use third-party information to arrive at a decision, the client must be informed and allowed to respond, if the information is not classified. This may include internal reports or recommendations relied on by the decision maker but only if disclosure is necessary to provide the client with a reasonable opportunity, under the circumstances, to participate meaningfully in the decision making process.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Third-party information", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/information-gathering-including-interviews.html" + }, + { + "id": "pdi-tr-113-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Information-gathering (in — Disclosure of information", + "marginal_note": "Disclosure of information", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A recommendation prepared for the decision maker, based on information already known to the client, by an officer who does not possess any specialized expertise or knowledge that the decision maker does not also have, does not need to be disclosed.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Disclosure of information", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/information-gathering-including-interviews.html" + }, + { + "id": "pdi-tr-114-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Preparing a case summary, recommendation and ", + "marginal_note": "Temporary Resident Permits (TRPs): Preparing a case summary, recommendation and documenting decisions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary Resident Permits (TRPs): Preparing a case summary, recommendation and documenting decisions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/preparing-case-summary-recommendation-documenting-decisions.html" + }, + { + "id": "pdi-tr-114-1-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Preparing a case summary, — Case summaries", + "marginal_note": "Case summaries", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A case summary should include:\ninformation to support the finding of the inadmissibility/violation\nthe compelling need to enter or remain in Canada\ninformation with respect to the risk to Canadians or Canadian society\nin those cases where an subsection A44 (1) of IRPA report has been prepared, the A44 (1) report citing the specific inadmissibility/violation [see also ENF 5 – Writing A44(1) Reports ( PDF , 421.72 KB ) ]\na narrative explanation or summary of the relevant facts, circumstances and recommendation in the case and, if an A44 (1) report was prepared, by notation on the accompanying A44 (1) Highlights report form.\nCase summary for an inadmissibility for serious criminality\nIn addition to the general requirements, the case summary should also include the following information and clearly demonstrate why the TRP was issued:\nwhether the client has applied for a record suspension (if applicable)\nsecurity decision, if applicable.\nThe basis of prohibition including:\ninadmissibility (prohibiting sections) [e.g. subsection A36(1)(a) of IRPA ]\nname and information of offence (crimes committed)\ndate of conviction\ndetails of sentence\nCanadian equivalency by name, statute & section\nmaximum penalty in Canada\ndate eligible for rehabilitation\nthe subsection A44 (1) of IRPA report if it contains details of the offence, sentence and rationale for permit issuance.\nAnalysis of the positive factors may include:\nany public policy, national interest, or compassionate and humanitarian considerations\nbrief comments on the applicant’s chances of successful settlement in Canada, (education, work skills, employment history, family support), if applicable.\nCircumstances may include:\nfull background information leading up to the commission of the offence", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Case summaries (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/preparing-case-summary-recommendation-documenting-decisions.html" + }, + { + "id": "pdi-tr-114-1-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Preparing a case summary, — Case summaries", + "marginal_note": "Case summaries", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "an overview of the subject’s lifestyle at the time\ndate and place of occurrence of offence\nfactors leading up to the event, motives\ndetails of the offence\npart played by the applicant in the commission of the offence\ndegree of violence (including use of weapons)\ninvolvement of drugs or alcohol (including any long term problems involving drugs or alcohol)\npattern of criminal activity (e.g. criminal lifestyle, living earned from crime, friends involved in crime, several convictions, unstable employment, weak family links, frequent change of residence.\nRehabilitation considerations including:\nsteps taken towards rehabilitation\nlikelihood of not offending again\naccepting responsibility for the offence\nevidence of remorse for any harm done\nunderstanding of gravity of the offence, of the damage they have done to themselves and to others\nevidence of restitution, where possible, to victims of their crimes\ncounseling or therapy if crime included or resulted from drug, alcohol or sexual abuse, psychological disturbance or a history of assaults (include evidence of attendance and/or successful completion of any program)\nstability in employment and family life, participation in educational and skill training programs and community life.\nMandatory documents\nany relevant temporary or permanent resident application\nsecurity check, if applicable\nconviction certificate\nsubject’s personal written statement fully outlining/detailing circumstances of the offence\ntranslated copy of foreign statute (mandatory when seeking advice on equivalence", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Case summaries (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/preparing-case-summary-recommendation-documenting-decisions.html" + }, + { + "id": "pdi-tr-114-1-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Preparing a case summary, — Case summaries", + "marginal_note": "Case summaries", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "a criminal clearance certificate obtained from the police authorities from each country or territory where they have resided for six months or more in a row since the age of 18 (e.g., Canada: RCMP criminal clearance certificate; U.S.: FBI and state criminal clearance certificates), if requested by an officer.\nOptional documents\nrehabilitation letters (character reference)\ncourt records and transcript\nprobation or parole officer’s reports\nrecord suspensions that do not vacate convictions retroactively\nfile notes\nany other documentation appropriate to facilitate the decision.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Case summaries (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/preparing-case-summary-recommendation-documenting-decisions.html" + }, + { + "id": "pdi-tr-114-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Preparing a case summary, — A recommendation for a TRP should include", + "marginal_note": "A recommendation for a TRP should include", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "the grounds on which it is based including any public policy, national interest, or humanitarian and compassionate considerations\nthe duration for which the permit should be issued\nany conditions that may be imposed\nwhether the permit should be valid for re-entering Canada\nwhere warranted, brief comments on the applicant’s chances of successful settlement in Canada (education, work skills, employment history, family support, ability to pay for health care if ineligible for provincial/territorial public health insurance).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: A recommendation for a TRP should include", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/preparing-case-summary-recommendation-documenting-decisions.html" + }, + { + "id": "pdi-tr-114-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident Permits (TRPs): Preparing a case summary, — Documenting decisions", + "marginal_note": "Documenting decisions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In addition to documenting decisions on file, application/client notes should be entered in GCMS for the TRP document. This will ensure proper documentation of all inadmissibilities and give officers all information needed before deciding on a subsequent permit or future application.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documenting decisions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/preparing-case-summary-recommendation-documenting-decisions.html" + }, + { + "id": "pdi-tr-115-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Eligibility for extending temporary resident status", + "marginal_note": "Temporary residents: Eligibility for extending temporary resident status", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nA person may apply to extend their status as a temporary resident in Canada beyond the initial period granted for their stay by the officer at the port of entry. This includes accompanying family members, regardless of whether or not the principal applicant will be extending their status in Canada. It will be up to the officer to make the final decision after reviewing the circumstances.\nAll in-Canada visitor extension, study permit and work permit applications must be submitted electronically, with some exceptions. Consult the list of  programs that are exempt from the in-Canada mandatory electronic application requirement .\nApplicants must:\napply before their status expires and have complied with all the conditions that were imposed on entry (R181).\nalso meet the requirements of R179, regardless of whether they initially required a temporary resident visa (TRV) or not.\nNote: When a temporary resident extension document is issued in Canada for a period resulting in a stay in excess of six months for an individual from a designated country, an Immigration Medical Examination (IME) is normally required.\nMany of the questions to consider in determining whether an applicant meets the eligibility criteria noted in R179 and R181 are outlined in assessing the application .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Eligibility for extending temporary resident status", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/eligibility-extending-status.html" + }, + { + "id": "pdi-tr-115-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Eligibility for extending temporary res — Additional questions that may help an officer determine elig", + "marginal_note": "Additional questions that may help an officer determine eligibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Consider the intentions of the client\nWhat is the client doing in Canada?\nHow long has the applicant been here?\nHow long is the request for?\nOfficers must consider the reason given by the client for applying for the extension.\nAre the plans well thought out or merely frivolous?\nTaking the applicant’s situation in their home country into consideration, is a prolonged stay in Canada reasonable?\nDetermine whether the client has the means to support themselves or whether someone else is willing to provide adequate support.\nAssess the client’s ability to leave Canada. Officers should consider whether the applicant has the means to either return to their home country or to proceed onward to a third country.\nWhat was the original purpose of the visit to Canada? Has it been fulfilled? If no, was sufficient time originally granted to fulfil the purpose?\nWhat family, employment or other responsibilities and obligations has the person left behind and how have they been discharged? Is the proposed extension logical, reasonable and feasible in light of these circumstances?\nNote: If the application has passed eligibility and results from partner agencies have raised admissibility concerns under section 34, 35 or 37 of the Immigration and Refugee Protection Act (IRPA), stage 2 decision makers are to transfer the application to the Domestic Network’s Centre of Expertise in Security Cases for assessment. This procedure only applies to applications submitted in Canada where the applicant or dependant of concern is in Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Additional questions that may help an officer determine eligibility", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/eligibility-extending-status.html" + }, + { + "id": "pdi-tr-115-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Eligibility for extending temporary res — Relevant topics to determine whether to extend the authoriza", + "marginal_note": "Relevant topics to determine whether to extend the authorization to remain in Canada of temporary residents working or studying without permits", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Students\nTemporary Foreign Workers Guidelines\nNote: If a person who is of normal working age wishes to extend their visitor status in Canada, the officer must be satisfied that the applicant is not working or studying without authorization before granting an extension.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Relevant topics to determine whether to extend the authorization to remain in Canada of temporary residents working or studying without permits", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/eligibility-extending-status.html" + }, + { + "id": "pdi-tr-115-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Eligibility for extending temporary res — Passport validity", + "marginal_note": "Passport validity", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "With some exceptions, R52 requires that an applicant hold a passport or travel document that is valid for the entire period authorized for the person’s stay. Officers may not, therefore, extend status beyond the validity date of the travel document.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Passport validity", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/eligibility-extending-status.html" + }, + { + "id": "pdi-tr-115-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Eligibility for extending temporary res — Procedures", + "marginal_note": "Procedures", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Step 1\nThe Case Processing Centre in Edmonton (CPC-E) receives the application and ensures that all the required documentation and the fee have been included.\nStep 2\nA service delivery agent at the CPC-E evaluates the application to determine if the applicant is eligible for a renewal and decides whether or not to grant it.\nIf the extension is approved , then a visitor record outlining the conditions for the extension is mailed to the applicant.\nIf the applicant’s status has expired or they are otherwise in violation of the Immigration and Refugee Protection Act (IRPA) or the IRPR , then eligibility for restoration is assessed. If the applicant is not eligible for restoration, then the Minister’s delegate decides on a disposition for the case (e.g., inquiry, departure order, allowed to remain).\nIf the applicant requires a medical examination , then the medical examination form [IMM 1017] and the panel physician list and instructions are mailed to the applicant.\nIf an interview is required because of 1 of the following reasons , then the application is referred to the local Immigration, Refugees and Citizenship Canada (IRCC) office nearest to the applicant’s place of residence:\nthe applicant ceased to be a visitor, student or temporary worker;\nthe applicant’s purpose is suspect; or\nthe officer needs more detailed information.\nNote: When a file is referred to a local office, the processing times quoted to set the applicant’s expectations must be the local office’s, if available.\nStep 3\nAn inland officer reviews the file and schedules the applicant for an interview.\nAt the interview, the officer either approves or refuses the application.\nIf the extension is approved , then a visitor record outlining the conditions is issued and given to the applicant.\nIf the extension is refused , then the applicant is advised of the decision and counselled to leave Canada.\nStep 4\nIn cases where CPC-E has sufficient grounds to refuse an application, a letter is mailed to the applicant notifying them of the refusal and the reasons for it. The applicant is also advised of the next course of action (e.g., eligibility for restoration or to leave Canada).\nNote: Applicants eligible for restoration have 90 days from the date of the notice to apply.\nStep 5\nThe agent’s decision is documented in the Global Case Management System (GCMS).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Procedures", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/eligibility-extending-status.html" + }, + { + "id": "pdi-tr-116-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Inland applications for permanent residence and temporary r", + "marginal_note": "Temporary residents: Inland applications for permanent residence and temporary resident status extension", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nIn situations where an applicant who has visitor status submits an application for permanent residence to a case processing centre in Canada and, at the same time, submits an application for a work permit [pursuant to paragraph R207(b)], the visitor may be considered to have requested an extension of their temporary resident status [in accordance with subsection R183(5)]. They are considered to have implied status as a visitor, until a decision is made on their work permit application.\nWhen no application for a work or study permit is received with the application for permanent residence, the applicant is obliged to apply to extend their visitor status.\nAll in-Canada visitor extension, study permit and work permit applications must be submitted electronically, with some exceptions. Consult the list of  programs that are exempt from the in-Canada mandatory electronic application requirement .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Inland applications for permanent residence and temporary resident status extension", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/inland-applications-permanent-residence-status-extension.html" + }, + { + "id": "pdi-tr-116-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Inland applications for permanent resid — Extending a visit after a work or study permit refusal", + "marginal_note": "Extending a visit after a work or study permit refusal", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If a visitor in Canada applies for and is refused a work or study permit, their visitor status is not affected. Upon receiving notice of the work permit or study permit refusal, the visitor must submit a separate application to extend their temporary resident status as a visitor before the expiry date of their temporary resident status, if they wish to remain in Canada.\nIf their status at the time of the work permit or study permit refusal was valid due to the application of subsection R183(6) (i.e., it was \"implied status\"), then they will have to apply for a restoration of visitor status if they do not wish to leave Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Extending a visit after a work or study permit refusal", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/inland-applications-permanent-residence-status-extension.html" + }, + { + "id": "pdi-tr-117-0-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Maintained status during processing (previously called impl", + "marginal_note": "Temporary residents: Maintained status during processing (previously called implied status)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nUnder the IRPA, all foreign nationals authorized to enter Canada as per subsection A22(1) have temporary resident status. A temporary resident may also be authorized to work without a permit [ R186 ], be issued a work permit [ R200 or R201 ], be authorized to study without a permit [ R189 ] or be issued a study permit [ R216 or R217 ].\nAll temporary residents have an automatically imposed condition that they must leave Canada at the end of their authorized period of stay. However, as per section R181 , a temporary resident may apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [ R183(5) ]. Such a person is considered to have legal status as a temporary resident during the processing period only as long as the person remains in Canada. This is referred to as maintained status .\nThe legal authority to work or study is separate from temporary resident status.\nA work permit holder may continue working under the same conditions as their previous work permit until a decision is made on their extension application if they have applied to extend their stay in Canada as a worker [ R186(u) ] before the expiry of the permit and they remain in Canada .\nHowever, if they applied to extend their stay as a visitor or a student, they must cease working when their current work permit expires.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Maintained status during processing (previously called implied status) (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html" + }, + { + "id": "pdi-tr-117-0-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Maintained status during processing (previously called impl", + "marginal_note": "Temporary residents: Maintained status during processing (previously called implied status)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Similarly, a study permit holder may continue their studies under the same conditions as their previous study permit until a decision is made on their extension application if they have applied to extend their stay in Canada as a student [R189] before the expiry of the permit and they remain in Canada .\nHowever, if they applied to extend their stay as a visitor or a worker, they may not pursue their studies when their current study permit expires.\nImportant: Holders of temporary resident permits (TRPs) are considered to be in the temporary resident class; however, when a foreign national applies for a new TRP, they are not extending under section R181 but applying for a TRP as per section A24 . Therefore, they do not maintain their temporary resident status during the processing period as they do not meet the requirements of subsection R183(5). As a result, individuals who are applying for an initial or subsequent TRP can’t renew their work or study permit or continue to work or study until a decision has been made on their TRP application.\nFor more information, consult Temporary resident permits (TRPs): Subsequent permits .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Maintained status during processing (previously called implied status) (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html" + }, + { + "id": "pdi-tr-117-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Maintained status during processing (pr — On this page:", + "marginal_note": "On this page:", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Date and time of receipt of application\nTravel outside Canada\nEffect of decision on period of authorized stay\nSubsequent application during processing period", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page:", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html" + }, + { + "id": "pdi-tr-117-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Maintained status during processing (pr — Date and time of receipt of application", + "marginal_note": "Date and time of receipt of application", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The date and time of receipt are important for determining if status is maintained under subsection R183(5) . For electronic applications, the department uses Coordinated Universal Time (UTC) around the world to ensure that time is equal for all. Therefore, receipt dates and times do not depend on time zones; all applications must be submitted before midnight UTC on the date the applicant’s status expires. If the application was received after midnight UTC on the date of expiry, the applicant does not maintain their status under subsection R183(5).\nThe date received for paper applications is the date physically received and stamped at the Case Processing Centre. However, if the date physically received is after the expiry date of the applicant’s status, the officer will backdate the received date by 7 days to account for any mail delivery delays.\nNote: All in-Canada visitor extension, study permit and work permit applications must be submitted electronically, with some exceptions. See the list of programs that are exempt from the in-Canada mandatory electronic application requirement .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Date and time of receipt of application", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html" + }, + { + "id": "pdi-tr-117-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Maintained status during processing (pr — Travel outside Canada", + "marginal_note": "Travel outside Canada", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A temporary resident’s maintained status ends when they leave Canada.\nApplicants may be allowed to re-enter Canada as a temporary resident, provided they are temporary resident visa (TRV) exempt as per section R190 or hold a valid multiple-entry visa. The border services officer will set the period of authorized stay on entry.\nTemporary residents from TRV-required countries whose period of authorized stay has been extended under subsection R183(5) and who are seeking re-entry to Canada following a visit solely to the United States or St. Pierre and Miquelon are considered to be TRV exempt, as per subparagraph R190(3)(f)(ii). If a TRV-required national has travelled anywhere other than the United States or St. Pierre and Miquelon, regardless of whether their period of authorized stay was extended under subsection R183(5), they are not exempt from the TRV requirement.\nTravelling outside Canada with pending applications for a work permit or study permit\nThe authorization to work and study without a permit under paragraph R186(u) or section R189 while a decision on an application is pending ends when the applicant leaves Canada. If the applicant is allowed to re-enter Canada as a temporary resident and their new study or work permit has not been issued prior to their return, they may not resume work or study in Canada until their application for renewal has been granted. Those not able to resume work must satisfy the border services officer that they have sufficient means of support and that they will not study or work without authorization.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Travel outside Canada", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html" + }, + { + "id": "pdi-tr-117-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Maintained status during processing (pr — Effect of decision on period of authorized stay", + "marginal_note": "Effect of decision on period of authorized stay", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Application approved\nIf the extension application is approved, the date of issue shown on the document represents the date a decision was made. The period of authorized stay is now equivalent to the validity of the new document.\nIf the applicant left Canada, on re-entry the border services officer imposed a period of authorized stay as per paragraph R183(1)(a) , and the application for extension is approved before the end of this period, the applicant has until the end of the stay specified by the border services officer or the period of stay authorized with the extension approval, whichever is longer.\nGCMS input: Officers should indicate “Status maintained as per R183(5)” in the User Remarks section of the new document, with the exception of a work permit or a study permit issued to a foreign national who left Canada while on maintained status and was allowed to re-enter.\nApplication refused\nIf the extension application is refused, the applicant is considered in status until the day the decision is made on their application. The 90-day restoration period under section R182 begins on the date of refusal.\nIf the applicant left Canada, on re-entry the border services officer imposed a period of stay as per paragraph R183(1)(a) , and the application for extension is refused before the end of this period, the applicant has until the end of the stay specified by the border services officer to remain in Canada.\nApplication withdrawn\nIf the extension application is withdrawn, on the date the withdrawal is registered, there is no longer a pending application for an extension. Therefore, the period of authorized stay ends on that date.\nIf the applicant left Canada, on re-entry the border services officer imposed a period of stay as per paragraph R183(1)(a) , and the application for extension is withdrawn before the end of this period, the applicant has until the end of the stay specified by the border services officer to remain in Canada.\nApplication rejected\nIf the extension application is rejected (incomplete), it is as if the application was never submitted, and the applicant is in status until their existing temporary resident status expires.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Effect of decision on period of authorized stay", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html" + }, + { + "id": "pdi-tr-117-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Maintained status during processing (pr — Subsequent application during processing period", + "marginal_note": "Subsequent application during processing period", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers should process both applications and not administratively cancel the outstanding application.\nAn applicant only maintains their temporary resident status during the processing period of their application for extension if they submit the application before the expiry of their status and remain in Canada.\nIf an application is submitted before the expiry date but is determined to be incomplete, the application is to be returned to the applicant and they no longer benefit from maintained status. If circumstances arise during the processing period that the applicant determines would impact their application, they may submit a subsequent application for extension detailing the new circumstances.\nIf the first application is refused, and the applicant submits their subsequent application for extension before the expiry of their status, the applicant maintains their status during the processing period of the subsequent application.\nIf the applicant submits their subsequent application for extension of status after the expiry of their status, they don’t have maintained status during the processing period of the subsequent application. The case processing centre (CPC) should refuse the application and respond with a warning notice to the applicant that they are eligible to apply for restoration.\nForeign nationals have 90 days from the date their status expired to submit their restoration application and pay the corresponding fee. For further information, visit Restoration of temporary resident status – Canada.ca .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Subsequent application during processing period", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html" + }, + { + "id": "pdi-tr-118-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident extensions for minors", + "marginal_note": "Temporary resident extensions for minors", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nMinor children who are applying for an extension of temporary residence in Canada, even when studying without a permit [A30(2)] must satisfy the officer that they intend to reside only temporarily in Canada.\nChildren of parents who are visitors in Canada require a study permit to engage in studies in Canada.\nChildren of workers or students (or persons without status) may study without a permit, but must maintain their temporary resident status. Officers should grant this status for the same validity period as their parents' status by issuing a vistor record authorizing entry [A29].\nA child who held a study permit on entry should be encouraged to apply to renew the study permit in Canada, when the time comes. Once the child is in Canada, they do not legally require a study permit, but they may find it easier to obtain a new TRV and/or study permit in the event that they leave and then seek re-entry into Canada. This is because, while temporary resident status expires automatically upon leaving Canada, a valid study permit indicates that permission to study in Canada still exists (upon the reauthorization of TR status). It is evidence that an officer was satisfied that the child met the requirements of a temporary resident.\nAll in-Canada visitor extension, study permit and work permit applications must be submitted electronically, with some exceptions. Consult the list of  programs that are exempt from the in-Canada mandatory electronic application requirement .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary resident extensions for minors", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/extensions-minors.html" + }, + { + "id": "pdi-tr-119-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Restoration of temporary resident status", + "marginal_note": "Restoration of temporary resident status", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nA foreign national who has lost their temporary resident status in Canada may apply to restore their temporary resident status in accordance with section 182 of the Immigration and Refugee Protection Regulations (IRPR) .\nAn applicant who was previously authorized to work or study may be eligible to restore that authorization or may apply to have their temporary resident status restored as a visitor should they no longer qualify or require an authorization to work or study.\nNote: TRP holders are not eligible for restoration of status.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Restoration of temporary resident status", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html" + }, + { + "id": "pdi-tr-119-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Restoration of temporary resident status — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Eligibility requirements for restoration of status\nApplicant requirements\nSpecific requirement details\nPossible restoration scenarios\nRestoration fees\nService standards", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html" + }, + { + "id": "pdi-tr-119-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Restoration of temporary resident status — Eligibility requirements for restoration of status", + "marginal_note": "Eligibility requirements for restoration of status", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applicant requirements\nThe applicant must be in Canada without status at the time of submitting the application and\napply within 90 days of having lost their status\nmeet the requirements for their stay whether as a visitor, worker or student\nA worker or student simply wishing to restore their temporary resident status (without a work or study authorization) may do so if they otherwise meet the requirements under R179.\nremain in Canada until a decision is made\nhave not failed to comply with any condition imposed by operation of the regulation [ R183 ] or by an officer [ R185 ], other than those stated below\nhave lost their status only because they have failed to comply with any of the following conditions imposed by an officer:\nparagraph R185(a) : the period authorized for their stay.\nsubparagraphs R185(b)(i) to (iii) : the work that they are permitted to engage in, or are prohibited from engaging in, in Canada, including the\ntype of work\nemployer\nlocation of work\nparagraph R185(c) : the studies that they are permitted to engage in, or are prohibited from engaging in, in Canada, including the\ntype of studies or course\ndesignated learning institution\nlocation of the studies\ntimes and periods of the studies\nnot be the subject of a declaration under subsection A22.1(1)\nSpecific requirement details\nNinety-day period\nForeign nationals have 90 days from the date they lose their temporary resident status to apply for restoration and pay the corresponding fee . Under section A47 , temporary resident status is lost at the end of the period of authorized stay, on determination by an officer or the Immigration Division that the foreign national has failed to comply with any other requirement of the IRPA or on the cancellation of a temporary resident permit.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility requirements for restoration of status (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html" + }, + { + "id": "pdi-tr-119-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Restoration of temporary resident status — Eligibility requirements for restoration of status", + "marginal_note": "Eligibility requirements for restoration of status", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A period of authorized stay includes extensions provided for by operation of law (maintained status) under subsection R183(5) .\nIf an application is rejected under section R12 as incomplete, there is no extension of the period of authorized stay (maintained status) and the 90-day period to apply for restoration starts when the foreign national’s initial period of authorized stay ends.\nUnder the Regulations, a foreign national’s study permit may become invalid before its expiry ( R222 ) and their temporary resident status may end before the period initially contemplated for their stay [see R183(4) ].\nIf an application for an extension of temporary resident status under section R181 is refused and the foreign national’s status has expired, the foreign national has 90 days from the date on which their temporary resident status ends including any period of maintained status to apply for restoration, if otherwise eligible. The applicant’s temporary resident status ends when their application for an extension is refused.\nIf an application for an extension is received after the temporary resident status has ended, the case processing centre should refuse the application.\nContinuation of work or study\nForeign nationals applying for restoration who have lost their status and authority to work or study may not continue to work or attend school until their restoration application has been approved and, where applicable, their new work or study permit has been issued.\nLeaving Canada\nDuring the processing of a restoration application, should an officer determine that the foreign national has left Canada, the officer shall refuse the application for restoration as the foreign national is no longer eligible. In this situation, processing fees are not refunded.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility requirements for restoration of status (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html" + }, + { + "id": "pdi-tr-119-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Restoration of temporary resident status — Eligibility requirements for restoration of status", + "marginal_note": "Eligibility requirements for restoration of status", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: Restoration of status cannot be applied for nor granted at the port of entry.\nPossible restoration scenarios\nStudents\nA temporary resident who was authorized to study and has lost their status can apply in Canada for restoration of their temporary resident status and authorization to study, if necessary. They may also submit an application for a work permit along with its appropriate processing fee(s). The work permit application will be processed after the restoration and study permit applications have been determined\nFor information on students applying for a post-graduation work permit (PGWP), please refer to Post-graduation work permit (PGWP) [R205(c) – C43] – International Mobility Program .\nA foreign national who was in possession of a valid study permit may have been subject to study related conditions imposed under R185(c) . If they fail to comply with these study related conditions, the foreign national may be eligible for restoration of status.\nIf a foreign national engages in studies without the authorization to do so, they will be ineligible for restoration of temporary residents status as this violates R183(1)(c) . A foreign national with a study permit who is not in compliance with a condition set out in R220.1(1) will also be ineligible for restoration of status.\nWorkers\nA temporary resident who was authorized to work and lost their status can apply in Canada for restoration of their temporary resident status and authorization to work, if necessary. In addition to applying for restoration and a new work permit, they may also apply for a study permit, and pay the fees. The study permit application will only be assessed after the restoration and work permit applications have been determined.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility requirements for restoration of status (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html" + }, + { + "id": "pdi-tr-119-2-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Restoration of temporary resident status — Eligibility requirements for restoration of status", + "marginal_note": "Eligibility requirements for restoration of status", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A foreign national with a valid work permit may be subject to employment related conditions under R185(b) . If they fail to comply with a condition imposed under R185(b)(i)-(iii) , the foreign national may be eligible for restoration of status.\nHowever, if a foreign national fails to comply with an employment related condition imposed under R185(b)(iv)-(v) , they are not eligible for restoration of status. If a foreign national engages in work without authorization to work, they will be ineligible for restoration of temporary resident status as this violates R183(1)(b) .\nVisitors\nA temporary resident (visitor) who is now out of status may apply to restore their status as a temporary resident.\nTemporary residents who are eligible to apply in Canada for a work or study permit ( R199  or  R215 ) may do so when restoring their temporary resident status. The fees for the study or work permit must be paid in addition to the restoration fee, unless they are otherwise exempt.\nTemporary resident permit (TRP) holders\nA temporary resident permit (TRP) holder who has let their permit expire is not eligible for restoration. They must submit an application for a new TRP.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility requirements for restoration of status (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html" + }, + { + "id": "pdi-tr-119-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Restoration of temporary resident status — Restoration fees", + "marginal_note": "Restoration fees", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Foreign nationals applying for restoration must pay all the  corresponding fees . Any foreign national applying to restore their status as a temporary resident must pay the restoration fee. If the foreign national is also seeking a work or study authorization, they must pay the applicable fees for each permit  in addition  to the fee for status restoration, unless they are otherwise exempt.\nAs an example, a study permit holder who is applying to restore their temporary resident status with authorization to study must submit the fees for both restoration of status and for a study permit where applicable. If they wish to apply for a work permit in addition to restoration and study permit, they must also pay the work permit fee(s).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Restoration fees", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html" + }, + { + "id": "pdi-tr-119-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Restoration of temporary resident status — Service standards", + "marginal_note": "Service standards", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Service standard for restoration applications\nFinal decision entered on the application within five (5) months of receiving a complete application. Refer to the relevant subordinate remission policy for information on eligibility conditions.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Service standards", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html" + }, + { + "id": "pdi-tr-120-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Visitor record", + "marginal_note": "Temporary residents: Visitor record", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nA visitor record is a status document issued to visa-required or visa-exempt foreign nationals who are seeking to enter or are in Canada. It specifies the conditions and validity period of their temporary stay in Canada. A visitor record may be issued to\nextend or limit the length of stay of a temporary resident in Canada\nspecify conditions applicable to the temporary resident during their stay\nA visitor record also\ndefines the conditions of admission\nspecifies the validity date (or date by which the foreign national must depart Canada)\ncaptures other pertinent information about the subject and the purpose for seeking entry to Canada\nmakes foreign nationals aware of the need for formal authorization before extending their period of stay\nAll in-Canada visitor extension, study permit and work permit applications must be submitted electronically, with some exceptions. Consult the list of  programs that are exempt from the in-Canada mandatory electronic application requirement .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Visitor record", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/visitor-record.html" + }, + { + "id": "pdi-tr-120-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Visitor record — When to issue a visitor record", + "marginal_note": "When to issue a visitor record", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) may issue a visitor record in the following scenarios.\nCBSA\nA CBSA border services officer (BSO) may issue a visitor record to a temporary resident at the port of entry (POE) on their arrival to Canada.\nWhen a foreign national arrives at a POE, an officer may issue a visitor record to document an authorized length of stay other than the 6-month standard, for reasons that include but are not limited to the following\nan officer determines that it is necessary to ensure compliance with a condition imposed\nfor example, an officer believes that it is necessary to limit or extend the period of authorized stay\nPlease see POE issuance for more information.\nIRCC\nAn IRCC officer at a case processing centre may issue a visitor record to a temporary resident in order to\nextend their stay in Canada beyond their initial authorized stay\nrestore their status as a temporary resident in Canada, following a loss of their status\nchange the conditions of their stay\nSee in-Canada applications for more information.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: When to issue a visitor record", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/visitor-record.html" + }, + { + "id": "pdi-tr-120-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Visitor record — Conditions of admission", + "marginal_note": "Conditions of admission", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Imposed conditions\nSection 183 of the Immigration and Refugee Protection Regulations (IRPR) outlines the conditions imposed on all temporary residents:\nauthorization for the period of stay\nindication of when the period of authorized stay for a temporary resident begins and ends\nstipulation that the temporary resident must leave Canada by the end of the period authorized for their stay\nspecification that the temporary resident may not engage in work or studies without authorization\noutline of the process for an extension of period authorized for stay\ndetail on the nuances around the continuation of status and conditions\nOfficer-decided conditions\nSection R185 states that an officer may impose, vary or cancel the following specific conditions on a temporary resident:\nthe period of time authorized for their stay\nthe work that they are permitted to engage in, or are prohibited from engaging in, in Canada\nthe studies that they are permitted to engage in, or are prohibited from engaging in, in Canada\nthe area within which they are permitted to travel, or are prohibited from travelling, in Canada\nthe times and places at which they must report for\nmedical examination\nsurveillance\ntreatment\npresentation of evidence of compliance with applicable conditions", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Conditions of admission", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/visitor-record.html" + }, + { + "id": "pdi-tr-120-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Visitor record — POE issuance", + "marginal_note": "POE issuance", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A CBSA BSO at the POE will determine the length of time that a temporary resident may remain in Canada .\nIf a BSO believes that a foreign national requires further examination, they will be referred to secondary for an interview and further processing. If the BSO at secondary determines that the foreign national is admissible as a visitor to Canada, they will specify a date by which the individual must leave Canada by\nplacing a stamp in the foreign national’s passport and handwriting a date below it or\nissuing a visitor record, and placing a stamp alongside the visitor record document number\nAs referenced in the automated POE instructions , if the foreign national is processed at an automated POE or primary inspection kiosk (PIK), a BSO is not required to and may not place a stamp in the foreign national’s passport. A foreign national can still receive a stamp upon request, or if required by CBSA policy and regulations.\nIf there is no stamp or handwritten date in the foreign national’s passport, their authorized period of stay is 6 months from the day they initially entered Canada, or until their passport expires, whichever comes first, as per subsection R183(2) . A visitor record may be issued at a POE in cases of:\nlimiting or extending length of stay\nwork permit and study permit exemptions\nIn accordance with ENF 4: Port of Entry Examinations (PDF, 1.53 MB) , section 13.32 “Issuing visitor records”, the visitor record is generated in the Global Case Management System (GCMS), printed and attached to the foreign national’s passport. The attached visitor record will be accompanied by a stamp and specific instructions (if applicable).There are no processing fees for issuing a visitor record at the POE.\nLimit or extension to length of stay", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: POE issuance (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/visitor-record.html" + }, + { + "id": "pdi-tr-120-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Visitor record — POE issuance", + "marginal_note": "POE issuance", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Subsection R183(2) states that the standard length of stay for visitors in Canada is 6 months, but this is authorized and established at the discretion of the BSO at the POE. Issuing a visitor record is a means of exercising an element of control over the foreign national’s length of stay in Canada, with the intention of,\nlimiting to a period of less than 6 months or\nextending beyond 6 months, although never exceeding the validity of their travel document or passport\nA BSO may limit the stay of a visitor for reasons that include but are not limited to the following:\nthe foreign national’s passport or travel document will expire within 6 months\nthe foreign national is a seafarer signing off or seeking entry to join a crew\nthe foreign national is entering Canada for medical treatment\nthe foreign national has been extradited to Canada and is being allowed forward as a temporary resident\nA BSO may also issue a visitor record if they determine that the foreign national’s departure from Canada must be verified by the CBSA, by imposing a reporting requirement . See officer-decided conditions for more information.\nWork permit and study permit exemptions\nForeign nationals may be issued a visitor record at the POE in situations that include, but are not limited to the following.\nWork permit exemptions\nPlease see the list of foreign nationals who may be authorized to work without a permit .\nForeign nationals who are eligible for the 120-day work permit exemption or the short-term (15- to 30-day) work permit exemption may request a visitor record at the POE.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: POE issuance (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/visitor-record.html" + }, + { + "id": "pdi-tr-120-4-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Visitor record — POE issuance", + "marginal_note": "POE issuance", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If requested and if all other requirements have been met, a BSO will issue a visitor record to the foreign national. This will verify the status of the temporary resident as work permit exempt and support their application to Service Canada for their Social Insurance Number.\nThe issued visitor record would include remarks specifying the ability of the foreign national to work without a permit. Acceptable remarks that may appear on the visitor record include\n“Work permit exempt as a [job title]”\n“Work permit exempt, per section R186”; a subsection may be listed, for example, subsection R186(s)\n“120-day short-term work permit exemption – Public policy”\n“30-day or 15-day short-term work permit exemption – Public policy”\nConsult the “Visitor records” section in the Short-term (120-day) work permit exemption PDI for more details.\nStudy permit exemptions\nSee the list of foreign nationals who are exempt from the requirement of a study permit .\nA foreign national studying in Canada may be issued a visitor record to authorize a stay in Canada without a study permit to attend a course or program of study of 6 months or less. Minor children already in Canada are authorized to study without a study permit at the pre-school, primary and secondary level, if one of their parents is a visitor record holder and is authorized to study without a permit.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: POE issuance (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/visitor-record.html" + }, + { + "id": "pdi-tr-120-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Visitor record — In-Canada applications", + "marginal_note": "In-Canada applications", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A foreign national may apply to extend their temporary resident status beyond the initial period granted for their stay by a BSO at the POE or by a previous in-Canada extension.\nIf a foreign national applies to extend their stay in Canada and meets the eligibility requirements as a visitor, the IRCC officer may issue a visitor record, which serves to legally extend a foreign national’s temporary resident status in Canada.\nA temporary resident should apply at least 30 days in advance of their status expiring, and must submit an application to IRCC to apply for a visitor record.\nThe application must be accompanied by the appropriate extension fee in order to initiate processing of the visitor record.\nIn cases where foreign nationals lose their temporary resident status, they may, within 90 days of losing it, apply for restoration of temporary resident status .\nIf the applicant is eligible for restoration, the officer will issue a visitor record outlining the conditions of the restoration, including the length of stay. The visitor record issued following an in-Canada application typically includes an extension or restoration of 6 months, but this may vary from case to case.\nRefer to instructions on super visas for information specific to the processing of and length of stay for super visa holders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: In-Canada applications", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/visitor-record.html" + }, + { + "id": "pdi-tr-121-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Loss of status", + "marginal_note": "Temporary residents: Loss of status", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nForeign nationals lose their temporary resident (TR) status ( A47 ):\nat the end of the period for which they were authorized to remain in Canada;\non a determination by an officer or the Immigration Division that they have failed to comply with any other requirement of the Act; or\non cancellation of their temporary resident permit (TRP).\nNote: Holders of the Parent and Grandparent Extended Stay Temporary Resident Visa ( Super Visa ) also lose their status if they stay beyond their authorized period.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Loss of status", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/loss-status.html" + }, + { + "id": "pdi-tr-122-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident visa versus temporary resident status", + "marginal_note": "Temporary resident visa versus temporary resident status", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nVisa-required foreign nationals must apply for a temporary resident visa (TRV) to travel to Canada as\nvisitors\nworkers\nstudents", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary resident visa versus temporary resident status", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/status.html" + }, + { + "id": "pdi-tr-122-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident visa versus temporary resident status — Temporary resident visas", + "marginal_note": "Temporary resident visas", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If a foreign national meets the requirements of the Immigration and Refugee Protection Act (IRPA) and is admissible, an immigration officer may issue a TRV, per subsection A11(1), in the form of an official counterfoil document placed in the individual’s passport. The expiry date of a TRV is the date by which the visa must be used to arrive at the port of entry (POE) and seek admission to Canada. The expiry date is not the suggested duration of the visit. A TRV does not guarantee entry to Canada, nor does it grant temporary resident status in Canada.\nUpon arrival at a Canadian POE, the foreign national is required to report to the Canada Border Services Agency (CBSA). Per paragraph A20(1)(b), to become a temporary resident, every foreign national who seeks to enter Canada must establish that they hold the visa required by the Immigration and Refugee Protection Regulations (IRPR) and will leave Canada by the end of the period authorized for their stay. The foreign national must satisfy a border services officer of the CBSA that they have the ability and willingness to leave Canada at the end of their authorized stay.\nTemporary residents may apply to change or extend their status in Canada, under certain conditions. For more information, see Eligibility for extending temporary resident status .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary resident visas", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/status.html" + }, + { + "id": "pdi-tr-122-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident visa versus temporary resident status — Non-automated ports of entry", + "marginal_note": "Non-automated ports of entry", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "At non-automated POEs, before admitting the foreign national to Canada by stamping their passport, a border services officer\nconfirms the identity of the foreign national\nverifies documents, including the foreign national’s\npassport\ntravel documents\nTRV\nensures that all requirements are met\nThe border services officer who examines the foreign national upon entry will determine the duration of the visit . A handwritten date below the stamp indicates the date by which the foreign national must leave Canada.\nIt is at this point that the foreign national receives temporary resident status.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Non-automated ports of entry", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/status.html" + }, + { + "id": "pdi-tr-122-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident visa versus temporary resident status — Automated ports of entry", + "marginal_note": "Automated ports of entry", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "At automated POEs equipped with a primary inspection kiosk, the CBSA no longer routinely stamps all passports. If there is no stamp or handwritten date in the foreign national’s passport, their authorized period of stay is 6 months, per subsection R183(2). However, a foreign national can still receive a port stamp upon request or if required by CBSA policy or regulations (for example, super visa holders). A handwritten date below the stamp indicates the date by which the foreign national must leave Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Automated ports of entry", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/status.html" + }, + { + "id": "pdi-tr-123-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: China Transit Program", + "marginal_note": "Temporary residents: China Transit Program", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nIn some cases, Chinese nationals flying between China and the United States (US) are able to transit through Canada without a Canadian visa. Chinese nationals do not need to apply under the China Transit Program (CTP) if they are in possession of both of the following:\na valid US visa\na valid passport issued by the authorities of the People’s Republic of China (not issued by Hong Kong Special Administrative Region or Macao Special Administrative Region)\nThey must also be transiting on either of the following:\nan Air Canada flight through Montréal Pierre Elliott Trudeau International Airport\nany approved carrier through\nCalgary International Airport\nToronto Pearson International Airport (Terminal 1 only)\nVancouver International Airport\nWinnipeg James Armstrong Richardson International Airport\nNote: If a passenger does not meet all the requirements, they are not eligible for the CTP and need to apply for a transit visa.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: China Transit Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/china-transit-program.html" + }, + { + "id": "pdi-tr-123-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: China Transit Program — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Passengers travelling to or from the US\nConnection time for travel through Canada\nPassengers refused entry to the United States", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/china-transit-program.html" + }, + { + "id": "pdi-tr-123-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: China Transit Program — Passengers travelling to or from the US", + "marginal_note": "Passengers travelling to or from the US", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In addition to the conditions above, when travellers are arriving from or travelling to the US , they must meet the following conditions to qualify as a CTP passenger:\narrive in Canada from the US on a direct, non-stop flight with an approved airline and proceed to the Canada Border Services Agency (CBSA) area for clearance or remain in a sterile transit area while waiting for a connecting flight (passengers who leave the sterile transit area must go to the CBSA area for examination)\nnot be under a removal or deportation order\nhave had a valid US visa to enter the US and not have overstayed the period of time they were authorized to remain in the US\nbe destined for a third country, including their country of nationality, and have the required travel documents (such as a valid visa) to enter that third country as well as the required travel documents for any countries through which they may transit\nhold a confirmed onward ticket for a flight that will leave Canada within 24 hours of arrival (no layover or overnight stay is permitted)\nCurrently, the following airlines are eligible to transport passengers under the CTP:\nAir Canada\nAir Canada Rouge\nAir China\nAir Georgian\nCathay Pacific\nChina Eastern Airlines\nChina Southern Airlines\nHainan Airlines\nJazz Aviation LP\nPhilippine Airlines\nSky Regional Airlines Inc.\nWest Jet\nXiamen Airlines\nIn addition, Chinese nationals participating in the CTP must have one of the following 15 cities as their last embarkation point:\nBeijing\nChengdu\nFuzhou\nGuangzhou\nHarbin\nHong Kong\nManila\nNagoya\nOsaka\nSeoul (South Korea)\nShanghai\nShenyang\nTaipei\nTokyo\nXiamen", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Passengers travelling to or from the US", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/china-transit-program.html" + }, + { + "id": "pdi-tr-123-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: China Transit Program — Connection time for travel through Canada", + "marginal_note": "Connection time for travel through Canada", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "CTP travellers who miss a connection or require a layover have up to 24 hours from the time of arrival before they must see a border services officer for examination to continue travelling.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Connection time for travel through Canada", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/china-transit-program.html" + }, + { + "id": "pdi-tr-123-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: China Transit Program — Passengers refused entry to the United States", + "marginal_note": "Passengers refused entry to the United States", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "CTP travellers who are refused entry to the United States must immediately report to the border services officer for examination.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Passengers refused entry to the United States", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/china-transit-program.html" + }, + { + "id": "pdi-tr-124-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Countries designated for the purposes of the Visiting Force", + "marginal_note": "Temporary residents: Countries designated for the purposes of the Visiting Forces Act", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Countries designated for the purposes of the Visiting Forces Act", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/countries-designated-purposes-visiting-forces-act.html" + }, + { + "id": "pdi-tr-124-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Countries designated for the purposes o — Military members", + "marginal_note": "Military members", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A foreign national is exempt from the requirement to obtain a temporary resident visa, as per R190(3)(d) if:\nthey are seeking to enter and remain in Canada solely to carry out official duties as a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act (VFA) , unless they have been designated under that Act as a civilian component of those armed forces\nNote: They are also exempt from the requirement to hold a passport under R52(2)(e) and the requirement to obtain:\nan eTA under IRPR 7.1(3)(f) .\na work permit under R186(d) .\na study permit under R188(1)(b)\na medical examination under R30(1)(d) .\nTo demonstrate that they qualify for the exemptions indicated above, military members must provide and carry:\npersonal identity card issued by the sending State showing names, date of birth, rank and number (if any), service, and photograph; and\nindividual or collective movement order, issued by an appropriate agency of the sending State and certifying to the status of the individual or group as a member or members of a force and to the movement ordered; or\nInvitation letter or other appropriate documentation issued by Canada’s Department of National Defence .\nAlthough exempt from the passport requirement, they are required to provide proof of their status in their country of origin .\nFamily members of military members are not exempt from passport, biometric, visa and medical requirements, but are exempt from visa and biometric processing fees as per R296(2)(b) and R315.1(2)(d)(iv) .\nNote : Members of a country’s armed forces who are exempt from requiring a TRV and a passport may choose to request a TRV to facilitate travel to Canada under the VFA. In this case, they are not required to pay visa processing fees or provide biometric information .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Military members", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/countries-designated-purposes-visiting-forces-act.html" + }, + { + "id": "pdi-tr-124-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Countries designated for the purposes o — Civilian personnel", + "marginal_note": "Civilian personnel", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Civilian personnel are not exempt from passport, biometric, visa/eTA and medical examination requirements.\nHowever, personnel who have been designated as a civilian component of the visiting force under the VFA, and their family members, are not required to pay visa processing and biometric fees as per R296(2)(b) and R315.1(2)(d)(iv) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Civilian personnel", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/countries-designated-purposes-visiting-forces-act.html" + }, + { + "id": "pdi-tr-124-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Countries designated for the purposes o — The following countries are designated states for the purpos", + "marginal_note": "The following countries are designated states for the purposes of the Visiting Forces Act:", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A\nB\nC\nD\nE\nF\nG\nH\nI\nJ\nK\nL\nM\nN\nO\nP\nQ\nR\nS\nT\nU\nV\nW\nX\nY\nZ\nAlbania, Republic of Footnote 1\nAntigua and Barbuda\nAustralia, Commonwealth of Footnote 1\nAustria, Republic of Footnote 1\nAzerbaijani, Republic of Footnote 1\nBangladesh, People's Republic of\nBarbados\nBelgium, Kingdom of Footnote 1\nBelize\nBenin, Republic of\nBotswana, Republic of\nBrunei\nBulgaria, Republic of Footnote 1\nCameroon\nCroatia Footnote 1\nCzech Republic Footnote 1\nDenmark, Kingdom of Footnote 1\nEl Salvador, Republic of\nEstonia, Republic of Footnote 1\nEthiopia\nFinland, Republic of Footnote 1\nFrance Footnote 1\nGeorgia, Republic of Footnote 1\nGermany, Federal Republic of Footnote 1\nGhana, Republic of\nGreece, Kingdom of Footnote 1\nGuyana\nHungary, Republic of Footnote 1\nIceland Footnote 1\nItaly Footnote 1\nIvory Coast, Republic of the\nJamaica\nJapan\nKazakhstan, Republic of Footnote 1\nKenya, Republic of\nKorea, Republic of\nKuwait, State of\nLatvia, Republic of Footnote 1\nLithuania, Republic of Footnote 1\nLuxembourg, Grand Duchy of Footnote 1\nMalawi\nMalaysia\nMoldova, Republic of Footnote 1\nNepal, Kingdom of\nNetherlands, Kingdom of the Footnote 1\nNew Zealand, Dominion of Footnote 1\nNicaragua, Republic of\nNiger\nNigeria\nNorth Macedonia (Republic of) Footnote 1\nNorway, Kingdom of Footnote 1\nOman, Sultanate of\nPhilippines Footnote 1\nPoland, Republic of Footnote 1\nPortugal Footnote 1\nRomania Footnote 1\nSierra Leone, Republic of\nSingapore, Republic of\nSlovak Republic Footnote 1\nSlovenia, Republic of Footnote 1\nSpain, Kingdom of Footnote 1\nSudan, Democratic Republic of the\nSweden, Kingdom of Footnote 1\nSwaziland\nTanzania, United Republic of\nThailand, Kingdom of\nTrinidad and Tobago\nTurkey, Republic of Footnote 1\nUganda, Republic of\nUkraine Footnote 1\nUnited Arab Emirates\nUnited Kingdom of Great Britain and Northern Ireland Footnote 1\nUnited States of America Footnote 1\nUzbekistan, Republic of Footnote 1\nVenezuela, Republic of\nZambia, Republic of\nZimbabwe, Republic of", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: The following countries are designated states for the purposes of the Visiting Forces Act:", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/countries-designated-purposes-visiting-forces-act.html" + }, + { + "id": "pdi-tr-124-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Countries designated for the purposes o — Footnotes", + "marginal_note": "Footnotes", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Footnote 1\nCivilian personnel have been designated under the VFA as a civilian component of a visiting force if the personnel are in the employ of that force and are not stateless persons, nationals of any state that is not a designated state, or citizens or residents of Canada.\nSOR/2009-14; SOR/93-264; SOR/96-78; SOR/68-258; SOR/99-86; SOR/2026-67; P.C. 1999-21; P.C. 1954-1765; P.C. 1953-927; P.C. 2017-260\nReturn to footnote 1 referrer", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Footnotes", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/countries-designated-purposes-visiting-forces-act.html" + }, + { + "id": "pdi-tr-125-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Method of application for temporary resident visas (TRVs), electronic travel aut", + "marginal_note": "Method of application for temporary resident visas (TRVs), electronic travel authorizations (eTAs), study permits, work permits and visitor records", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nApplicants worldwide are required to submit an application for a TRV, study permit or work permit electronically through the IRCC secure account , IRCC portal or the Authorized Paid Representatives Portal , unless an exception applies. Applicants can submit an online application from anywhere in the world.\nThe electronic travel authorization (eTA) application is available online only. Applicants can apply using the eTA application form .\nLearn more about the eTA process:\nElectronic travel authorization (eTA): About the process", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Method of application for temporary resident visas (TRVs), electronic travel authorizations (eTAs), study permits, work permits and visitor records", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/place-application-visa-electronic-travel-authorization-study-permit-work-permit.html" + }, + { + "id": "pdi-tr-125-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Method of application for temporary resident visas (TRVs), e — Applying from outside Canada", + "marginal_note": "Applying from outside Canada", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As per ministerial instructions 62 (MI62) , all applications for a temporary resident visa (including a transit visa), work permit, or study permit for foreign nationals who are outside Canada at the time of application must be submitted using electronic means— meaning they must apply online . The following are the exceptions to the requirement to apply online:\nforeign nationals who are outside of Canada and who are unable to apply online, including for reasons of a disability, and require accommodation for the use of electronic means\nforeign nationals who are in possession of an identity or travel document described in paragraph R52(1)(c) issued by a country that does not prohibit travel to Canada, that the foreign national may use to enter the country of issue, and that is of the type issued by that country to non-national residents, refugees or stateless persons who are unable to obtain a passport or other travel document from their country of citizenship or nationality or who have no country of citizenship or nationality\nforeign nationals applying for a work permit and intending to perform work under an international agreement or arrangement between Canada and one or more countries concerning seasonal agricultural workers\nApplicants outside Canada for whom an exception to applying online applies are required to submit their TRV applications to the visa application centre (VAC) that is responsible for serving\nthe country in which the applicant has been lawfully admitted\nthe applicant’s country of nationality or, if the applicant is stateless, their country of habitual residence\nFor example, a business person from India visiting London will be able to apply for a TRV at the VAC in London, as long as they were lawfully admitted to the United Kingdom. Similarly, a Chinese student lawfully admitted to Singapore for studies will be able to apply for a Canadian study permit at the VAC in Singapore. A Brazilian national who is physically in Brazil, however, may not submit a work permit application by mail to the VAC in New York City; they must submit it in Brazil.\nList of countries and corresponding visa offices", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Applying from outside Canada", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/place-application-visa-electronic-travel-authorization-study-permit-work-permit.html" + }, + { + "id": "pdi-tr-125-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Method of application for temporary resident visas (TRVs), e — Applying from inside Canada", + "marginal_note": "Applying from inside Canada", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In accordance with subsection R9.2 , foreign nationals who are in Canada and seeking to extend their temporary resident status or change their temporary resident status (if eligible) must submit their application online unless an exception to applying online applies. For more information, refer to subsections R9.4 and R9.5 . See also the list of programs that are exempt from the in-Canada mandatory electronic application requirement .\nForeign nationals who are in Canada, have a valid study or work permit and require a visa may choose to apply for a new TRV counterfoil before leaving Canada. The application must be submitted online, unless an exception to applying online applies.\nVisitor visa: How to apply from inside Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Applying from inside Canada", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/place-application-visa-electronic-travel-authorization-study-permit-work-permit.html" + }, + { + "id": "pdi-tr-126-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Document requirements", + "marginal_note": "Temporary residents: Document requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This page provides guidance for the documents required when submitting an application for a temporary resident visa (TRV), the documents minors require for travel, and exemptions to the document requirements.\nForm IMM 5484 (PDF, 2.5 MB) provides a checklist for the documents required when submitting an application for a TRV.\nNote: Applicants who are required to provide biometric information will have a digital photograph taken at biometric collection and therefore are not required to submit any other photographs with their application.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Document requirements", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/document-requirements.html" + }, + { + "id": "pdi-tr-126-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Document requirements — Document requirements", + "marginal_note": "Document requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When submitting an application for a TRV, all applicants must complete, sign and date the following Immigration, Refugees and Citizenship Canada (IRCC) forms, unless otherwise noted:\nApplication for Temporary Resident Visa [IMM 5257]\nFamily Information [IMM 5707]\nNote: This form must be completed by those aged 18 years or older only.\nStatutory Declaration of Common-Law Union [IMM 5409]\nNote: Refer to the responsible visa office for your region.\nUse of a Representative [IMM 5476]\nNote: Applicants must complete this form only if they use the services of a representative or if they are appointing or cancelling a representative.\nAuthority to Release Personal Information to a Designated Individual [IMM 5475]\nNote: This form is only to be completed by applicants who authorize IRCC and the Canada Border Services Agency (CBSA) to release information from their case file to someone other than the applicant.\nIn addition to submitting the forms listed above, applicants must:\npay the applicable processing and biometric collection fee\nsubmit the necessary supporting documents (such as a valid passport) to accompany their application\nAn application package is considered complete when:\nall questions on the application forms have been answered\nthe fee has been paid\nthe forms have been validated", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Document requirements", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/document-requirements.html" + }, + { + "id": "pdi-tr-126-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Document requirements — For minors", + "marginal_note": "For minors", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In the federal context and according to the United Nations Convention on the Rights of the Child, a child is a person under the age of 18. Minors travelling alone must carry information concerning the person who will be responsible for them once they arrive in Canada.\nIt is recommended that minors travelling without their parents have a letter of authorization signed by both parents or legal guardians, granting permission to travel alone. This letter should be:\nsubmitted with their application\ncarried on the minor as they travel\nIf the child is the subject of a custody order or is travelling with one parent, custody documents or a letter of authorization from the other, non-accompanying parent providing consent for the trip must be:\nprovided as part of the application\ncarried on the minor when travelling to Canada to present to a border services officer at the port of entry\nThese documents will allow a border services officer to facilitate the entry of these travellers.\nOther documents may be required if requested, such as:\na letter of invitation or an explanation for the purpose of the trip\nevidence of ties to the applicant’s home country\nproof of current immigration status in the country of application\nNote: When minors are travelling with only one parent, or with a relative or a friend, the officer’s primary duty is to ensure that the child is not being abducted from their parent(s) or lawful guardian(s).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: For minors", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/document-requirements.html" + }, + { + "id": "pdi-tr-126-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Document requirements — Exemption from document requirements", + "marginal_note": "Exemption from document requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "According to subsection 52(2) of the Immigration and Refugee Protection Regulations (IRPR), certain foreign nationals are exempt from the requirement to provide their passport or travel or identity document . Foreign nationals who are exempt from the document requirements are still required to provide proof of their status in their country of origin. Documentation to prove status may include:\nnational identity card\ncertificate of citizenship\nbirth certificate\nalien registration card (green card)\narmed forces identification and travel orders in accordance with the Visiting Forces Act\nTemporary residents in Canada who submit an application to extend their stay must send photocopies of the following pages of their passport or identity document with their application:\nidentity page\npage containing the date and place of issuance\npage showing the expiry date of the document\npage showing the entry stamp (if applicable)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Exemption from document requirements", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/document-requirements.html" + }, + { + "id": "pdi-tr-127-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident: Application intake assessment", + "marginal_note": "Temporary resident: Application intake assessment", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary resident: Application intake assessment", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/application-intake-assessment.html" + }, + { + "id": "pdi-tr-127-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident: Application intake assessment — Reviewing documents", + "marginal_note": "Reviewing documents", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "All in-Canada visitor extension, study permit and work permit applications must be submitted electronically, with some exceptions. Consult the list of  programs that are exempt from the in-Canada mandatory electronic application requirement .\nOfficers should\nUpon receipt of the application, determine whether the receiving office should be processing the application under R11(2);\nCheck that the application forms have been properly completed and signed by the applicant. All applicants (including children) 18 years and over must complete their own application form. Applicants under 18 must have a guardian or parent sign for them.\nR10(2)(a) requires that an application contain all of the following for the applicant and all family members of the applicant, whether accompanying or not:\nname\nbirth date\naddress,\nnationality\nimmigration status\na statement whether the applicant or any of the family members is the spouse, common-law partner or conjugal (R10(2)(a))\nDetermine whether the applicant is in need of a temporary resident visa [R190].\nNote: If the issuance of a visa will facilitate the travel of a visa-exempt person, officers may issue a visa if they are satisfied that all requirements have been met. (See Facilitation visas .)\nBefore returning a passport to a person who does not require a temporary resident visa, ensure that the passport is genuine and does not contain a photo substitution.\nDetermine whether the applicant requires a study or work permit in addition to the temporary resident visa (Refer to Students , and Temporary Foreign Worker Guidelines);\nDetermine whether the appropriate processing fee has been paid;\nEnsure the application is checked against FOSS/GCMS, existing immigration and visitor file records, and the Enforcement Information Index. If the applicant is a non-resident of the country of application, officers should request a records check from the visa office responsible for the country of citizenship or of habitual residence.\nDetermine whether biometric information is required or has already been provided and whether the biometric fee has been paid.\nDetermine if additional security checks are required.\nSee also: Eligibility and admissibility considerations", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Reviewing documents", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/application-intake-assessment.html" + }, + { + "id": "pdi-tr-128-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Eligibility and admissibility considerations", + "marginal_note": "Temporary residents: Eligibility and admissibility considerations", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nListed below are some areas officers should explore with applicants. The purpose of these questions is to determine whether:\napplicants intend to remain in Canada illegally, claim refugee status or otherwise seek to remain in Canada, and not abide by the requirement to leave Canada at the end of the period authorized for their temporary stay Note : A person may have a dual or eventual intent to become a permanent resident, but in order to qualify for a temporary resident visa, they must demonstrate that they have the capacity and willingness to leave Canada at the end of the authorized temporary period (refer to dual intent ).\nthe ties to their home country are sufficiently strong to ensure that they are motivated to return home after the visit to Canada\nthey meet the requirements of the Act and Regulations", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Eligibility and admissibility considerations", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/eligibility-admissibility-considerations.html" + }, + { + "id": "pdi-tr-128-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Eligibility and admissibility considera — Purpose and duration of the trip: Suggested questions", + "marginal_note": "Purpose and duration of the trip: Suggested questions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "1. What is the purpose of your trip?\nThings to consider:\nWhat will the person be doing in Canada?\nWhat are the applicant's plans for visiting Canada? Are the plans well thought out or are they frivolous?\nAdditional information:\nIf the applicant is interviewed, confirm the reason for the trip as stated on the application form.\nAlthough not all persons visiting Canada will have detailed plans, they should normally have some idea of what they will be doing.\n2. How long will you be staying in Canada?\nThings to consider:\nWhat is the duration of the visit?\nIs the time requested limited? Indeterminate?\nConsidering the applicant’s situation in their home country and the purpose of the trip, is the time requested reasonable? Plausible? Practical?", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Purpose and duration of the trip: Suggested questions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/eligibility-admissibility-considerations.html" + }, + { + "id": "pdi-tr-128-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Eligibility and admissibility considera — Ties to Canada or country of residence", + "marginal_note": "Ties to Canada or country of residence", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "3. What ties do you have with Canada?\nThings to consider:\nWho invited the person to Canada? Is there proof of an invitation?\nDoes the person have family in Canada? If so, what is their immigration status in Canada?\n4. What ties do you have with your country of residence?\nThings to consider:\nIs the person employed? If yes, at what salary? In what position? Has the applicant's employer approved a request for leave?\nWhat family does the person have in the country of residence? Where were they at the time of the application?\nDoes the person have property? What is the value of the property?\nWhat financial obligations is the person leaving behind? What is the nature and value of these obligations?\nWhat other responsibilities and obligations is the person leaving behind? How will they be discharged?\nIs travel consistent with local customs or practices? Has the person travelled before?\nAdditional information: Even if the person’s ties to the home country seem to be strong, there may be other factors in the general economic or political environment which make the long-term prospects for the person or their family unstable. Consider these factors in the assessment.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Ties to Canada or country of residence", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/eligibility-admissibility-considerations.html" + }, + { + "id": "pdi-tr-128-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Eligibility and admissibility considera — Documents and financial support", + "marginal_note": "Documents and financial support", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "5. Do you have a valid passport or travel document? \nThings to consider: What is the expiry date on the passport or travel document?\nAdditional information: Refer to OP 16, Passports and Travel Documents.\n6. How will you support yourself in Canada?\nThings to consider:\nDoes the client have the means to be self-supporting or is someone else willing and able to provide adequate support?\nIs the person staying in hotels or with relatives or friends?\nIs it reasonable for the foreign national to be staying with the host for the period indicated?\nWill the person be travelling within Canada? If so, for how long?\nWhat is the source of funds: traveller's cheques or credit cards?\nAre there currency restrictions in the home country?\nAdditional information:\nForeign nationals must have enough funds to maintain themselves in Canada without resorting to illegal employment or social assistance.\nWhen foreign nationals are planning to stay with friends or relatives ensure that the host is willing and able to provide for the visitor during the stay.\nThe amount of money required will depend on the type and the duration of the trip.\n7. Will you be able to leave Canada? \nThings to consider:\nDoes the person have the financial ability to return, such as an airplane ticket, money or a statement of bank assets?\nDoes the person have a passport, travel document and/or visa which will admit the person to the home country or to a third country?\nAdditional information: Persons who require a visa to re-enter their home country or a third country will be limited at the POE to a visit that does not exceed the validity of their re-entry visa.\n8. Do you intend to work or study in Canada?\nThings to consider: Does the client have a valid work or study permit?", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documents and financial support (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/eligibility-admissibility-considerations.html" + }, + { + "id": "pdi-tr-128-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Eligibility and admissibility considera — Documents and financial support", + "marginal_note": "Documents and financial support", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Additional information: Most foreign nationals who work or study in Canada must have their work or study permit approved before arriving in Canada. Refer to Students , or Temporary Foreign Worker Guidelines.\n9. Have you ever been convicted of a criminal offence? \nThings to consider:\nIs the person described under the criminality sections of the Act? [A33, A36, A37]?\nIs the person described under the security provisions of the Act? [A33, A34, A35]?\nHas the person provided biometric information and, if so, what are the results of the biometric checks? [A33, A34, A35, A36, A37, R12.1]\nAdditional information:\nFor more information, refer to ENF 2/OP 18, Evaluating Inadmissibility, and ENF 14/OP 19, Criminal Rehabilitation.\nFor more information, refer to ENF 2/OP 18, Security Vetting of Visitors, for details on security screening for visitors.\nFor more information, refer to BP 1, Biometric Procedures and ENF 2/OP 18.\n10. Do you suffer from a serious medical condition?\nThings to consider: Does the person meet the medical requirements under R30?\nAdditional information: For more information, refer to medical requirements .\n11. Have you ever been refused a temporary resident visa to travel to Canada? \nThings to consider: Has the person provided biometric information and, if so, what are the results of the biometric checks?\nAdditional information:\nThe answer will help you determine if the person has a temporary intent and will also support a potential refusal under the requirement to answer truthfully [A16(1)].\nFor more information, refer to BP 1, Biometric Procedures .\n12. Were you ever removed from Canada or any other country?\nThings to consider:\nHas the person provided biometric information and, if so, what are the results of the biometric checks?", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documents and financial support (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/eligibility-admissibility-considerations.html" + }, + { + "id": "pdi-tr-128-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Eligibility and admissibility considera — Documents and financial support", + "marginal_note": "Documents and financial support", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Does the person require authorization to return to Canada?\nAdditional information: For more information, refer to ENF 2/OP 18, Evaluating Inadmissibility and BP 1, Biometric Procedures", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documents and financial support (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/eligibility-admissibility-considerations.html" + }, + { + "id": "pdi-tr-129-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Evidence supporting purpose of entry", + "marginal_note": "Temporary residents: Evidence supporting purpose of entry", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nAll foreign nationals seeking entry to Canada must be able to satisfy an officer at the POE or an officer at CPC-V that they have a genuine purpose for wishing to come into or remain in Canada.\nThis can be accomplished by providing:\nan invitation letter (which can be verified) from the family/friends/colleagues to be visited in Canada, outlining the reason and length of the visit;\ncontact numbers for persons who may be able to substantiate the stated purpose for coming or remaining in Canada; and\nany other documentation that may substantiate the purpose.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Evidence supporting purpose of entry", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/evidence-supporting-purpose-entry.html" + }, + { + "id": "pdi-tr-129-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Evidence supporting purpose of entry — Letter of Invitation", + "marginal_note": "Letter of Invitation", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In some cases a person applying for a TRV may be asked to provide a letter of invitation from someone in Canada who is either a Canadian citizen or a permanent resident. A letter of invitation does not guarantee that a visa will be issued. Visa officers assess the applicant to determine whether they meet the requirements of the Immigration and Refugee Protection Act (IRPA) and to ensure that they are a bona fide visitor.\nLetters of invitation should be provided in good faith even though persons in Canada who provide such a document are not legally responsible for the visitor once they arrive. The host must provide truthful information and have the intention to carry out the promises they made in the letter. Some visa offices may require that this letter be notarized. Clients should therefore check with the visa office for specific instructions.\nThe letter of invitation should be sent to the person being invited to Canada, who will include it with the TRV application, and must contain the following information about:\nThe person being invited\nThe person inviting the foreign national\ncomplete name;\ndate of birth;\nthe address and telephone number;\nthe relationship with the person being invited;\nthe purpose of the trip;\nlength of intended stay in Canada;\ndetails on accommodation and living expenses; and\nthe intended date of departure from Canada.\ncomplete name;\ndate of birth;\naddress and telephone number in Canada;\noccupation;\nwhether they are a Canadian citizen or permanent resident; and\na photocopy of a document proving their status in Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Letter of Invitation", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/evidence-supporting-purpose-entry.html" + }, + { + "id": "pdi-tr-130-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Dual intent", + "marginal_note": "Temporary residents: Dual intent", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nDual intent is present when a foreign national who has applied, or may apply, for permanent residence in Canada also applies to enter Canada for a temporary period as a\nvisitor\nstudent\nworker\nHaving 2 intents (initially for temporary residence and eventually for permanent residence) is legitimate. Facilitative pathways that depend on retaining temporary residents with essential skills or experience, such as Agri-Food Pilot (AFP), Caregiver pilot and Canadian Experience Class, have increasingly been relied upon as routes to permanent residence that contribute to Canada’s economic growth. This section addresses how to apply subsection 22(2) of the Immigration and Refugee Protection Act (IRPA) to the decision-making process, recognizing that the 2 intentions involved are complementary, not contradictory.\nThe possibility that an applicant for temporary residence may, at some point in the future, be approved for permanent residence does not remove the individual’s obligation to meet the requirements of a temporary resident, specifically the requirement to leave Canada at the end of the period authorized for their stay, in accordance with sections 179 , 200 , and 216 of the Immigration and Refugee Protection Regulations (IRPR).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Dual intent", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html" + }, + { + "id": "pdi-tr-130-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Dual intent — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Assessing dual intent\nSpouses and partners\nParents and grandparents\nTemporary residents to permanent residents program\nRefusals", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html" + }, + { + "id": "pdi-tr-130-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Dual intent — Assessing dual intent", + "marginal_note": "Assessing dual intent", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "An officer should be satisfied that a temporary residence applicant has a genuine intention to fulfill their obligations as a temporary resident (namely, to leave at the end of their period of authorized stay as required by IRPR). In assessing the applicant’s bona fides, the individual circumstances of the applicant must be examined; refusals of non-bona fide temporary residents may only withstand legal challenge when the refusal is based on the information related to the specific application before an officer.\nIn assessing an application for temporary residence, an officer may consider, among other factors, the following:\nthe length of time that the client will be spending in Canada\nmeans of support\nobligations and ties to the home country\nthe purpose and the context of the stay\nthe credibility of documents and information submitted\npast compliance with requirements of the IRPA and the IRPR that are applicable to temporary residents (visitors, students and workers), as well as information available in biographic and biometric information sharing\nAssessing an application where the applicant may have a dual intent is the same as assessing any other temporary residence application. Each applicant receives the benefit of a procedurally fair, individual assessment, which takes into account the entire context of the application.\nApplicants have the right to have a fair and impartial decision-maker. The courts have indicated that it is necessary to avoid even the possibility or perception of bias, examples of which may include:\njudging a matter before it is heard\nprejudicial attitude\nExamples of bias would include a belief that applicants with open, closed, or prospective permanent residence applications automatically have a desire to remain in Canada past the authorized period of stay.\nWhen an individual will be affected by a decision, that individual has the right to know the case to be met and must be given a fair opportunity to respond where procedural fairness requires. For example, a migration officer may draw inferences regarding an applicant’s intention to return based on information in previous or concurrent applications and interviews.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing dual intent", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html" + }, + { + "id": "pdi-tr-130-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Dual intent — Spouses and partners", + "marginal_note": "Spouses and partners", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers should consider the individual circumstances of a foreign national who is seeking to join their spouse or common-law partner who is already residing in Canada.\nFactors to consider include, but are not limited to,\nwhether a sponsorship application has been approved, if applicable\nwhether an application for permanent residence is proceeding towards approval, if applicable\nthe applicant’s ongoing ties in their home country\nthe result of being without status in Canada, e.g. the inability to work, inability to study, no access to health care, risk of being deported, etc.\nTemporary resident application forms do not ask the applicants to explain their intent, other than asking purpose of travel, which generally does not result in a detailed explanation. However, based on the other information provided by the foreign national and presence or absence of past immigration compliance (positive) or non-compliance (negative); or lack of either (can only be considered neutral and is not a ground to cite for refusal or approval), if a spouse or partner can satisfy an officer that it is more likely than not that they will leave Canada at the end of their authorized period of stay, officers may issue a temporary resident visa (TRV).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Spouses and partners", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html" + }, + { + "id": "pdi-tr-130-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Dual intent — Parents and grandparents", + "marginal_note": "Parents and grandparents", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Officers are encouraged to consider the following when issuing TRVs, including multiple-entry visas, to parents and grandparents who\nhave applications for permanent residence in process\nwish to visit but do not want to live in Canada permanently\nAs set out in subsection A22(2), the intent to become a permanent resident does not preclude a person from becoming a temporary resident. If a parent or grandparent intends to eventually become a permanent resident and can satisfy an officer on a balance of probabilities that they will leave Canada at the end of the authorized period of stay, in accordance with IRPR, officers will normally issue a TRV. A super visa may be issued if the applicant has provided the required documents for that type of visa (see Super visa ).\nSee also: In-Canada applications for permanent residence in progress", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Parents and grandparents", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html" + }, + { + "id": "pdi-tr-130-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Dual intent — Temporary resident to permanent resident programs", + "marginal_note": "Temporary resident to permanent resident programs", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "While some temporary residents only reside in Canada for a limited period of time, IRCC, in partnership with provincial and territorial governments, has developed various pathways to encourage and allow temporary residents to become permanent residents and remain in Canada as a first step towards becoming Canadian citizens. Several economic immigration programs are designed for applicants with Canadian work or study experience. Other programs give extra points for applicants whose work or study experience is in Canada.\nCanada actively promotes these programs to foreign nationals as Canadian work experience is a strong indicator for successful settlement. In the case of study permit applicants, officers should take into consideration that the Government of Canada actively promotes study-work-permanent residence pathways to prospective students, and that prospective students (particularly Francophones) are encouraged to indicate that they wish to immigrate to Canada permanently. Indeed, many prospective students will emphasize their desire to remain permanently in Canada as they believe this bolsters their application, in response to Government of Canada messaging and advertising.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary resident to permanent resident programs", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html" + }, + { + "id": "pdi-tr-130-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Dual intent — Refusals", + "marginal_note": "Refusals", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The existence of two different intents is legitimate according to A22(2) and not, in itself, reason to refuse a temporary residence application. If the officer is satisfied that the applicant will leave Canada at the end of their authorized stay regardless of any negative outcome for an ongoing or potential future permanent residence application, the temporary residence application may be approved.\nOfficers are reminded to use their own judgment and the flexibility afforded to them by subsection A22(2) when making decisions on applications with a dual intent aspect. Global Case Management System (GCMS) notes should clearly demonstrate the officer’s reasoning when refusing an application.\nDual intent should be mentioned if it was considered as part of the decision on the application, with an explanation as to why the officer was not satisfied on a balance of probabilities that the applicant would leave Canada at the end of the authorized period of stay. If the officer is satisfied, taking into consideration the context outlined above, that the applicant genuinely intends to respect the conditions imposed on temporary residents, then dual intent has been established. If not, the application should be refused as per sections R179 (TRV), R200 (Work Permit), R216 (Study Permit), with failure to demonstrate bona fide temporary resident intent outlined as a concern in the application notes.\nSee also: Refusals overview", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Refusals", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html" + }, + { + "id": "pdi-tr-131-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Proof of Funds / Financial Support", + "marginal_note": "Temporary residents: Proof of Funds / Financial Support", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nTemporary residents must have evidence that they can support themselves and any accompanying dependants while in Canada. That evidence may include one of the following:\ncash, certified cheque, bank draft or money order in an amount large enough to cover all reasonable expenses to be incurred during the stay in Canada\nverbal or written statements, which can be confirmed , that satisfy an officer that sufficient financial support from friends and/or family is available and has been arranged to adequately cover all reasonable expenses to be incurred during the stay in Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Proof of Funds / Financial Support", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/proof-funds-financial-support.html" + }, + { + "id": "pdi-tr-131-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Proof of Funds / Financial Support — Assessing financial resources", + "marginal_note": "Assessing financial resources", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "You may consider a combination of any of the following documents as evidence of ability to support an intended visit. The list is not exhaustive but demonstrates various resource documents that may be presented:\nbank statement(s) or deposit book(s) of applicant (and spouse) that show accumulated savings\napplicant's (and spouse's) letter of employment or employment book, providing name of employer, applicant's position/occupation, date employment commenced and annual earnings\nhost's or family member in Canada (and spouse's) evidence of income: such as previous year Revenue Canada Notice of Assessment indicating annual income; or alternately, letter from employer(s) showing position, date employment commenced and annual earnings\nevidence of size of family for host or family member in Canada (to equate earnings with size of family to ensure ability to support long-term visit)\nTo assess the adequacy of a visitor's financial resources, you may exercise discretion in the documentation you request from applicants. In situations where applicants generally pose a low risk regarding funds, you may choose to limit or waive routine requirements for documentary evidence. For inland extensions or frequent visitors, for example, the client history may provide adequate information to determine whether or not the applicants can support themselves during their stay in Canada based on the information provided.\nNote: The provision of the host’s personal information through the applicant must not be mandatory. This includes evidence of income such as previous year Revenue Canada Notice of Assessment indicating annual income. A temporary resident visa application will not be refused just because the host’s personal information is not provided with the application. You should assess the temporary resident visa application on the basis of the adequacy of the applicant’s financial resources.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing financial resources", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/proof-funds-financial-support.html" + }, + { + "id": "pdi-tr-132-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Issuing a visa", + "marginal_note": "Issuing a visa", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Issuing a visa", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/three-types-visas.html" + }, + { + "id": "pdi-tr-132-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Issuing a visa — Multiple-entry visa", + "marginal_note": "Multiple-entry visa", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The multiple-entry visa\nallows the holder to seek entry to Canada from any country as often as necessary during the visa’s period of validity\nhas a maximum validity date of up to 10 years or the expiry date of either the travel document or biometrics, whichever comes first\ncan still be valid if affixed in a full or complete passport or travel document (in this case, the holder must also be in possession of a newer and valid passport or travel document and must present both documents to the airline carrier in order to travel to Canada and to the border services officer in order to seek entry to Canada)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Multiple-entry visa", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/three-types-visas.html" + }, + { + "id": "pdi-tr-132-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Issuing a visa — Guidelines for visa issuance", + "marginal_note": "Guidelines for visa issuance", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As part of the decision-making process, officers should exercise their judgement in deciding whether to issue a single or a multiple-entry visa, and in determining the validity period.\nSingle versus multiple-entry\nSome factors to consider:\nPurpose of visit\nIs the applicant coming for a one-time event, such as a conference, training session or tourism, or will they be returning to Canada on a regular basis, such as to visit close family members?\nAre they a permit-exempt short-term student or worker? Do they require parent authorization to travel for each visit (for example, as an unaccompanied minor coming for a summer program)?\nIs the visit for compassionate purposes, such as to care for a family member who is critically ill or dying?\nFunds\nDoes the applicant have a stable, ongoing source of funds, such as employment, that would be sufficient to finance multiple visits to Canada?\nIf the host (family or friend) in Canada will cover the applicant’s expenses, is proof of relationship provided, and is the host well established in Canada?\nHas the host also invited other people? Do they have sufficient resources to provide for all invited individuals for multiple visits?\nWill the funds be provided by the applicant’s employer (such as for a one-time conference or business meeting)? Has the employer submitted a letter attesting to this fact?\nMedical\nHas the applicant indicated any health conditions that may worsen over time?\nIs the applicant coming for medical treatment ?\nHas the client provided a mitigation plan, such as proof of health insurance? If so, how long is it valid for?\nOther factors\nHas the applicant demonstrated strong ties to their home country such as employment or family obligations?", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Guidelines for visa issuance (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/three-types-visas.html" + }, + { + "id": "pdi-tr-132-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Issuing a visa — Guidelines for visa issuance", + "marginal_note": "Guidelines for visa issuance", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Has the applicant travelled outside their home country? Have they previously travelled to Canada? If so, did they comply with the terms and conditions of their visa?\nWas the applicant previously refused a visa for Canada or any other country?\nDetermining the validity period\nFor multiple-entry visas, officers may decide to issue the visa with a validity period shorter than the maximum (10 years or the expiry of either the passport or biometrics, whichever comes first).\nSome factors to consider:\nIs there a short-term purpose for the visit, for example, a business visitor providing after-sales support as part of a warranty or sales agreement?\nWhat is the applicant’s status in their current country of residence? Will their ties to their country of residence and to Canada change over time?\nAre economic or political conditions in the applicant’s home country unstable?", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Guidelines for visa issuance (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/three-types-visas.html" + }, + { + "id": "pdi-tr-133-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Determining duration of visits", + "marginal_note": "Temporary residents: Determining duration of visits", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe duration of a person’s visit to Canada is not determined by the Visa Officer. The Border Services Officer who examines the foreign national upon entry will determine the duration of the visit. Border Services Officers will routinely grant entry for a period of six months to a person requesting entry as a visitor, even where the person requests entry for only a very brief period.\nWhen a temporary resident visa is issued, visa officers should consider it very likely that the person will be allowed to remain in Canada for six months. When in doubt that the person is a bona fide visitor, visa officers should not issue the visa (not even a transit visa).\nA visa officer may, on a case by case basis, indicate a suggested duration just below the visa This may trigger the examining officer to check CAIPS/FOSS/GCMS. The officer would take those remarks into consideration when making a decision.\nFor specific information on how to process applications from citizens of special category and Visitor Information Transmission (VIT) countries, refer to IC 2, Security Vetting of Visitors.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Determining duration of visits", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/determining-duration-visits.html" + }, + { + "id": "pdi-tr-134-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Super visa", + "marginal_note": "Temporary residents: Super visa", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe Minister of Immigration, Refugees and Citizenship and the Minister of Public Safety have given Ministerial Instructions regarding the Parent and Grandparent Super Visa (also known as the super visa).\nThe super visa is a multiple-entry temporary resident visa (TRV), issued with a validity of up to 10 years. The period of authorized stay is 5 years for each entry as per section A29(3). These Ministerial Instructions were issued in accordance with the ministerial authority found in subsection 15(4) of the Immigration and Refugee Protection Act (IRPA) and took effect on September 15, 2023.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Super visa", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/super-visa.html" + }, + { + "id": "pdi-tr-134-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Super visa — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Eligibility criteria and documentation requirements\nEligible host and co-signer\nMedical admissibility\nHealth insurance policy\nLetter of invitation\nMinimum necessary income\nCalculating family size", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/super-visa.html" + }, + { + "id": "pdi-tr-134-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Super visa — Eligibility criteria and documentation requirements", + "marginal_note": "Eligibility criteria and documentation requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The super visa offers eligible parents and grandparents of Canadian citizens and permanent residents the possibility of visiting Canada for  5 years  on each entry.\nAn applicant is eligible for a super visa if they apply from outside Canada, meet the requirements for temporary residence in Canada as a visitor and provide the additional supporting documentation demonstrating that they meet the requirements in the Ministerial Instructions .\nEligible host and co-signer\nProof of an eligible host includes the following:\nproof of the applicant’s relationship to the host, which may include\na copy of the child’s or grandchild’s birth certificate\na copy of the child’s or grandchild’s baptismal certificate\nanother official document naming the applicant as the parent or grandparent\nproof of the host’s status in Canada which may include\na copy of their Canadian citizenship\na copy of a permanent resident document\nproof that the host is 18 years of age or older and resides in Canada\nproof that the host meets or exceeds the minimum necessary income, based on Statistics Canada’s low income cut-offs ( LICO )\nOnly biological or adopted children may invite their parents or grandparents. They may also invite the spouse or common-law partner of their parent or grandparent.\nForeign national with a host who is a Registered Indian", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility criteria and documentation requirements (part 1 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/super-visa.html" + }, + { + "id": "pdi-tr-134-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Super visa — Eligibility criteria and documentation requirements", + "marginal_note": "Eligibility criteria and documentation requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A super visa application may include a host child or grandchild who is a registered Indian. In such cases, officers should process the super visa application as usual and should not require additional proof of Canadian citizenship or permanent residence in Canada from the host; the Certificate of Indian Status is the only proof required to prove that the host is a person registered under the Indian Act. Should all the requirements for a super visa be met, officers should issue a super visa, which allows for a stay of 5 years for each authorized entry.\nA spouse or common-law partner of the host may co-sign the letter of invitation. Proof of an eligible co-signer (if applicable) should include the following:\nproof of the co-signer’s relationship to the host\nproof of the co-signer’s status in Canada, which may include either\na copy of their Canadian citizenship; or\na copy of a permanent resident document\nproof that the co-signer is 18 years of age or older and resides in Canada\nThe co-signer may provide proof of income, to be combined with the host’s income, in order to demonstrate that the minimum necessary income is met or exceeded.\nMedical admissibility\nThe applicant must provide\nproof of submitting to an immigration medical exam\nproof of being admissible to Canada on health grounds as per section A38 .\nHealth insurance policy\nThe applicant must provide satisfactory evidence that they have a valid health insurance policy from either\na Canadian insurance company, or\nan insurance company outside Canada that\nis authorized by the Office of the Superintendent of Financial Institutions (OSFI) under the Insurance Companies Act to provide accident and sickness insurance and appears on OSFI’s publicly available list of federally regulated financial institutions , and", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility criteria and documentation requirements (part 2 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/super-visa.html" + }, + { + "id": "pdi-tr-134-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Super visa — Eligibility criteria and documentation requirements", + "marginal_note": "Eligibility criteria and documentation requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "has issued or made the policy during the course of its insurance business in Canada\nNote: Proof of insurance may appear with the name of the insurance broker or the insurance claims administrator, which are not an insurance company and will not appear on the OSFI list. The name of the company that issues the policy, sometimes referenced as “the insurer” or “the underwriter”, will be identified on the proof of insurance. Under the Insurance Companies Act, all policies that are issued or made by or on behalf of a foreign insurance company in Canada must include a statement that the document was issued or made in the course of its insurance business in Canada.\nAll health insurance policies should\nbe valid for a minimum of 1 year from the date of entry\ncover the applicant for health care, hospitalization and repatriation\nprovide a minimum of $100,000 emergency coverage\nbe valid for each entry to Canada, and\nbe available for review by the border services officer on request\nThe officer should be satisfied that the applicant has the appropriate health insurance policy for a full year on each entry (initial and subsequent), regardless of the applicant’s method of payment (for example, payment in full or instalments with a deposit). Quotes are not accepted .\nLetter of invitation\nThe applicant must provide a  letter of invitation written and signed by the host child or grandchild. An eligible spouse or common-law partner of the host may co-sign the letter of invitation to have their income count toward the minimum necessary income.\nThe letter of invitation and accompanying documentation must include\na promise of financial support for the applicant for the length of the authorized stays", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility criteria and documentation requirements (part 3 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/super-visa.html" + }, + { + "id": "pdi-tr-134-2-p4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Super visa — Eligibility criteria and documentation requirements", + "marginal_note": "Eligibility criteria and documentation requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "a list of all individuals to be included in the family size calculation to assess if the host meets or exceeds the minimum necessary income\nMinimum necessary income\nIn order to determine the host’s ability to financially support the applicant for the length of the authorized stays, the host must provide proof that they meet or exceed the minimum necessary income, which is based on Statistics Canada’s low income cut-offs ( LICO ). Acceptable documents include\nthe last Notice of Assessment (NOA) issued by the Minister of National Revenue (Canada Revenue Agency);\nT4 or T1 for the last tax year\npay stubs for the most recent 12-month period available\nEmployment Insurance benefit statements\na letter from an accountant confirming the annual income, if self-employed\nproof of other sources of income (for example, pension statements)\nan original letter from the employer stating the job title, job description and salary\nbank statements\nCalculating family size\nThe following individuals must be included in the family size count for the minimum necessary income:\nhost\nhost’s spouse (which might include a  separated spouse ) or common-law partner\ndependent children of the host and of the host’s spouse or common-law partner (including dependent children of any dependent children)\nChildren who meet the  definition of a dependent child  must be included in the count, regardless of custody and child support arrangements.\nthe super visa applicant and any other super visa applicant applying at the same time (such as the super visa applicant’s spouse or common-law partner)\npreviously approved super visa applicants\nThese are any valid super visa holders for whom the host or the host’s spouse or common-law partner has signed or co-signed a letter of invitation.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility criteria and documentation requirements (part 4 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/super-visa.html" + }, + { + "id": "pdi-tr-134-2-p5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Super visa — Eligibility criteria and documentation requirements", + "marginal_note": "Eligibility criteria and documentation requirements", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "previously sponsored individuals\nThese are individuals the host or co-signer has previously sponsored (or acted as a co-signer for) for whom the duration of the undertaking remains in effect.\nIt also includes their family members, whether or not they were included in the undertaking .\nSince the super visa is a temporary resident visa, the family members of the super visa applicant are not included in the family size count for the purpose of meeting the minimum necessary income. This is different from the family size count to sponsor a member of the family class.\nNote: Undertakings include those from family class and refugee resettlement sponsorships and take effect on the day on which a foreign national becomes a permanent resident. The case processing centre can review the Global Case Management System (GCMS) to confirm if the host or co-signer has previously sponsored any persons. Officers should make a note in GCMS of any person sponsored, or co-signed for, who is still being processed and has not yet become a permanent resident.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Eligibility criteria and documentation requirements (part 5 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/super-visa.html" + }, + { + "id": "pdi-tr-135-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Diplomatic and official visas", + "marginal_note": "Temporary residents: Diplomatic and official visas", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nDiplomatic, official and courtesy visas, although not equivalent to the right of entry into Canada, are nonetheless the only evidence of Canada’s consent to official visits by foreign officials. That consent, under international and domestic law, is a condition of granting diplomatic, consular or official (functional) privileges and immunities (or courtesies), as soon as the holder sets foot on Canadian soil or during transit. Although holders of diplomatic visas are, in principle, exempt from immigration and customs inspection on entry into Canada, they are subject to mandatory security checks at Canadian airports.\nDiplomatic, official and similar passports issued by the country of which the foreign national is a citizen or national are only travel documents and do not in themselves determine the type of visa that should be granted.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Diplomatic and official visas", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/diplomatic-official-visas.html" + }, + { + "id": "pdi-tr-135-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Diplomatic and official visas — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "When diplomatic and official travellers do not require a temporary resident visa (TRV) or electronic travel authorization (eTA) and are not required to provide biometrics\nPeople travelling to Canada to assume a diplomatic posting (accreditation in Canada)\nWho is entitled to diplomatic, official and courtesy visas?\nCriteria for diplomatic and official visas\nDocuments to be submitted\nAuthority for issuance\nIssuance of visas\nSummary of procedures for diplomatic and official visas", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/diplomatic-official-visas.html" + }, + { + "id": "pdi-tr-135-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Diplomatic and official visas — When diplomatic and official travellers do not require a tem", + "marginal_note": "When diplomatic and official travellers do not require a temporary resident visa (TRV) or electronic travel authorization (eTA) and are not required to provide biometrics", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Persons travelling with diplomatic, official or similar passports do not require temporary resident visas, biometric information collection or an electronic travel authorization if they:\n \nhold a passport that contains a diplomatic Acceptance, a consular Acceptance or an official Acceptance issued by the Chief of Protocol for Global Affairs Canada (GAC) on behalf of the Government of Canada; and\nare properly accredited diplomats, consular officers, representatives or officials of a country other than Canada, of the United Nations or an agency thereof, or of any international organization of which Canada is a member [R190(2)(a)].\nDiplomats from visa-required, biometric and electronic travel authorization (eTA)-required countries holding a passport that contains a diplomatic acceptance, a consular acceptance or an official acceptance issued by the Chief of Protocol for GAC will be exempt from temporary resident visa, biometric information collection and eTA requirements.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: When diplomatic and official travellers do not require a temporary resident visa (TRV) or electronic travel authorization (eTA) and are not required to provide biometrics", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/diplomatic-official-visas.html" + }, + { + "id": "pdi-tr-135-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Diplomatic and official visas — People travelling to Canada to assume a diplomatic posting (", + "marginal_note": "People travelling to Canada to assume a diplomatic posting (accreditation in Canada):", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "All foreign officials travelling to Canada to assume diplomatic positions for which an acceptance has not yet been issued should apply for a temporary resident visa (TRV) before travelling to Canada, whether they are from an eTA-required country or a visa-required country. Holders of a diplomatic or official visa wishing to take up their diplomatic/consular functions in Canada (i.e. at the time of first installation) will normally benefit from a multiple-entry visa, for up to three (3) months. Some exceptions may apply. Such multiple-entry diplomatic or official visas must not be issued without specific authorization from the Office of Protocol of GAC.\nNotwithstanding the above, diplomatic visas can be issued to facilitate travel for eligible visa- and eTA-required foreign officials, as they offer evidence of Canada’s consent to official visits by foreign officials. There is no processing fee for diplomatic visas.\nTRVs are the only indication to Border Services Officers in Canada that the passport holder, in Canada's view, may be entitled to diplomatic, consular or official privileges and immunities and recognized under the Foreign Missions and International Organizations Act (FMIOA).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: People travelling to Canada to assume a diplomatic posting (accreditation in Canada):", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/diplomatic-official-visas.html" + }, + { + "id": "pdi-tr-135-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Diplomatic and official visas — Who is entitled to diplomatic, official and courtesy visas?", + "marginal_note": "Who is entitled to diplomatic, official and courtesy visas?", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Diplomatic visas\nDiplomatic visas may be granted to persons entitled, under international and domestic law, to diplomatic or consular (and similar) privileges and immunities, who intend to travel to Canada for an official purpose or to pass through Canada on the way to an assignment in another state and who come within one of the following categories:\nHeads of state or members of organizations entrusted with head-of-state duties and their accompanying family members;\nHeads of government and their accompanying family members, and cabinet ministers of foreign governments;\nDiplomatic agents travelling to or from their diplomatic missions or on a temporary mission to Canada;\nCareer consular officers travelling to or from their consular posts or on a temporary mission to Canada;\nDelegates to the international organizations listed in the Temporary Foreign Worker Guidelines including delegates to conferences convened by the latter, with the exception of clerical staff;\nSenior officials (Secretary General, Assistant Secretaries General, and holders of equivalent positions, such as President of the Council of the International Civil Aviation Organization) of the international organizations listed in the Temporary Foreign Worker Guidelines;\nSenior officers (appointed at the P-4 level and above) of the Secretariat of the I.C.A.O.;\nPersons (spouse, father, mother, children) who are recognized as members of the family forming part of the household of either diplomatic agents travelling to or from their diplomatic missions or on a temporary mission to Canada, or of senior officers of the Secretariat of the International Civil Aviation Organization;\nForeign diplomatic couriers; and\nSpecial cases, on authorization from Headquarters (Diplomatic Corps Services (XDC)).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Who is entitled to diplomatic, official and courtesy visas? (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/diplomatic-official-visas.html" + }, + { + "id": "pdi-tr-135-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Diplomatic and official visas — Who is entitled to diplomatic, official and courtesy visas?", + "marginal_note": "Who is entitled to diplomatic, official and courtesy visas?", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "U.S. government officials\nThe following official U.S. government personnel assigned to temporary postings in Canada are not issued diplomatic or official acceptances in Canada and are therefore not eligible for diplomatic visas:\nDepartment of Homeland Security officers;\nU.S. Customs officers;\nInternational Joint Commission employees; and\nInspectors with the Federal Grain Inspection Service of the United States Department of Agriculture and other U.S. government officials in possession of official U.S. government passports and assigned to temporary postings in Canada.\nU.S. government employees will be issued work permits under R204 and as such are HRSDC/SC LMO exempt (T10). For more information on the documentation of U.S. government employees, refer to the Temporary Foreign Worker Guidelines.\nOfficial visas\nOfficial visas may be granted to persons entitled, under international and domestic law, to official (functional) privileges and immunities, who intend to travel to, or to pass through, Canada for an official purpose and who come within one of the following categories:\nMembers of the administrative and technical staff of diplomatic missions or international organizations; consular staff of consular posts; and service staff of diplomatic missions and consular posts in Canada;\nOfficials who hold a diplomatic, official or similar passport, invited by the Government of Canada or a provincial or territorial government for meetings in Canada;\nOther officials or experts on mission, acting on behalf of the international organizations listed in the Temporary Foreign Worker Guidelines, or contractual employees such as translators hired by the United Nations Organization or the International Civil Aviation Organization for their assemblies;", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Who is entitled to diplomatic, official and courtesy visas? (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/diplomatic-official-visas.html" + }, + { + "id": "pdi-tr-135-4-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Diplomatic and official visas — Who is entitled to diplomatic, official and courtesy visas?", + "marginal_note": "Who is entitled to diplomatic, official and courtesy visas?", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Persons (spouse, father, mother, children) who are recognized as members of the family forming part of the household of persons listed in section (1) above and of "other officials" indicated in section (2) above;\nPrivate servants of a member of a diplomatic mission or a consular post, but only after a Household Domestic Worker Employment Agreement (refer to the Temporary Foreign Worker Guidelines) has been submitted by the employer to the diplomatic mission or the consular post or GAC Protocol (XDC); and\nSpecial cases, on authorization from GAC, Protocol (XDC).\nCourtesy visas\nUnder Canadian law, no person other than those listed above under diplomatic visas or official visas is entitled to diplomatic, consular, or official privileges and immunities. Therefore, all other persons travelling to Canada for the purpose of an official visit, for an international organization or on behalf of a foreign government, other than those situations listed above, may be issued courtesy visas.\nOfficers may issue a courtesy visa in the interest of bilateral relations.\nCourtesy visas may be issued as multiple-entry visas, with a validity period of up to 3 years.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Who is entitled to diplomatic, official and courtesy visas? (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/diplomatic-official-visas.html" + }, + { + "id": "pdi-tr-135-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Diplomatic and official visas — Criteria for diplomatic or official visas", + "marginal_note": "Criteria for diplomatic or official visas", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Purpose of a visit\nDiplomatic and official visas are not automatically granted to holders of diplomatic, official or similar passports. The purpose of the visit is the primary factor to be considered in determining whether a diplomatic or official visa should be issued. For that reason, it is essential that a written request in the form of a note be received from the Ministry of Foreign Affairs, a diplomatic mission, or a consular post, bearing a signature or initial(s) and an official stamp and clearly defining the purpose of the visit to Canada.\nOfficial visit\nAmbiguous statements, such as "special mission" or "official visit," are not sufficient to justify the issuance of a diplomatic or official visa. The purpose of the visit, as stated in the written request, must clearly be of such an official nature that, insofar as Canada is concerned, it would justify the granting of appropriate privileges and immunities in Canada under domestic law in accordance with the relevant international conventions, headquarters agreements with international organizations, or international customary law.\nThe following working definition of "special mission" or "official visit" should be used in considering a request for a diplomatic or official visa: such a visa is of a temporary nature by a representative of a state, sent by the latter and consented to by Canada for the purpose of dealing with:\nquestions of mutual interest,\nquestions pertaining to a diplomatic mission or a consular post of the sending state in Canada, and,\nquestions regarding bilateral or multilateral relations with third states or international organizations, including international conferences hosted by Canada.\nExamples where diplomatic visas are justified", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Criteria for diplomatic or official visas (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/diplomatic-official-visas.html" + }, + { + "id": "pdi-tr-135-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Diplomatic and official visas — Criteria for diplomatic or official visas", + "marginal_note": "Criteria for diplomatic or official visas", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Examples of situations justifying the issuance of diplomatic visas include:\na diplomatic agent being assigned to a diplomatic mission in Canada or travelling through Canada on the way to a diplomatic assignment elsewhere;\nan official visit of a head of state or chief administrative officer (Secretary General, Director, or their Assistants) of the international organizations listed in Temporary Foreign Worker Guidelines.\nExamples where official visas are justified\nExamples of situations justifying the issuance of official visas include:\nsupport staff assigned to a diplomatic mission or a consular post in Canada or travelling through Canada on the way to a diplomatic mission or a consular post elsewhere;\nofficials or experts of the United Nations Organization travelling to Canada on United Nations business. Some purposes that may be "official" to a sending state will not be regarded necessarily as such by Canada, like buying or selling a diplomatic mission on behalf of a governmental agency, or a fund-raising or electioneering visit to an expatriate community in Canada.\ngovernment officials travelling to Canada to conduct business with representatives of the Government of Canada or provincial or territorial governments.\nPersonal status", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Criteria for diplomatic or official visas (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/diplomatic-official-visas.html" + }, + { + "id": "pdi-tr-135-5-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Diplomatic and official visas — Criteria for diplomatic or official visas", + "marginal_note": "Criteria for diplomatic or official visas", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "An individual's personal status is not normally a primary consideration for the issuance of a diplomatic or official visa (except for heads of state and other relatively rare instances). For instance, a senior official of a foreign government, travelling on a diplomatic passport, should not be issued a diplomatic visa if the individual intends to enter Canada for commercial negotiations with private enterprises, or on a private visit. In that case, the individual would be issued a regular temporary resident visa, if required, or a courtesy visa, if deemed appropriate. Another instance would be a student who is the child of a diplomatic agent serving outside Canada and who enters Canada solely to pursue their studies. If not exempt from a temporary resident visa, that person would need a regular temporary resident visa before entering Canada and may require a study permit as well. This individual would not be entitled to a diplomatic or official visa although they may hold a diplomatic or special passport.\nDiplomatic or official visas on an ordinary passport\nA diplomatic or official visa may be inserted in an ordinary passport if the purpose of the visit warrants it, such as when a member of a foreign government, travelling on an ordinary passport, enters Canada as a member on an official mission, or when a private citizen (for example, an academic) is included in a state's delegation to a meeting of the International Civil Aviation Organization or a diplomatic conference in Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Criteria for diplomatic or official visas (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/diplomatic-official-visas.html" + }, + { + "id": "pdi-tr-135-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Diplomatic and official visas — Documents to be submitted", + "marginal_note": "Documents to be submitted", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "An officer may issue a diplomatic or official visa only on receipt of one of the following:\na written request, as above, from the Ministry of Foreign Affairs of the state to which the head of mission or post is accredited, or for which the diplomatic mission or consular post has jurisdiction in visa matters;\na written request, as above, from a diplomatic mission or a consular post of the state of the applicant's citizenship;\na written request, as above, by an international organization listed in Temporary Foreign Worker Guidelines in respect of its officials travelling to Canada to carry out official duties; or,\nin the case of persons entering Canada to take employment as officers of the Secretariat of the International Civil Aviation Organization, a letter to the individual concerned constituting an "offer of employment," indicating their official level at the I.C.A.O. and signed by or on behalf of the Secretary General.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Documents to be submitted", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/diplomatic-official-visas.html" + }, + { + "id": "pdi-tr-135-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Diplomatic and official visas — Authority for issuance", + "marginal_note": "Authority for issuance", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Policy\nWith the exception of those cases described below, diplomatic agents, consular officers, or immigration officers may issue diplomatic and official visas without reference to Headquarters. However, if they have the slightest doubt regarding the bona fides of an applicant or their entitlement to a diplomatic or official visa, they should refer the request to the appropriate Immigration, Refugees and Citizenship Canada (IRCC) Geographic division and to GAC Protocol.\nCategories requiring consultation with IRCC Geographic and GAC Protocol (XDC)\nDiplomatic agents, consular officers, and immigration officers may not issue diplomatic or official visas to officials of "special category" states without prior consultation.\nOfficers should consult whenever there is some doubt or question regarding the issuance of a visa to a person assigned to Canada.\nOfficers should consult on all requests for visas for members of diplomatic missions, consular posts, or other offices in Canada not listed in the latest edition of Foreign representatives in Canada . There may be other categories of persons or states where, for a temporary period, authority from headquarters will be required before diplomatic or official visas are granted. When such circumstances arise, Protocol (XDC) or IRCC Geographic will provide specific guidance to diplomatic missions and consular posts on request.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Authority for issuance", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/diplomatic-official-visas.html" + }, + { + "id": "pdi-tr-135-8-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Diplomatic and official visas — Issuance of visas", + "marginal_note": "Issuance of visas", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Usefulness of diplomatic, official and courtesy visas\nPersons listed in “Who is entitled to diplomatic, official and courtesy visas?” above, who are within the jurisdiction of the diplomatic mission or consular post and who intend to travel to Canada, should be advised to apply for the appropriate visa or eTA, as applicable.\nDiplomatic, official, and courtesy visas, although not equivalent to the right of entry into Canada, are nonetheless the only evidence of Canada's consent to official visits by foreign officials. That consent, under international and domestic law, is a condition of the granting of diplomatic, consular, or official (functional) privileges and immunities (or courtesies) as soon as the holder sets foot on Canadian soil or during transit.\nDiplomatic, official and courtesy visas are the only indication to Border Services Officers in Canada that the holder, in Canada's view, may be entitled to diplomatic, consular, or official (functional) privileges and immunities (or courtesies). In that connection, the visa coding and the statement made in "purpose of stay" are the essential elements for the issuance of the visas. The possession of an appropriate visa, not the holding of a diplomatic, official or similar passport, is the sole way of ensuring the right processing on arrival in Canada and thereby avoiding unpleasant incidents.\nSecurity checks", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Issuance of visas (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/diplomatic-official-visas.html" + }, + { + "id": "pdi-tr-135-8-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Diplomatic and official visas — Issuance of visas", + "marginal_note": "Issuance of visas", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Although holders of diplomatic visas are, in principle, exempt from immigration and customs inspection on entry into Canada, they are subject to mandatory security checks at Canadian airports. Officers should apprise holders of diplomatic visas of that requirement whenever possible. If necessary, the persons concerned can obtain more details about that requirement from their own diplomatic missions accredited to Canada.\nMultiple-entry visas\nThe period during which a visa is valid is left to the discretion of the officer. That leeway should not be confused with the requirement on the former visa to show the intended duration of stay.\nGenerally speaking, diplomats and officials may be issued a multiple-entry visa that is valid for up to 3 years . Some exceptions may apply. This does not apply to foreign officials travelling to Canada to obtain their accreditation in Canada (to assume their diplomatic posting in Canada).\nForeign officials travelling to Canada to obtain their accreditation (to assume their diplomatic posting) are issued a multiple-entry TRV that is valid for 3 months . These applicants should be advised that the duration of the initial entry into Canada is determined by the Canadian official at the border and that the diplomatic mission in Canada should send their passports, along with the required documents, to the Department of Global Affairs, Protocol (XDC), requesting accreditation or recognition. During the validity of the diplomatic or official acceptance, the applicants do not require any other visa to enter Canada.\nMultiple-entry diplomatic or official visas must not be issued to persons who are on assignment to Canada without specific authorization from GAC.\nNotification to IRCC Geographic Desk and GAC, Protocol", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Issuance of visas (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/diplomatic-official-visas.html" + }, + { + "id": "pdi-tr-135-8-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Diplomatic and official visas — Issuance of visas", + "marginal_note": "Issuance of visas", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Whenever an officer issues a diplomatic, official, or courtesy visa without prior authorization from Headquarters, but pursuant to standing instructions, and believes the visit would be of interest to Headquarters, they should notify Headquarters of the name and the occupation of the person concerned and the nature and the date of the proposed visit. Notification should be addressed to GAC Protocol and to the appropriate IRCC geographic division and should be marked for distribution to other interested functional divisions or departments. Moreover, the Canadian port of entry should be alerted if that is deemed appropriate.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Issuance of visas (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/diplomatic-official-visas.html" + }, + { + "id": "pdi-tr-135-9-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Diplomatic and official visas — Summary of procedures for diplomatic and official visas", + "marginal_note": "Summary of procedures for diplomatic and official visas", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Areas of concern\nWho is entitled to diplomatic or official visas?\nFor details refer to Diplomatic or official temporary resident visas .\nIn addition, consult the Office of Protocol at GAC. In urgent cases, contact the Immigration Advisor and Liaison Officer\nPorts of entry procedures\nThe Border Service Officer (BSO) will stamp diplomatic or official passports, thereby authorizing entry for a period of six months. Officers will not refer diplomats or officials to secondary examination.\nRole of Office of Protocol\nDuring the six-month period, the person’s foreign mission will forward the passport to the Diplomatic Corps Services Division, Office of Protocol, GAC.\nThe Office of Protocol will issue a diplomatic (D), consular (C), official (J) or international (I) acceptance, which indicates that the person is accredited to Canada and entitled to remain in Canada for the duration of their status.\nVisa exemption for accredited persons\nOnce accredited, these persons do not require a temporary resident visa or an eTA to enter Canada.\nSpouses, parents and dependent children of diplomats\nPeople (spouses, fathers, mothers and children) who are recognized as members of the family, forming part of the household, may be granted official visas.\nDiplomats’, consular officers’, representatives’ and officials’ dependent children who are under 19 years of age and considered to be members of the family, forming part of the household, are issued acceptances.\nChildren over 19 years of age are issued acceptances only if they are registered as full-time students.\nAfter turning 25 years of age, dependent children are no longer eligible to receive official acceptance (even if they are still studying) and must change their official status to regular immigration status.\nServants of diplomats", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Summary of procedures for diplomatic and official visas (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/diplomatic-official-visas.html" + }, + { + "id": "pdi-tr-135-9-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Diplomatic and official visas — Summary of procedures for diplomatic and official visas", + "marginal_note": "Summary of procedures for diplomatic and official visas", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: Members of the official service staff are exempt from the same requirements as foreign representatives (diplomats).\nCan be one of the following two types:\nPrivate servants: are issued official (O-1) visas; will receive an official (J) acceptance from the Office of Protocol; will not require a temporary resident visa if they wish to re-enter; do not require a work permit; must undergo a medical examination, and must provide biometric information if from a country or territory whose nationals are required to do so, but are exempt from the biometric fee.\nFor guidance on employment requirements for diplomatic servants, refer to Temporary Foreign Worker Guidelines.\nLive-in Caregivers: must meet requirements to be live-in caregivers in Canada; must undergo a medical examination; must provide biometric information if from a country or territory whose nationals are required to do so and must pay the biometric fee; are issued a work permit; do not enjoy any privileges or immunities; require a temporary resident visa to re-enter Canada.\nLearn more about the Live-in Caregiver Program in OP14.\nProcessing fees\nThere is no processing fee for diplomatic visas .\nMedical examinations (exemptions)\nThe following people are exempt from having to undergo a medical examination, even if they are from countries where one would normally be required:\ndiplomatic and consular officials entering for official duties only\nspouses and dependent children of diplomatic and consular officials, unless they intend to work\nmembers of the armed forces of a country designated under the Visiting Forces Act who are entering for official duties only (see Countries designated for the purposes of the Visiting Forces Act )\nBiometric information (exemptions)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Summary of procedures for diplomatic and official visas (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/diplomatic-official-visas.html" + }, + { + "id": "pdi-tr-135-9-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Diplomatic and official visas — Summary of procedures for diplomatic and official visas", + "marginal_note": "Summary of procedures for diplomatic and official visas", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Diplomats and officials and their family members who have been issued a D-1 or O-1 visa are exempt from providing biometric information, even if they are from a country or territory whose nationals are normally required to do so.\nThose issued a courtesy visa are required to provide their biometrics; however, the biometric requirement may be exempted only at the discretion of the Migration Program Manager, in the interest of bilateral relations.\nHolders of diplomatic or official passports who are nationals of a biometric-required country or territory, and who have been issued a regular TRV, are required to provide their biometric information but are exempt from the biometric fee.\nPrivate servants of diplomats and officials must provide their biometric information if they are nationals of a biometric-required country or territory, but are exempt from the biometric fee if their employer is travelling to Canada on official business.\nLive-in caregivers of diplomats and officials must provide their biometric information when applying for a Temporary resident visa or work permit if they are nationals of a biometric-required country or territory and must pay the biometric fee.\nFor further information on the biometric requirement, see Biometrics collection and screening .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Summary of procedures for diplomatic and official visas (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/diplomatic-official-visas.html" + }, + { + "id": "pdi-tr-136-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident: Courtesy visas", + "marginal_note": "Temporary resident: Courtesy visas", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nOfficers may issue courtesy visas to persons who, although not entitled to diplomatic privileges and immunities, are, due to their position or reason for coming to Canada, considered of sufficient importance to warrant a visa to facilitate their admission. Examples of the appropriate use of courtesy visas include issuance to persons of diplomatic rank coming to Canada for tourist purposes, to members of the International Air Transport Association (IATA) , to members of a trade mission visiting Canada and to well-known visiting professors coming to Canada to attend conferences. For more information, refer to DFAIT’s Consular Manual, Chapter 10, section 4.3, Diplomatic or Official Temporary Resident Visas.\nCourtesy visas may be issued in any type of passport to persons who require visas or who are normally visa-exempt. The visa will alert BSOs to the fact that the visa office abroad considers the individual deserving of expeditious and courteous treatment.\nPersons on courtesy visas are subject to normal documentation by the port of entry; officers should therefore ensure that a person who is normally subject to referral for a secondary examination understands that a courtesy visa does not exempt them from such procedures.\nThere is a processing fee for courtesy visas, except for persons listed in R296(2), who have a fee exemption.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary resident: Courtesy visas", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/courtesy-visas.html" + }, + { + "id": "pdi-tr-136-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident: Courtesy visas — International Air Transport Association", + "marginal_note": "International Air Transport Association", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The International Air Transport Association (IATA) is an association of over 220 of the world’s airlines, with headquarters in Montreal. IATA’s mission is to represent and serve the airline industry. Its goals include the promotion of safe, reliable and secure services, the provision of industry-required products and services and the development of cost-effective and environmentally friendly standards and procedures to facilitate the operation of international air transport.\nCitizenship and Immigration Canada has agreed to facilitate the processing of applications for entry into Canada by representatives of airlines or organizations coming into the country to attend meetings and conferences of IATA and its affiliated subsidiary branches, whether or not those airlines or organizations are IATA members. Work permits, when warranted, may be issued to officers, employees or specialists contracted to IATA (Refer to Temporary Foreign Worker Guidelines).\nIATA representatives who are citizens of countries subject to Canadian temporary resident visa requirements should be provided with every courtesy when they apply for temporary residence. They are not eligible for diplomatic visas, but should be issued courtesy visas. Courtesy visas should be multiple-entry and long-term, i.e., for three years, except for citizens of special category and Vistor Information Transmission (VIT) countries where multiple-entry visas cannot be issued.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: International Air Transport Association", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/courtesy-visas.html" + }, + { + "id": "pdi-tr-137-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident: transit visa", + "marginal_note": "Temporary resident: transit visa", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nA transit visa is a fee-exempt temporary resident visa, which is required for foreign nationals from visa-required countries who are not eligible for an electronic travel authorization (eTA) to transit through Canada on their way to another country.\nAs per paragraph R296(2)(g) , to be eligible for a transit visa, a foreign national must be seeking to enter Canada for less than 48 hours and\nhave proof of\ntransiting through Canada between two international flights within less than 48 hours, or being a passenger on an international flight that stops at a Canadian airport on its way to another country\na valid visa to enter their destination country\nsatisfy an officer that their purpose is solely to transit through Canada\nTransit visas are issued as a single or two-entry visa.\nProcessing fees are exempted as per paragraph R296(2)(g) .\nBiometrics are required, but are fee exempt as per paragraph R315.1(2)(e)(i) .\nUS transit exemption: As per paragraph  R12.2(1)(h) , biometrics are not required for valid US non-immigrant visas and TRVs to transit to Canada for less than 48 hours directly to or from the US.\nThe Transit Without Visa Program and the China Transit Program allow certain foreign nationals to transit through Canada on their way to and from the US without a Canadian transit visa, as per paragraph R190(3)(c) , if they meet certain requirements.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary resident: transit visa", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/unique-situations/transit-visa.html" + }, + { + "id": "pdi-tr-138-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Requirements for minors", + "marginal_note": "Temporary residents: Requirements for minors", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nMinors traveling alone require a letter from both parents authorizing them to travel. Minors travelling with one parent require a letter of authorization from the non-accompanying parent.\nWhen travelling alone, minors must be in possession of a passport or travel document issued in their own name. They cannot travel with the passport or travel document of a parent (on which they are listed) unless the holder of the document (parent) accompanies them.\nPersons seeking entry at the POE with a child will be asked to produce the above-mentioned documentation. If they are not in possession of such documents, they may be required to provide the telephone numbers for the child's parent(s) and/or other documentation to satisfy an officer of the child's safety and well-being.\nNote: It is strongly recommended that children carry a consent letter each time they seek admission into Canada. Although anyone can witness/sign these letters, it is advisable to have them certified, stamped or sealed by an official who has the authority to administer an oath or solemn declaration (ex: a commissioner of oaths, notary public, lawyer, etc.) so that the validity of the letter will not be questioned.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Requirements for minors", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/requirements-minors.html" + }, + { + "id": "pdi-tr-138-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Requirements for minors — If the minor is not traveling with both parents", + "marginal_note": "If the minor is not traveling with both parents", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "It is the mandate of Citizenship and Immigration Canada, in conjunction with the federal Our Missing Children program , to ensure that the child is in the custody of an approved parent or guardian.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: If the minor is not traveling with both parents", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/requirements-minors.html" + }, + { + "id": "pdi-tr-138-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Requirements for minors — If a guardian is traveling with the minor", + "marginal_note": "If a guardian is traveling with the minor", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The guardian should present a statement from the parent(s), which:\nauthorizes the child to travel with someone else;\nprovides the name and telephone of the guardian; and\nindicates the destination and the period of time the child will be in Canada.\nNote: The child should have original identity documents. However, if the officer is not satisfied with the letter's authenticity, a faxed version of a parent's consent letter would be acceptable. The final decision rests with the POE officer. If minor children entering as students have the proper identity documents, they should not have any problems entering Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: If a guardian is traveling with the minor", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/requirements-minors.html" + }, + { + "id": "pdi-tr-139-0-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident: Business visitors", + "marginal_note": "Temporary Resident: Business visitors", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nOne of IRCC’s objectives is to facilitate the entry of visitors for the purpose of trade and commerce in Canada.\nAs per paragraph 186(a) of the Immigration and Refugee Protection Regulations (IRPR), business visitors may work without a work permit if they are not entering the Canadian labour market.\nNote: As per section R2 , work means an activity for which wages are paid or commission is earned, or that is in direct competition with the activities of Canadian citizens or permanent residents in the Canadian labour market.\nAs per section R187, business visitors include (but are not limited to) those who are\n(a) purchasing Canadian goods or services for a foreign business or government, or receiving training regarding such goods or services;\n(b) receiving or giving training within a Canadian parent corporation or a subsidiary that employs them outside Canada; and\n(c) foreign nationals representing a foreign business or government for the purpose of selling goods, if the foreign national is not engaged in making sales to the general public in Canada.\nIn order to be issued a business visitor visa, an applicant should\ndemonstrate that they are not directly entering the Canadian labour market\ndemonstrate that the business activity is international in scope\nestablish that they are primarily receiving income from a source outside of Canada and that their principal place of business is outside Canada\nprovide proof of their business purpose in Canada, including a letter of invitation (if applicable)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary Resident: Business visitors (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/business-persons-business-delegations.html" + }, + { + "id": "pdi-tr-139-0-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary Resident: Business visitors", + "marginal_note": "Temporary Resident: Business visitors", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "if their employer is supporting them financially for their trip, provide a letter from the employer indicating what financial support will be provided (this does not replace the need for the applicant to provide proof of their personal funds/establishment)\nThe above is not an exhaustive list, and officers should refer to the following links for more detailed information: Business visitors [R186(a)]: Authorization to work without a work permit - International Mobility Program and Business visitors - CUSMA .\nNote: Work experience obtained as a business visitor cannot be included in the calculation for the Canadian Experience Class. See Canadian Experience Class selection criteria - Qualifying work experience .\nFor more information on those who may be authorized to work without a work permit, see: Work without a permit list [R186 and public policies] - International Mobility Program .\nThe onus is on the applicant to provide all relevant documentation that would support a request for a business visa.\nOfficers may decide to limit the visa (validity period and number of entries) according to the applicant’s circumstances. Frequent business travellers who have a record of compliance with the terms and conditions of their visa may be eligible to receive a longer-term multiple-entry visa (see Issuing a visa ).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary Resident: Business visitors (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/business-persons-business-delegations.html" + }, + { + "id": "pdi-tr-140-0-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Persons wishing to enter Canada for the purpose of giving b", + "marginal_note": "Temporary residents: Persons wishing to enter Canada for the purpose of giving birth", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nUnder paragraph 3(1)(a) of the Citizenship Act, persons born in Canada are Canadian citizens. This right applies to all persons born in Canada, irrespective of the status in Canada of their parents, other than persons born to accredited diplomats.\nThere are no elements of the Immigration and Refugee Protection Act (IRPA) that refer to this right. Giving birth in Canada does not represent a violation of any terms or conditions that may be applied to a temporary resident. Thus, there is no provision in the IRPA to refuse a temporary resident visa (TRV) solely on the basis of the intent of the applicant to give birth in Canada.\nWhen it is known that an applicant is pregnant, assessment of the application should focus on the requirements applied to all applicants for a TRV. The fact of the pregnancy may be an element in the assessment but only insofar as it affects the assessment of the primary requirements for issuance of a TRV:\nDo applicants have sufficient funds?\nWill they leave Canada at the end of their period of authorized stay?\nAre they admissible?\nConsideration of the pregnancy and the stated or apparent intent to give birth in Canada must relate back to one of these essential requirements for TRV issuance.\nGuidelines for persons coming forward for medical treatment may provide officers with assistance in assessing applications from persons who are known to be pregnant and intending to give birth in Canada at the time of the TRV application. However, it is important to note that pregnancy would not normally present concerns regarding medical inadmissibility.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Persons wishing to enter Canada for the purpose of giving birth (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/persons-wishing-enter-canada-purpose-giving-birth.html" + }, + { + "id": "pdi-tr-140-0-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Persons wishing to enter Canada for the purpose of giving b", + "marginal_note": "Temporary residents: Persons wishing to enter Canada for the purpose of giving birth", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "With the introduction of the Temporary Public Policy Regarding Excessive Demand on Health and Social Services on June 1, 2018, the health-care costs related to a high‑risk pregnancy (prenatal care and delivery) do not exceed the excessive demand threshold. An assessment of excessive demand on health or social services do not apply to the future child, who will become a citizen at birth. Concerns regarding the demands that may be placed on health and social services by the child after birth in Canada may not be used in assessing the medical admissibility of the TRV applicant.\nIn applying the guidelines on temporary residents seeking medical treatment in Canada, officers should focus on available financial support as part of their assessment of admissibility.\nA medical examination should be requested only in exceptional cases, where the information from the examination would be material to the assessment of the application.\nThe application form for a TRV asks the applicant if they or any accompanying family members have any physical or mental disorders that will require social or health services during their stay in Canada. Answering “No” to this question should not normally be considered misrepresentation in the case of a pregnant applicant, given the terminology used. Pregnancy may not normally be viewed as a “medical condition.”", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Persons wishing to enter Canada for the purpose of giving birth (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/persons-wishing-enter-canada-purpose-giving-birth.html" + }, + { + "id": "pdi-tr-140-0-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Persons wishing to enter Canada for the purpose of giving b", + "marginal_note": "Temporary residents: Persons wishing to enter Canada for the purpose of giving birth", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "However, pregnancy or the intent to give birth in Canada may be material facts in the assessment of the application, which, if we are not advised of the pregnancy, may go unexamined; such facts may be material to the assessment of arrangements for treatment, of the financial ability to cover the costs of treatment or of the intent to depart from Canada, for example. Therefore, in some cases, the intentional concealment of intent to give birth in Canada may lead to an examination of admissibility under section 40 of the IRPA.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Persons wishing to enter Canada for the purpose of giving birth (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/persons-wishing-enter-canada-purpose-giving-birth.html" + }, + { + "id": "pdi-tr-141-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident applications from intending organ donors", + "marginal_note": "Temporary resident applications from intending organ donors", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe following procedures apply when assessing a temporary resident visa (TRV) application from an applicant wishing to enter Canada for the purpose of donating an organ to a Canadian citizen or permanent resident in Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary resident applications from intending organ donors", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/applications-intending-organ-donors.html" + }, + { + "id": "pdi-tr-141-1-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident applications from intending organ donors — 1. Three criteria should guide the initial assessment of the", + "marginal_note": "1. Three criteria should guide the initial assessment of the application.", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Evidence of medical compatibility between the donor and the recipient\nThe visa officer must be satisfied that the potential compatibility of the donor applicant and the recipient has been medically established.\nThe following documentation is normally required in this regard:\nA letter from a Canadian transplant specialist affiliated with a recognized transplant centre on the letterhead of the transplant centre or of the specialist. This letter should confirm\nthat a recipient has been identified;\nthat the applicant's medical tests have been completed and that the applicant appears to be a potential donor;\nthat the transplant centre will undertake the transplant surgery and treatment of the applicant if the applicant is approved as a donor; and\nthat the applicant's medical assessment, surgery, and hospital stay costs related to the donation are covered under the relevant provincial/territorial health insurance (refer to the instructions on proof of funds for further details).\nAdditional medical testing may be expected to occur in Canada.\nIt is essential for an applicant wishing to enter Canada for the purposes of organ donation to have a letter from a Canadian transplant specialist with the above information. Without such a letter, visa officers have little assurance as to the likelihood of organ donation and potential compatibility. An applicant should be requested to obtain such a letter, which would require them to undertake the appropriate tests.\nWith no letter from a Canadian transplant specialist indicating potential compatibility, the visa officer may refuse the application on the basis of bona fides .\nEvidence of satisfactory financial arrangements", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: 1. Three criteria should guide the initial assessment of the application. (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/applications-intending-organ-donors.html" + }, + { + "id": "pdi-tr-141-1-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident applications from intending organ donors — 1. Three criteria should guide the initial assessment of the", + "marginal_note": "1. Three criteria should guide the initial assessment of the application.", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The medical costs of the donor related to the donation are covered by the recipient's provincial/territorial health insurance or through specific provincial/territorial health funding. As previously indicated, the letter from the Canadian transplant specialist should indicate this provincial/territorial coverage.\nVisa officers must be satisfied that satisfactory financial arrangements have been made to cover costs not related to the organ donation, e.g., for the applicant's transportation to and from Canada as well as for accommodation and living expenses while in Canada. Time frames for medical pre-operative procedures, the surgery itself and the recovery period should be taken into consideration when estimating the applicant's living expenses while in Canada.\nVisa officers should request the applicant to provide evidence of private medical insurance coverage as medical conditions unrelated to the transplant process would not be covered by provincial/territorial health care insurance.\nEvidence that a sale of human organ is not being transacted\nThe visa officer must be satisfied on a balance of probabilities that no sale of human organs is taking place. “Sale” means not only the exchange of a human organ for a financial consideration, but may also mean the exchange of an organ for a non-monetary, valuable consideration.\nThe possibility of both exploitation and financial or other inducement—namely, trafficking in human organs—must be carefully examined. Factors to consider may include\nwhether or not the donor and recipient are related to each other;\nthe financial and social situations of both the donor and the recipient;\nthe donor's understanding of the medical risks and overall health impact of the surgery;", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: 1. Three criteria should guide the initial assessment of the application. (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/applications-intending-organ-donors.html" + }, + { + "id": "pdi-tr-141-1-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident applications from intending organ donors — 1. Three criteria should guide the initial assessment of the", + "marginal_note": "1. Three criteria should guide the initial assessment of the application.", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "the circumstances under which the applicant was identified as a potential organ donor;\nlocal social context (is recruitment of live organ donors known to be occurring, are live organ sales known to happen, etc.);\nwhether the donor has received or expects to receive a benefit (financial or other) as a direct result of the organ donation; and\nthe donor's level of commitment to the donation (i.e., are there any indicators that the donor is undecided and may choose not to make the organ donation once in Canada).\nIn instances where the visa officer is satisfied that on a balance of probabilities, a sale of human organs is indeed taking place, this factor must be part of the assessment of bona fides . If entry into Canada is part of the “valuable consideration” being exchanged for the living organ donation, it is unlikely the applicant will be able to satisfy the visa officer that they will leave Canada at the end of their authorized stay.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: 1. Three criteria should guide the initial assessment of the application. (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/applications-intending-organ-donors.html" + }, + { + "id": "pdi-tr-141-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident applications from intending organ donors — 2. In addition to the above three criteria, the officer shou", + "marginal_note": "2. In addition to the above three criteria, the officer should consider other factors that are relevant to establishing the bona fides of an applicant.", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As in any TRV application, the applicant must satisfy the visa officer that their stay in Canada will be a temporary one. A consideration in these circumstances should be whether—if complications arise or follow-up care is required following the surgery in Canada—the donor would have access to adequate health care in their home country. Unavailability of adequate local health care facilities might be an inducement to remain in Canada beyond the period of authorized stay.\nOfficers should be satisfied that the prospective donor is indeed the individual submitting the TRV application.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: 2. In addition to the above three criteria, the officer should consider other factors that are relevant to establishing the bona fides of an applicant.", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/applications-intending-organ-donors.html" + }, + { + "id": "pdi-tr-141-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident applications from intending organ donors — 3. If the applicant has been found to be inadmissible for an", + "marginal_note": "3. If the applicant has been found to be inadmissible for any reason, the visa officer may wish to consider whether the issuance of a temporary resident permit (TRP) is justified in the circumstances.", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As organ donation may be an imminent life or death matter or at least a serious medical quality of life issue for a Canadian citizen or permanent resident, visa officers may wish to consider whether there are compelling factors such as humanitarian and compassionate considerations that outweigh the risks due to the inadmissibility.\nNote: Sections 5.7, 5.8, 8, 9 and 10 chapter OP 20 contain helpful guidance in the balancing of factors when assessing whether it may be justified to issue a TRP.\nIn accordance with subsection A24(1), when the officer believes that the issuance of a TRP is justified, the TRV should be refused. TRP fees are applicable.\nWhile the buying and selling of human organs is illegal in all provinces and territories in Canada, it is a breach of a provincial regulation, not a criminal offence and, therefore, it does not render an applicant criminally inadmissible. However, where officers have determined organ trafficking is indeed occurring in the case before them, and have refused a TRV on the basis that the applicant is not a bona fide visitor but is seeking entry into Canada in exchange for the living organ donation, Canada's national interest is not best served by the issuance of a TRP that facilitates the illegal international trade in human organs.\nAll factors taken into consideration in making the decision—including any humanitarian and compassionate factors—should be recorded in the Global Case Management System.\nList of Canadian centres performing transplants\nThe Canadian Organ Replacement Register provides information on the recognized Canadian transplant centres.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: 3. If the applicant has been found to be inadmissible for any reason, the visa officer may wish to consider whether the issuance of a temporary resident permit (TRP) is justified in the circumstances.", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/applications-intending-organ-donors.html" + }, + { + "id": "pdi-tr-142-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents – Refusals overview", + "marginal_note": "Temporary residents – Refusals overview", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nWhen an applicant is found ineligible and the application will be refused, the refusal may be decided during either of the following times:\nafter review of a written application with no in-person interview conducted with the applicant\nat the conclusion of an interview with the applicant\nAn applicant should never be asked to attend an interview if it is evident through a review of the application that the applicant is ineligible and additional information would not alter a refusal decision.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents – Refusals overview", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/refusals-overview.html" + }, + { + "id": "pdi-tr-142-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents – Refusals overview — Grounds for refusal", + "marginal_note": "Grounds for refusal", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Applications may be refused in any of the following cases:\nThe foreign national does not meet the obligations of the Immigration and Refugee Protection Act and its Regulations, including those listed under\nsubsection A11\nparagraph A20(1)(b)\nsubsection R179 or paragraphs R200(1)(b) or R216(1)(b)\nThe officer is not satisfied that the foreign national will leave by the end of the period authorized for their stay.\nAny grounds for inadmissibility according to the Act [subsections A34 to 42], that is grounds related to any of the following:\nsecurity\nhuman or international rights violations\ncriminality\norganized crime\nhealth\nfinancial reasons\nmisrepresentation\nnon-compliance with the Act\ninadmissible family member\nNote: The standard letter should not be used for refusals for misrepresentation [A40]. For refusals under A40, the officer will use an A40 refusal letter that must include the information that the applicant is banned from entry into Canada for 5 years from the date of issuance of the A40 refusal letter.\nSee also Refusal at the port of entry .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Grounds for refusal", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/refusals-overview.html" + }, + { + "id": "pdi-tr-142-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents – Refusals overview — Case notes in Global Case Management System", + "marginal_note": "Case notes in Global Case Management System", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The officer should ensure that case notes in Global Case Management System (GCMS) are complete and accurate. The officer should do all of the following:\noutline the circumstances of the application\noutline the process followed in coming to or making the decision\nnote the presence and identity of an interpreter, if applicable\ntake into account any representations made by interested persons (or counsel) and make note of the nature and content of these representations\ndetail the reasons for the refusal\nNote: Refused applicants may seek redress from the Federal Court of Canada and the Canadian Human Rights Commission. If applicants choose this recourse, officers will have to provide their notes.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Case notes in Global Case Management System", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/refusals-overview.html" + }, + { + "id": "pdi-tr-143-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Individual cancellation of temporary resident visas, electr", + "marginal_note": "Temporary residents: Individual cancellation of temporary resident visas, electronic travel authorizations, work permits and study permits", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nOn January 31, 2025 , new authorities regarding individual cancellation of temporary resident documents came into force.\nThese regulatory changes give designated officers explicit authority to cancel electronic travel authorizations (eTAs), temporary resident visas (TRVs), work permits (WPs) and study permits (SPs) on a case-by-case basis.\nThese instructions apply to IRCC employees only.\nThese instructions apply to immigration documents only , not to applications.\nNote: These individual cancellation authorities are separate from changes implemented on March 15, 2024 that automatically cancel in GCMS by operation of law TRVs, eTAs, and temporary resident permits (TRP) when a removal order is made, and SPs and WPs when a removal order becomes enforceable.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Individual cancellation of temporary resident visas, electronic travel authorizations, work permits and study permits", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/cancellation-visa.html" + }, + { + "id": "pdi-tr-143-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Individual cancellation of temporary re — Regulatory provisions", + "marginal_note": "Regulatory provisions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The following tables provide an overview of the new individual cancellation authorities under the Immigration and Refugee Protection Regulations (IRPR).\nDiscretionary cancellations\nCancellation authority\nTRV\neTA\nSP\nSP\nInadmissibility\n180.1(a)\n12.07(a)\nN/A\nN/A\nIneligibility:\nDid not/Does not meet R179\n180.1(b)\nN/A\nN/A\nN/A\nIneligibility:\nIssued TRP after TRV or eTA\n180.1(c)\nN/A\nN/A\nN/A\nIneligibility:\nWill not leave by the end period of authorized stay\n180.1(d)\n12.06(j)\nN/A\nN/A\nIneligibility:\nRefused eTA, WP, SP or TRV after issuance\n180.1(e)\n12.06(k)\nN/A\nN/A\nIneligibility:\nSubject to A22.1(1) declaration\n180.1(f)\nN/A\nN/A\nN/A\nIneligibility:\nIneligible under R12.06\nN/A\n12.07(b)\nN/A\nN/A\nAdministrative error\n180.1(g)\n12.07(c)\n222.7\n209.01\nCancellations by operation of law\nCancellation authority\nTRV\neTA\nSP\nWP\nChange of status: Becomes permanent resident\n180.2(a)\n12.08(a)\n222.8(a)\n209.02(a)\nPassport lost, stolen or destroyed\n180.2(b)\n12.08(b)\nN/A\nN/A\nPassport abandoned\n180.2(c)\n12.08(c)\nN/A\nN/A\nDeceased individual\n180.2(d)\n12.08(d)\n222.8(b)\n209.02(b)\nImportant: If an inadmissibility and/or eligibility requirement was waived at the time a decision was rendered on the foreign national’s application, for example, by way of a temporary public policy, the immigration document cannot not subsequently be cancelled because the foreign national is inadmissible or ineligible due to that same requirement.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Regulatory provisions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/cancellation-visa.html" + }, + { + "id": "pdi-tr-144-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident visa: validity (expiry dates)", + "marginal_note": "Temporary resident visa: validity (expiry dates)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe expiry date on the temporary resident visa (TRV) is the date by which the visa must be used to seek admission to Canada. If the visa is not used on or before that date, it ceases to be valid.\nThe validity date is not the suggested duration of the visit. At the port of entry examination, CBSA officers determine the length of time temporary residents are authorized to stay in Canada.\nTypically, when an officer is satisfied that the foreign national is admissible, entry is granted for a 6-month period, unless the national holds a super visa (PG-1 or letter of introduction from the visa office), in which case the period authorized for their stay is 5 years on each entry.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary resident visa: validity (expiry dates)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/visa-validity-expiry-dates.html" + }, + { + "id": "pdi-tr-144-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary resident visa: validity (expiry dates) — Validity of stay upon re-entry", + "marginal_note": "Validity of stay upon re-entry", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "As per paragraph R190(3)(f) , foreign nationals who are normally required to have TRVs to enter Canada are exempt from that requirement when they seek to re-enter, if, since leaving Canada after being authorized to enter as a temporary resident, they have only visited St. Pierre and Miquelon or the United States (US) (including the territories and possessions of the US, but not including cruises that enter international waters), and they\nare returning within the initial period authorized by an officer or\nare in possession of a valid visitor record (VR), work permit (WP), study permit (SP) or a temporary resident permit (TRP) (authorizing re-entry) and are returning within the initial period authorized by an officer\nAn example of paragraph R190(3)(f): A foreign national in possession of a TRV valid for 1 year, who is subsequently issued a 4-year SP at a port of entry (POE), may leave and return to Canada after the expiry of the TRV as long as they have visited only the US or St. Pierre and Miquelon, and the SP is still valid.\nNot an example of paragraph R190(3)(f): A foreign national on a cruise ship departing from the US and entering international waters would not qualify for the visa exemption. They would require a valid TRV to re-enter Canada.\nUpon re-entry, foreign nationals must comply with all other admissibility requirements. If they visit any country other than the ones stated above, they are not TRV-exempt under this provision.\nIn determining the length of stay, the examining officers may\ngrant admission for an additional 6-month period or\nrefer to the initial period granted and limit the stay to that period (officer's discretion)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Validity of stay upon re-entry", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/visa-validity-expiry-dates.html" + }, + { + "id": "pdi-tr-145-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Examination and entry (temporary residents)", + "marginal_note": "Examination and entry (temporary residents)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThese instructions are an overview of the process for port of entry (POE) examinations. For comprehensive instructions on POE examinations, see ENF 4 – Port of entry examinations (PDF, 1.17MB) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Examination and entry (temporary residents)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/examination-admission-port-entry.html" + }, + { + "id": "pdi-tr-145-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Examination and entry (temporary residents) — Process at POEs", + "marginal_note": "Process at POEs", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Border services officers must be satisfied that all admissibility requirements have been met before authorizing entry of a foreign national to Canada.\nStep 1 – Primary inspection line\nThe foreign national arrives at a POE and is examined at a primary inspection kiosk or by a border services officer at the primary inspection line.\nThe foreign national is admitted to Canada if the border services officer or primary inspection kiosk is satisfied that the foreign national meets the admissibility requirements. Otherwise the foreign national is referred for a secondary examination.\nStep 2 – Secondary examination\nAt immigration secondary, a border services officer examines the foreign national, including reviewing documentation and Canada Border Services Agency (CBSA) systems, to determine admissibility.\nIf the person is admissible , then the officer may do the following (this list is not exhaustive):\nstamp the subject’s passport if applicable or requested\nissue the appropriate temporary resident document\nThe border services officer may also require that a deposit be posted to ensure the person complies with the terms and conditions imposed.\nIf the person is alleged to be inadmissible , then the border services officer\nmay write a report, per subsection 44(1) of the Immigration and Refugee Protection Act (IRPA), outlining the allegations of inadmissibility and forward it to a Minister’s delegate for review\nmay issue a temporary resident permit (TRP) to overcome the admissibility temporarily and admit entry to Canada\nshall allow the person to withdraw their application and leave Canada if the person chooses to do so; see subsection 42(2) of the Immigration and Refugee Protection Regulations (IRPR) for the exception", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Process at POEs (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/examination-admission-port-entry.html" + }, + { + "id": "pdi-tr-145-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Examination and entry (temporary residents) — Process at POEs", + "marginal_note": "Process at POEs", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Step 3 – Minister’s delegate review\nA Minister’s delegate reviews the report of alleged inadmissibility.\nIf the report is found valid , then the Minister’s delegate upholds the report and decides on the disposition of the case.\nThe disposition depends on the allegations and circumstances of each case and may include\nreferring the case to an admissibility hearing\nallowing the person to leave Canada\nissuing a TRP\nissuing a removal order\nThe Minister’s delegate may decide if a detention is warranted.\nIf the report is found not valid , then the Minister’s delegate may take no action on the report and authorize the person to enter Canada, or they may prepare another report with the accurate allegation.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Process at POEs (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/examination-admission-port-entry.html" + }, + { + "id": "pdi-tr-145-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Examination and entry (temporary residents) — Length of stay", + "marginal_note": "Length of stay", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A border services officer at the POE determines the length of time a temporary resident may remain in Canada, per subsection 183(2) of the Immigration and Refugee Protection Regulations (IRPR).\nNote: In general, stamps issued by a border services officer at a POE are valid for a period of 6 months from the date of entry. If a client does not receive a stamp in their passport due to being processed through a primary inspection kiosk, the client receives a validity period of 6 months from the date of entry.\nIf a handwritten date has been placed under the stamp, the period of authorized stay expires on that date. As border services officers are not required to place a stamp in a client’s passport at the primary inspection line or primary inspection kiosk, when a client leaves and seeks re-entry to Canada, the border services officer may elect not to stamp the passport. The subject then receives a 6-month visitor status at the time of the new entry.\nIf parents and grandparents who possess the temporary resident super visa or letter of introduction have a stamp in their passport with no handwritten date, or if they have no stamp, then the period of authorized stay is 5 years from the date of entry.\nSee Determining duration of visits for more information.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Length of stay", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/examination-admission-port-entry.html" + }, + { + "id": "pdi-tr-145-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Examination and entry (temporary residents) — General conditions", + "marginal_note": "General conditions", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Border services officers at a POE may impose prescribed conditions on a temporary resident at the time of entry.\nConditions are imposed to ensure that the foreign national adheres to the period and purpose for which they sought entry. Conditions also make foreign nationals aware of the need for formal authorization before extending that period or varying the purpose of their stay.\nSection R183 outlines the following conditions imposed on every temporary resident:\nThey may not engage in work without authorization.\nThey may not engage in studies without authorization.\nThey must leave Canada by the end of the period authorized for their stay.\nSection R184 lists specific conditions imposed on members of a crew.\nSection R185 states that an officer may impose, vary or cancel conditions.\nOnce admitted, temporary residents may apply to do any of the following:\nchange their conditions\nchange their status\nextend their status within Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: General conditions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/examination-admission-port-entry.html" + }, + { + "id": "pdi-tr-146-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Refusal at the Port of Entry", + "marginal_note": "Temporary residents: Refusal at the Port of Entry", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nAn officer at a port of entry (POE) may form the opinion that it would be contrary to the Immigration and Refugee Protection Act (IRPA) or its Regulations to allow a person to come into Canada. In this situation, the officer must decide whether to do one of the following:\nprepare a report ( A44(1) )\nallow the person seeking entry to Canada to withdraw their application or\nadmit the person and impose conditions ( A44(3) ).\nSection A44(2) establishes the course of action to be taken, should the Minister deterimines that the report is well-founded.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Refusal at the Port of Entry", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/refusal-port-entry.html" + }, + { + "id": "pdi-tr-146-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Refusal at the Port of Entry — Burden of proof", + "marginal_note": "Burden of proof", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The burden of proof regarding admissibility rests with the foreign national. If the foreign national is unable to satisfy an officer of their admissibility, they may be denied entry to Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Burden of proof", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/refusal-port-entry.html" + }, + { + "id": "pdi-tr-146-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Refusal at the Port of Entry — Case Review by a Minister's Delegate", + "marginal_note": "Case Review by a Minister's Delegate", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The A44(1) report written by an officer is forwarded to a Minister's Delegate who reviews it to ensure its validity and to render a disposition on the case.\nPersons denied entry to Canada will be notified of the reasons for the refusal and will be given an opportunity, at a case review with a Minister's Delegate, to provide evidence refuting the allegations.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Case Review by a Minister's Delegate", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/refusal-port-entry.html" + }, + { + "id": "pdi-tr-146-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Refusal at the Port of Entry — Detention", + "marginal_note": "Detention", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Depending on the disposition of each case, persons refused admission to Canada may be detained if there are reasonable grounds to believe that the person:\nis a danger to the public; or\nwould not appear for examination.\nAny person detained will be informed of the reason for the detention and notified of their right to counsel.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Detention", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/refusal-port-entry.html" + }, + { + "id": "pdi-tr-146-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Refusal at the Port of Entry — Right to Counsel", + "marginal_note": "Right to Counsel", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Although every person formally detained under IRPA has the right to counsel , the act of examination is not considered a form of detention, regardless of the duration of the process.\nSince the case review by the Minister's Delegate is considered part of the examination process, the subject does not have a legal right to counsel at this time.\nHowever, if a person's counsel is available and ready to proceed, they may be allowed to attend the case review by the Minister's Delegate.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Right to Counsel", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/refusal-port-entry.html" + }, + { + "id": "pdi-tr-147-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Security deposits and guarantees", + "marginal_note": "Temporary residents: Security deposits and guarantees", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe Immigration and Refugee Protection Act (IRPA) provides that officers, managers and others with the delegated authority may impose security deposits and guarantees on permanent residents and foreign nationals who are the subject of a report as per A44(1), an admissibility hearing or a removal order.\nCIC's objectives concerning the use of security deposits and guarantees are to:\nimpose the payment of deposits or the posting of a guarantee on foreign nationals and permanent residents within Canada to ensure compliance with any terms and conditions that may be imposed under IRPA and its Regulations; and\nallow the release of a person held in immigration detention, based on that person's agreement to abide by any terms and conditions of release, to ensure compliance with IRPA and its Regulations.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Temporary residents: Security deposits and guarantees", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/security-deposits-guarantees.html" + }, + { + "id": "pdi-tr-147-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Security deposits and guarantees — Fraud alert for clients", + "marginal_note": "Fraud alert for clients", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Protect yourself from a telephone scam that relates to security deposits. We’ll never ask you for any sort of security deposit or payment over the telephone. Learn more about Internet, email and telephone scams .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Fraud alert for clients", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/security-deposits-guarantees.html" + }, + { + "id": "pdi-tr-147-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Security deposits and guarantees — What is a security deposit?", + "marginal_note": "What is a security deposit?", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A security deposit is a sum of money deposited to undertake compliance with any terms and conditions imposed by an official under IRPA. It may be provided either by the person who is the subject of the terms and conditions or by a third party.\nDetails regarding the deposit:\nthe amount of money required will be determined by the officer on a case-by-case basis;\npayments are accepted in cash, certified cheque, bank draft, money order or debit card (credit card payments are not accepted);\ninland offices accept deposits in Canadian funds;\nports of entry (POE) accept deposits in US currency if the depositor does not have sufficient Canadian funds;\nno interest is paid on the sum of money deposited.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: What is a security deposit?", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/security-deposits-guarantees.html" + }, + { + "id": "pdi-tr-147-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Security deposits and guarantees — What is a guarantee?", + "marginal_note": "What is a guarantee?", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "A guarantee is a written undertaking by a third party that the person who is the subject of the guarantee will abide by the terms and conditions imposed by an officer or member of the Immigration Division. The guarantor is not required to provide a security deposit, unless the subject of the guarantee does not comply with the terms and conditions. A guarantee is also referred to as a conditional bond.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: What is a guarantee?", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/security-deposits-guarantees.html" + }, + { + "id": "pdi-tr-147-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Security deposits and guarantees — How are security deposits and guarantees imposed?", + "marginal_note": "How are security deposits and guarantees imposed?", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Security deposits and guarantees can be imposed at a POE or inside Canada to ensure compliance with conditions imposed under the following circumstances:\nupon admission to a person or group of persons (typically an entertainment group);\nto a permanent resident or a foreign national who is the subject of a report, admissibility hearing, or a removal order;\nwhere a person is detained and an officer orders their release before the first detention review by the Immigration Division;\nat a detention review or admissibility hearing.\nThe amount of the deposit or guarantee is fixed by an officer on the basis of the:\nfinancial resources;\nobligations imposed;\ncosts that would likely be incurred to locate and arrest the person or group, to detain them, to hold an admissibility hearing and to remove them from Canada; and\ncosts that would likely be incurred to enforce it (In the case of a guarantee).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: How are security deposits and guarantees imposed?", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/security-deposits-guarantees.html" + }, + { + "id": "pdi-tr-147-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Security deposits and guarantees — What must guarantors do?", + "marginal_note": "What must guarantors do?", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Third parties who post a guarantee and/or deposit a sum of money ( R47(2) ) must:\nbe a Canadian citizen or a permanent resident, physically present and residing in Canada;\nbe able to ensure that the subject of the bond will comply with the conditions imposed;\nprovide evidence of their ability to fulfill the obligation arising from the guarantee;\nprovide an address and advise the Department before any change in that address;\nnot have signed or co-signed other guarantees that are in default; and\nhave the capacity to contract in the jurisdiction where the guarantee is given.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: What must guarantors do?", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/security-deposits-guarantees.html" + }, + { + "id": "pdi-tr-147-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Security deposits and guarantees — What conditions are imposed on security deposits? ", + "marginal_note": "What conditions are imposed on security deposits? ", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "All security deposits and guarantees must impose the following conditions ( R48 ):\nprovide the Department with the address of the person posting the guarantee and advise the Department before any change in that address;\npresent themselves at the time and place that an officer or the Immigration Division requires them to appear to comply with an obligation imposed on them under the Act.\nIn addition, an officer may impose other conditions which may include:\nunless authorized, prohibited from attending any education institution;\nunless authorized, prohibited from taking any academic, professional or vocational training course;\nnot authorized to work in any occupation other than stated;\nnot authorized to work for any employer other than stated;\nnot authorized to work in any location other than stated;\nmust leave Canada by the specified date.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: What conditions are imposed on security deposits? ", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/security-deposits-guarantees.html" + }, + { + "id": "pdi-tr-147-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Temporary residents: Security deposits and guarantees — Processing security deposits and guarantees", + "marginal_note": "Processing security deposits and guarantees", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Stay of Removal\nGuarantees: A stay of removal from the Immigration Appeal Division (IAD) has the effect of rendering the guarantee null and void. The guarantee is left in the file and no further action is to be taken unless the terms and conditions were breached before the stay was ordered.\nSecurity Deposits: A stay of removal from the IAD has the effect of cancelling a security deposit. The security deposit will be refunded unless the terms and conditions were breached before the stay was ordered.\nWithdrawal\nIf a guarantor wants to rescind or cancel their guarantee, they must apply with an officer or a member of the Immigration Division; they must also appear in front of the officials with the subject of the guarantee. Officials will not locate and arrest the subject of a guarantee in order to relieve the guarantor of their obligations.\nIf the subject of the guarantee has another guarantor, they need to be present to sign conditions imposed by the officer or the member of the Immigration Division.\nForfeiture\nThe individual that provided the security deposit is liable for the forfeiture of the deposit should the subject default or breach any of the conditions imposed.\nIf the subject breaches any conditions, the guarantee may be enforced. Officers assess the merit of each case and submit a recommendation to their manager.\nRefunds\nOnce the conditions of a security deposit have been met, the office that initially imposed the bond must initiate a refund.\nIt is very important that the office receives the current address in order for the refund cheque to be mailed.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Processing security deposits and guarantees", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/security-deposits-guarantees.html" + }, + { + "id": "pdi-tr-148-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Manually processing electronic travel authorization applications", + "marginal_note": "Manually processing electronic travel authorization applications", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nApplications for electronic travel authorizations (eTAs), including eTA expansion, are, for the most part, online, automated applications. Applications that are not approved automatically by the Global Case Management System (GCMS) require manual review at the Electronic Processing and Intake Centre (ePIC). Applications may trigger manual review at different stages for either or both of the following reasons:\nidentity reconciliation\nderogatory information\neTA and eTA expansion applications are manually processed using essentially the same procedures.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Manually processing electronic travel authorization applications", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta/manually-processing-electronic-travel-authorization-applications.html" + }, + { + "id": "pdi-tr-148-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Manually processing electronic travel authorization applicat — On this page", + "marginal_note": "On this page", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Canadian citizen applicants\nCanadian permanent resident applicants\neTA expansion\nAdverse information associated with an eTA applicant\nAssessing admissibility\nAssessing multiple electronic travel authorization (eTA) applications\nRevalidating, inactivating and refusing an eTA\nEstablishing eTA validity\nService standards", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta/manually-processing-electronic-travel-authorization-applications.html" + }, + { + "id": "pdi-tr-148-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Manually processing electronic travel authorization applicat — Canadian citizen applicants", + "marginal_note": "Canadian citizen applicants", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Canadian citizens are not eligible to apply for an eTA and must travel to Canada using a Canadian passport. If GCMS identifies an eTA applicant as a Canadian citizen, the application drops out of the automated process. GCMS can identify a Canadian citizen only if the individual is a naturalized citizen. Dual-national individuals who are citizens by birth do not have a record of their citizenship in GCMS and are, therefore, not identifiable by GCMS.\nOfficers should consider the following:\nDoes the applicant’s immigration history confirm that they were indeed granted Canadian citizenship?\nIs there any information in GCMS that indicates Canadian citizenship has been revoked (this may include GCMS records or notes from previous applications)?\nProcedure\nLevel-1 decision makers at the ePIC query for these applications by performing a search in “IMM activities”, under “Automation”. The “Activity” is set to “Derogatory Information”, the “Sub-activity” is set to “Client Derogatory Information” and the “Status” is set to “Review Required”.\nThe officer should determine if the applicant is a Canadian citizen.\nIf the officer determines that the applicant is a Canadian citizen, the officer should withdraw the application.\nThe officer should contact the applicant and advise them that their application has been withdrawn and that they must use their Canadian travel document to enter Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Canadian citizen applicants", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta/manually-processing-electronic-travel-authorization-applications.html" + }, + { + "id": "pdi-tr-148-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Manually processing electronic travel authorization applicat — Canadian permanent resident applicants", + "marginal_note": "Canadian permanent resident applicants", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In some cases, applications can drop out of the automated process because the individual appears to be a permanent resident of Canada.\nIf the applicant is a permanent resident of Canada, they are not eligible for an eTA. See information on the travel requirements for Canadian permanent residents .\nOfficers should consider the following:\nDoes the applicant’s immigration history confirm that they were indeed granted permanent residence?\nIs there any information that shows that the applicant either lost or renounced their permanent resident status? Officers should note that, even if a person has renounced their status, their GCMS profile often still shows them as a permanent resident. Officers should look for more details regarding a possible renunciation if the GCMS profile is still listed as a permanent resident.\nProcedure\nLevel 1 decision makers at the ePIC query for these applications by performing a search in “IMM activities”, under “Automation”. The “Activity” is set to “Derogatory Information”, the “Sub activity” is set to “Client Derogatory Information” and the “Status” is set to “Review Required”.\nIf the applicant is a permanent resident and has not already gone through the formal process of relinquishing their status, they should be contacted to determine if they would like to relinquish their status voluntarily.\nif the applicant does not want to relinquish their status or does not reply to the request, the officer must\nwithdraw the application\nadvise the applicant that they need to get an appropriate travel document that demonstrates that they are a permanent resident, which may necessitate a determination of their status (see Permanent resident status determination )\nif the applicant wants to relinquish their status,\nthey may do so electronically (see Renouncing permanent residence) via their secure Immigration, Refugees and Citizenship Canada (IRCC) account, as part of their eTA application, or by submitting a paper application to their local migration office\nonce they have done so, assuming they are otherwise admissible, the officer may issue the eTA", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Canadian permanent resident applicants", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta/manually-processing-electronic-travel-authorization-applications.html" + }, + { + "id": "pdi-tr-148-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Manually processing electronic travel authorization applicat — eTA expansion", + "marginal_note": "eTA expansion", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Referrals for manual review\neTA expansion cases are referred for manual review for the same reasons as other eTA applications. However, eTA expansion cases undergo additional automated eligibility checks. Therefore, there are additional points in the eTA processing continuum at which an eTA expansion application may be referred to the ePIC for manual review.\nAssessing eTA expansion eligibility results\nPer subsections 7.01(1) and (2) of the Immigration and Refugee Protection Regulations (IRPR), foreign nationals may apply for an eTA only if they meet at least 1 of the 2 eligibility requirements at the time of application:\nhave held a Canadian temporary resident visa (TRV) in the past 10 years\nhold a valid United States (U.S.) non-immigrant visa\nOfficers should note that foreign nationals must also be travelling to Canada by air.\nGCMS creates a “Document Validation” activity only for eTA expansion clients, in the eTA application “Automation” tab, and auto-generates the following sub-activities:\n“Validate CAN Visa” (GCMS check of the Canadian TRV)\n“Validate USA Visa” (check of the U.S. non-immigrant visa)\nThe “Document Validation” activity is set to “Review Required” when at least 1 of the sub-activities is set to “Review Required”. This means that the eligibility requirement has not been met . An officer may refuse to issue an eTA, under subsection R7.01(2), only after verifying that the matched client is the right client (for example, by researching GCMS history or information provided in the application).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: eTA expansion (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta/manually-processing-electronic-travel-authorization-applications.html" + }, + { + "id": "pdi-tr-148-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Manually processing electronic travel authorization applicat — eTA expansion", + "marginal_note": "eTA expansion", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The “Document Validation” activity is set to “No Review Required” when at least 1 of the sub-activities is also set to “No Review Required”. This means that the eligibility requirement has been met . In this instance, the application does not drop out for manual review at this eligibility stage but continues through the automated processing continuum.\nPrevious TRV holder\nFor applicants who declare that they have held a Canadian TRV in the past 10 years, the system automatically searches GCMS for an approved Canadian TRV issued in the 10-year period immediately preceding the date of the application.\nIf no Canadian TRV is found, and if the client also provided U.S. non-immigrant visa information, a “Validate USA Visa” sub-activity is created. When the result of this query is “Review Required” (that is, the activity and sub-activity), the case may be refused, under subsection R7.01(2).\nIf no Canadian TRV is found, the case is referred for manual review (the “Document Validation” activity is set to “Review Required”, and the “Validate CAN visa” sub-activity is set to “Review Required”). The case may be refused, under subsection R7.01(2), for failure to meet the eligibility requirement.\nHolders of a valid U.S. non-immigrant visa\nFor applicants who declare that they hold a U.S. non-immigrant visa at the time of application, the system automatically searches GCMS for an approved Canadian TRV issued in the 10-year period immediately preceding the date of the application.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: eTA expansion (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta/manually-processing-electronic-travel-authorization-applications.html" + }, + { + "id": "pdi-tr-148-4-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Manually processing electronic travel authorization applicat — eTA expansion", + "marginal_note": "eTA expansion", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If no previous Canadian TRV is found, GCMS automatically sends a U.S. visa validation query to the U.S. The case may be refused , under subsection R7.01(2), for failure to meet the eligibility requirement when the “Document Validation” activity and “Validate USA Visa” sub-activity are set to “Review Required”, and the result is\nComplete – No Valid Document\nComplete – Lost/Stolen Document\nComplete – Revoked", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: eTA expansion (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta/manually-processing-electronic-travel-authorization-applications.html" + }, + { + "id": "pdi-tr-148-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Manually processing electronic travel authorization applicat — Adverse information associated with an eTA applicant", + "marginal_note": "Adverse information associated with an eTA applicant", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If the applicant previously applied for entry to Canada, either through an IRCC program or the Canada Border Services Agency (CBSA), at the port of entry (POE), or if they are already known to IRCC (for example, through intelligence), and if there is adverse information on file for them, it is uncovered through the automated eTA screening process performed in GCMS, which causes the application to be referred for manual review.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Adverse information associated with an eTA applicant", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta/manually-processing-electronic-travel-authorization-applications.html" + }, + { + "id": "pdi-tr-148-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Manually processing electronic travel authorization applicat — Assessing admissibility", + "marginal_note": "Assessing admissibility", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Part 1, Division 4, of the Immigration and Refugee Protection Act (IRPA) refers to inadmissibilities.\nTo facilitate the assessment of admissibility, the officer can\nexecute a Canadian criminal record check\nrequest documents from the applicant (this process should be used to obtain evidence (PDF, 177 KB) )\nWhen making a decision on an eTA application, the officer should also consider notable inadmissibility jurisprudence (PDF, 621 KB) .\nOfficers should note that cases for very important people where there is a known inadmissibility on file should be referred to an overseas officer for manual review. Officers who encounter such cases must contact the IRCC Case Management Branch (CMB) to determine if the individual is eligible for a public policy eTA, national interest eTA or national interest temporary resident permit. Officers must also familiarize themselves with the procedures for handling high-profile, complex, sensitive or contentious cases.\nSimilarly, if the officer encounters an application from an intending diplomat or official, the officer should contact the CMB to make them aware of the application. The CMB then consults with Global Affairs Canada (GAC) when necessary. Officers should not refuse these applications without first contacting GAC.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing admissibility", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta/manually-processing-electronic-travel-authorization-applications.html" + }, + { + "id": "pdi-tr-148-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Manually processing electronic travel authorization applicat — Assessing multiple electronic travel authorization (eTA) app", + "marginal_note": "Assessing multiple electronic travel authorization (eTA) applications", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Data entry errors with an incorrect passport number or country of issuance may result in unexpected delays for travellers. Although this is just one of various scenarios, this could prompt clients to re-apply for additional electronic travel authorization (eTAs), as no physical eTA document exists other than the approval email.\nWhen multiple applications exist\nThe assigned officer should collectively review all the applications and make an informed decision, based on the information provided. The final decision should be recorded on the latest application. The officer should cancel the earlier application or applications and the automatically generated cancellation letter or letters, to reduce confusion, so that clients receive only 1 correspondence regarding their eTA. This is important, as clients can refer only to a single eTA number when verifying the status of their eTA online .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing multiple electronic travel authorization (eTA) applications", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta/manually-processing-electronic-travel-authorization-applications.html" + }, + { + "id": "pdi-tr-148-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Manually processing electronic travel authorization applicat — Revalidating, inactivating and refusing an eTA", + "marginal_note": "Revalidating, inactivating and refusing an eTA", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "To support the policy intent of the eTA Program, sections 12.06 and 12.07 of the Immigration and Refugee Protection Regulations (IRPR) provide IRCC with the authority to revalidate and, if appropriate, cancel or inactivate a previously approved eTA document and refuse the associated eTA application.\nSection R12.06 describes instances where an eTA holder becomes ineligible to hold an eTA. Section R12.07 allows an officer to refuse an eTA application if a foreign national is inadmissible or becomes ineligible under section R12.06.\nLegal threshold for revalidations\nThe legal threshold for determining if an active eTA should be revalidated, refused or both is a determination of inadmissibility or ineligibility, based on a “balance of probabilities”. However, for serious inadmissibility included in sections A34 to A37, the lower threshold of “reasonable grounds to believe” applies. The inadmissibility does not need to be proven; it is enough for the officer to be satisfied, on reasonable grounds, that the applicant is inadmissible to Canada based on the information available.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Revalidating, inactivating and refusing an eTA", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta/manually-processing-electronic-travel-authorization-applications.html" + }, + { + "id": "pdi-tr-148-9", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Manually processing electronic travel authorization applicat — Establishing eTA validity", + "marginal_note": "Establishing eTA validity", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "An eTA is valid for 5 years, until passport expiry or until it is cancelled by an officer, whichever occurs first.\nThe IRPR also stipulate that an eTA ceases to be valid the day a new eTA is issued to the same person. The only exception to this rule is when an applicant possesses 2 different types of passports (for example, a regular passport and a diplomatic passport). In these cases, GCMS is programmed to allow the applicant to hold multiple eTAs.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Establishing eTA validity", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta/manually-processing-electronic-travel-authorization-applications.html" + }, + { + "id": "pdi-tr-148-11-p1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Manually processing electronic travel authorization applicat — Assessing multiple electronic travel authorization (eTA) app", + "marginal_note": "Assessing multiple electronic travel authorization (eTA) applications", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Data entry errors with an incorrect passport number or country of issuance may result in unexpected delays for travellers. Although this is just one of various scenarios, this could prompt clients to re-apply for additional electronic travel authorization (eTAs), as no physical eTA document exists other than the approval email. The Global Case Management System (GCMS) does not limit the number of eTA applications a client can submit. As a result, officers may encounter unique client identifiers (UCIs) with multiple eTA applications at various stages of processing (for example, pending requested documents, approved, refused, open, closed).\nOfficers should always check for multiple eTA applications when processing applications.\nWhen multiple applications exist\nIf multiple open applications belonging to a single UCI are in GCMS, the officer should do the following:\nIf none of the applications is assigned, the officer should assess all applications to verify that the client and application data are consistent (for example, the statutory questionnaire and biographical data).\nIf at least 1 of the applications is already assigned to a different officer or office, the officer should assign all remaining open eTA applications (for example, via file transfer to change the primary office) to the same officer (if the fellow officer belongs to the same office) or office for concurrent assessment.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing multiple electronic travel authorization (eTA) applications (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta/manually-processing-electronic-travel-authorization-applications.html" + }, + { + "id": "pdi-tr-148-11-p2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Manually processing electronic travel authorization applicat — Assessing multiple electronic travel authorization (eTA) app", + "marginal_note": "Assessing multiple electronic travel authorization (eTA) applications", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "The assigned officer should collectively review all the applications and make an informed decision, based on the information provided. The final decision should be recorded on the latest application. The officer should cancel the earlier application or applications and the automatically generated cancellation letter or letters, to reduce confusion, so that clients receive only 1 correspondence regarding their eTA. This is important, as clients can refer only to a single eTA number when verifying the status of their eTA online .\nNote: If information is inconsistent, the officer must determine the best course of action, depending on the nature of the inconsistencies. In some cases, pursuing a refusal for misrepresentation under section 40 of the Immigration and Refugee Protection Act (IRPA) is appropriate.\nIf the client has previously applied for an eTA and decides to apply for an additional eTA, the officer should do the following:\nIf a client has an active eTA application and subsequently submits an application that drops out for manual review, the officer should proceed to assess the derogatory information (such as criminality) on the open file. If the determination is negative, the previously approved file should be revalidated, following the established revalidation procedures.\nIf a client has a refused eTA application because of derogatory concerns (such as criminality) and subsequently applies with no declaration of derogatory information, the officer should investigate the inadmissibility or eligibility concern that has not been declared in the recent application and possibly pursue a misrepresentation determination.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing multiple electronic travel authorization (eTA) applications (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta/manually-processing-electronic-travel-authorization-applications.html" + }, + { + "id": "pdi-tr-148-11-p3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Manually processing electronic travel authorization applicat — Assessing multiple electronic travel authorization (eTA) app", + "marginal_note": "Assessing multiple electronic travel authorization (eTA) applications", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Note: If information is inconsistent, the officer must determine the best course of action, depending on the nature of the inconsistencies. In some cases, pursuing a refusal for misrepresentation under section A40 is appropriate.\nBecause GCMS automatically replaces and inactivates formerly active eTAs associated with the same passport number when a new approval is recorded, applying for multiple eTA approvals could negatively impact clients who are verifying their status with the Check Status Tool . The tool would inform them that they do not hold an eTA, which could lead to additional eTA submissions and case-specific enquiries.\n-->", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Assessing multiple electronic travel authorization (eTA) applications (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta/manually-processing-electronic-travel-authorization-applications.html" + }, + { + "id": "pdi-tr-149-0", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Electronic travel authorization: Client service", + "marginal_note": "Electronic travel authorization: Client service", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Electronic travel authorization: Client service", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/electronic-travel-authorization-client-service.html" + }, + { + "id": "pdi-tr-149-1", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Electronic travel authorization: Client service — Electronic travel authorization (eTA) client service options", + "marginal_note": "Electronic travel authorization (eTA) client service options", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "In order to adhere to Immigration, Refugees and Citizenship Canada (IRCC)’s service excellence goals, the eTA program is leveraging many available client service channels and has developed some eTA-specific client service options. These include the following:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Electronic travel authorization (eTA) client service options", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/electronic-travel-authorization-client-service.html" + }, + { + "id": "pdi-tr-149-2", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Electronic travel authorization: Client service — Online support", + "marginal_note": "Online support", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "IRCC’s external website contains many useful tools for clients seeking more information on eTA:\nthe online Help Centre , which provides information on eTA as well as answers to frequently asked questions;\nthe Help with eTA page for clients;\nhow-to videos on eTA , which educate clients on the new requirement;\nthe eTA check status tool , which provides clients with up-to-date information on the status and expiry of their application;\nDescriptions of each of the fields on the eTA application form are available to clients in the Canadian official language of their choice (English or French), as well as in Arabic, German, Italian, Japanese, Korean, Portuguese, Simplified and Traditional Chinese, and Spanish.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Online support", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/electronic-travel-authorization-client-service.html" + }, + { + "id": "pdi-tr-149-3", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Electronic travel authorization: Client service — Visa application centres (VACs)", + "marginal_note": "Visa application centres (VACs)", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "VACs can respond to general eTA-related enquiries by providing in-person and phone assistance and information to current and prospective clients.\nVACs are also equipped with Internet-enabled self-serve computers on which eTA clients who do not have access to the Internet at home or elsewhere can apply for an eTA. VACs also have scanners that clients can use to help facilitate the process of providing documents to IRCC.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Visa application centres (VACs)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/electronic-travel-authorization-client-service.html" + }, + { + "id": "pdi-tr-149-4", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Electronic travel authorization: Client service — 1-800-O-Canada", + "marginal_note": "1-800-O-Canada", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Anyone who has questions on the Government of Canada’s services and programs, including the eTA, can call 1-800-O-Canada to obtain information and answers. Service Canada, who owns this call centre, has been provided with detailed information on the eTA program to permit agents to respond to enquiries about the eTA.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: 1-800-O-Canada", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/electronic-travel-authorization-client-service.html" + }, + { + "id": "pdi-tr-149-5", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Electronic travel authorization: Client service — IRCC National Call Centre", + "marginal_note": "IRCC National Call Centre", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Clients may call the National Call Centre with questions regarding eTA. Agents have detailed information on the eTA program and specific info-client scripts to use when answering an eTA question over the phone.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: IRCC National Call Centre", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/electronic-travel-authorization-client-service.html" + }, + { + "id": "pdi-tr-149-6", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Electronic travel authorization: Client service — Web notices", + "marginal_note": "Web notices", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "If a major technical issue occurs, such as a system outage, the Communications Branch will post real-time notices to the external IRCC website as well as to social media to inform clients of the problem. The messaging will be removed as soon as the issue is resolved.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Web notices", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/electronic-travel-authorization-client-service.html" + }, + { + "id": "pdi-tr-149-7", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Electronic travel authorization: Client service — Issues encountered at airports", + "marginal_note": "Issues encountered at airports", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Air carriers have procedures and scripts to use in various client service scenarios.\nFor example, if an eTA-required traveller has not applied for an eTA before checking in for their flight, the air carrier may direct them to the eTA website to apply for their eTA.\nIf the eTA cannot be issued in advance of the departure of the flight, the traveller will not be permitted to board.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Issues encountered at airports", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/electronic-travel-authorization-client-service.html" + }, + { + "id": "pdi-tr-149-8", + "doc_type": "memorandum", + "act_code": "PDI-TR", + "act_short": "PDI Temporary Residents", + "act_name": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "section": "Electronic travel authorization: Client service — Types of enquiries", + "marginal_note": "Types of enquiries", + "part": "PDI — Temporary Resident Program (visitors, eTA, TRV, permits)", + "division": "", + "heading": "", + "text": "Clients applying for an eTA may require assistance at many stages of the application processes. Some examples include\nunderstanding whether or not they require an eTA to come to Canada;\ntechnical issues while completing the application form or thereafter;\naccessing the eTA application and correctly responding to the questions;\nproviding additional documents or information;\nobtaining the status of their application;\nobtaining a copy of lost or misplaced eTA correspondence via email;\nunderstanding the outcome of their eTA request and what other options are available to them;\nobtaining their eTA number.\nCommon case status enquiries include the following:\nprocessing times have passed (72 hours) and no decision has been made or request for additional documents received;\nthe client forgot to include some information on the application;\nthe client made an error and wants to correct the information;\nsome personal information has changed since the application was submitted;\nthe client is requesting a reconsideration of a negative decision.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Temporary Residents: Types of enquiries", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/electronic-travel-authorization-client-service.html" + }, + { + "id": "pdi-refugee-0-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Refugee protection", + "marginal_note": "Refugee protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nEach year, millions of people from around the world are forced to flee their homeland to escape persecution, war or severe human rights abuses. Canada helps those in need through our asylum and resettlement programs. Here you can find operational guidance on both streams of refugee protection.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Refugee protection", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection.html" + }, + { + "id": "pdi-refugee-0-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Refugee protection — Resettlement", + "marginal_note": "Resettlement", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Guidelines for identifying, assessing, preparing and supporting refugees admitted to Canada through its resettlement programs.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Resettlement", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection.html" + }, + { + "id": "pdi-refugee-0-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Refugee protection — Asylum claims made in Canada", + "marginal_note": "Asylum claims made in Canada", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Instructions on claims for refugee protection in Canada made at ports of entry and inland offices, including determining the eligibility of the refugee claim and screening.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Asylum claims made in Canada", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection.html" + }, + { + "id": "pdi-refugee-1-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Refugee resettlement", + "marginal_note": "Refugee resettlement", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "(REF-OVS-1)\nThis section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nFor specific instructions on processing applications submitted under various public policies and measures in response to the Afghanistan crisis, please consult Afghanistan: Program delivery instructions .\nIn accordance with its Annual Immigration Levels Plan , Canada accepts refugees as permanent residents under its Refugee Resettlement Program. As a signatory to the 1951 Refugee Convention, Canada accepts refugees for humanitarian reasons to align with its international obligations, protect those in need and reunite refugee families.\nIRCC works closely with partners to identify and resettle refugees located abroad for resettlement to Canada. Refugees may be referred by the United Nations High Commission for Refugees or another authorized referral organization, or by a private sponsor in Canada. IRCC processing targets are established to focus efforts where they are needed.\nCore programs\nRelated programs\nKey provisions\nResources", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Refugee resettlement", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement.html" + }, + { + "id": "pdi-refugee-1-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Refugee resettlement — Core programs", + "marginal_note": "Core programs", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "A refugee is initially submitted for resettlement as an applicant for either the Government-Assisted Refugee (GAR) Program or for the Private Sponsorship of Refugees (PSR) Program. The following section includes procedures and considerations for application intake, eligibility, admissibility, final decision, pre-departure and arrival in Canada for the core resettlement programs.\nGovernment-Assisted Refugee (GAR) Program\nProcess a refugee identified by an authorized referral organization for resettlement with full government assistance\nPrivate Sponsorship of Refugees (PSR) Program\nProcess a refugee identified for resettlement by a private sponsor", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Core programs", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement.html" + }, + { + "id": "pdi-refugee-1-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Refugee resettlement — Related programs", + "marginal_note": "Related programs", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The following section describes procedures and considerations for application intake, eligibility, admissibility, final decision, pre-departure and/or arrival in Canada for related programs and provisions for selected applicant types.\nQuebec resettlement – government-assisted refugee (Quebec GAR)\nProcess refugees referred for receipt of full support by the Government of Quebec\nQuebec resettlement – private sponsorship of refugee (Quebec PSR)\nProcess refugees identified by private sponsors approved by Quebec\nBlended visa office referral (BVOR)\nProcess government-assisted refugees who may benefit from sponsor support\nJoint assistance sponsorship (JAS)\nProcess government-assisted refugees with exceptional needs requiring extended support", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Related programs", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement.html" + }, + { + "id": "pdi-refugee-1-3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Refugee resettlement — Key provisions", + "marginal_note": "Key provisions", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Cases for priority or special processing\nFind considerations for assessing and processing special or priority case groups. Includes cases referred for urgent protection, vulnerable cases, public policies, applicants who are persecuted on the basis of their sexual orientation or gender identity expression (SOGIE-LGBTQI) and other groups requiring special attention\nDependent family members and separated-unaccompanied children\nConsult the definition of legal versus de facto dependent, how to process dependent(s) residing in a different location, adding a new dependent to a file before departure, processing cases submitted under the one-year window provision and situations involving separated children on their own", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Key provisions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement.html" + }, + { + "id": "pdi-refugee-1-4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Refugee resettlement — Resources", + "marginal_note": "Resources", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Resettlement: program delivery partners – roles and responsibilities\nKey partners within and outside of IRCC and their respective responsibilities regarding resettlement\nRefugee protection: Overview\nAbout the history and objectives of IRCC’s refugee programs\nResettlement: Legal references\nLegal instruments and information sources used to direct the delivery of the resettlement program in Canada\nGlossary\nTerms and definitions related to refugee protection and resettlement", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Resources", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement.html" + }, + { + "id": "pdi-refugee-2-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "In-Canada claims for refugee protection", + "marginal_note": "In-Canada claims for refugee protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThis section details the steps required to process a refugee claim in Canada. This is referred to as the “front-end process”, in which eligibility of the refugee claim is determined and screening of the claimant is initiated.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: In-Canada claims for refugee protection", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada.html" + }, + { + "id": "pdi-refugee-2-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "In-Canada claims for refugee protection — Intake", + "marginal_note": "Intake", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Intake is the first step in the in-Canada refugee claim process.\nThere are 4 ways that a claim is considered to be made in Canada. Learn about\nclaims, including who can make them\nprocedures at ports of entry (POEs)\nprocedures from within Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Intake", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada.html" + }, + { + "id": "pdi-refugee-2-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "In-Canada claims for refugee protection — Processing", + "marginal_note": "Processing", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Learn about\neligibility for referral to the IRB\nadmissibility\ninterviews\nthe Safe Third Country Agreement\nspecial claimant types\nminors and vulnerable persons\nwithdrawals and suspensions\npost-interview processing and final decision\ngeneral requirements and administration\n ", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Processing", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada.html" + }, + { + "id": "pdi-refugee-3-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA)", + "marginal_note": "Pre-removal risk assessment (PRRA)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe Immigration and Refugee Protection Act (IRPA) provides that, with certain exceptions, persons in Canada may, in accordance with the Regulations, apply for protection if they are subject to a removal order that is in force. This is called pre-removal risk assessment (PRRA).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Pre-removal risk assessment (PRRA)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment.html" + }, + { + "id": "pdi-refugee-3-1-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA) — Table of contents", + "marginal_note": "Table of contents", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "General policy\nGeneral policy\nThe Charter and PRRA\nIntake\nWho can apply for a PRRA\nNotification of eligibility to apply for a PRRA\nStay of removal for PRRA applicants\nRegulatory stay of removal\nNo stay of removal\nApplicants described in subsection A112(3)\nPersons subject to security certificates\nSubsequent PRRA applicants\nWho cannot apply for a PRRA\nProtected persons and Convention refugee who obtained their status abroad (Non-Refoulement section A115)\nPerson subject to an authority to proceed under the Extradition Act\nRefugee claimants coming from a safe third country\nCertain unsuccessful refugee claimants and previous PRRA applicants\nPRRA bar\nUnsuccessful refugee claimants applying for their first PRRA\nSituations where the PRRA bar does not apply\nCalculating the bar\nExemptions to the PRRA bar\nPRRA – Exemption to the bar (table)\nTimelines, inland and port of entry (POE) applications\nApplications made within 15-day period after inland PRRA notification\nApplications made after expiration of the 15-day period and subsequent applications\nApplications made by persons at the port of entry (POE) and across the entire land border\nApplications made by persons who are issued a removal order at the POE\nApplications for persons who have departed Canada without obtaining a Certificate of Departure and have subsequently arrived at the POE\nApplications made by persons subject to security certificates – subsection A77(1)\nProcessing procedures and guidelines\nAssessing the evidence\nIdentifying the issues\nConsideration of submissions\nAccepting new evidence\nConducting research\nUsing information obtained through Internet research\nHow much research is enough?\nWeighing the evidence\nStandard of proof\nEstablishing the facts – balance of probabilities\nLegal test to be met", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Table of contents (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment.html" + }, + { + "id": "pdi-refugee-3-1-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA) — Table of contents", + "marginal_note": "Table of contents", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Section A96 – serious possibility or reasonable chance\nParagraphs A97(1)(a) and (b) – balance of probabilities\nSelf-serving evidence\nThe risk must not be faced generally – generalized oppression and crises\nState protection\nOperational adequacy test\nInability or unwillingness to make use of state protection\nPotential country of reference\nCountry of reference for stateless persons\nInternal flight alternative\nCompelling reasons\nFactors that could lead to a rejection of the application\nCountry against which risk is assessed\nCountry of nationality or citizenship or habitual residence\nRefugees “ sur place ”\nApplicant restrictions on access to protection\nEstablishing that an applicant is described in subsection A112(3)\nSubsection A112(3) applicants who are also described in paragraph A113(e)\nConsideration of PRRA applications from persons inadmissible for serious criminality: former versus current legislation\nProcedures: subsection A112(3) applicants\nApplicant not described in section A97 nor [if applicant falls under paragraph A113(e)] in section A96 after risk assessment\nApplicant described in section A97 or [if applicant falls under paragraph A113(e)] in section A96, including senior immigration officer and CBSA removals officer responsibilities\nCoordination between the CBSA Danger Assessments and National Security Cases (DANSC) and IRCC Migration Integrity Operations Branch (MIOB)\nPreparation of restriction assessments\nDisclosure\nProcedural fairness\nReceipt of submissions\nDecision and delivery\nMinisterial stay of removal\nAnnex A – PRRA applications from persons inadmissible for serious criminality: former versus current legislation\nExclusions\nOverview\nAuthority to assess exclusions\nWhen to consider exclusions\nAssessing Article 1F exclusions in a PRRA\nArticle 1F: General", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Table of contents (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment.html" + }, + { + "id": "pdi-refugee-3-1-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA) — Table of contents", + "marginal_note": "Table of contents", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Article 1F(a): Crime against peace, war crime, or crime against humanity\nArticle 1F(b): Serious non-political crime\nArticle 1F(c): Acts contrary to the purposes and principles of the United Nations\nFurther resources\nModes of liability, Ezokola and defences\nModes of liability\nThe Ezokola test\nDefences\nProcessing exclusions in a PRRA context\nImpact of the Article 1F exclusion clause assessment\nInterpreting section A96\nImmigration and Refugee Protection Act (IRPA) section 96\nWell-founded fear\nObjective and subjective fear\nStandard of proof\nLegal test to establish a risk of persecution\nPast and future persecution\nPersecution\nAssessing persecution cases involving prosecution\nAssessing the reason for persecution - Nexus\nRace\nReligion\nNationality\nMembership in a particular social group\nPolitical opinion\nInterpreting section A97\nImmigration and Refugee Protection Act (IRPA) section 97\nDanger of torture, risk to life, risk of cruel or unusual treatment or punishment\nWhat is torture?\nExamples of torture\nGrounds for torture\nAgent of torture\nDanger of torture\nMaking an objective assessment of the danger of torture\nDetermining the past, present or future likelihood of torture\nAssessing risk to life or risk of cruel and unusual treatment or punishment\nApplying the standard of proof\nAssessing protection of the State (State agent and non-State agent)\nAssessing the objective risk to life or of cruel and unusual treatment or punishment\nAssessing the inability of the country of removal to provide medical care under subparagraph A97(1)(b)(iv)\nAsking key questions\nNo nexus\nAssurances in the death penalty cases\nInitiation of a request for assurances\nReferral of cases when the issue of assurances is not resolved\nOn receipt of assurances\nWhere no assurances are obtained\nDecisions", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Table of contents (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment.html" + }, + { + "id": "pdi-refugee-3-1-p4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA) — Table of contents", + "marginal_note": "Table of contents", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Writing guidelines\nReasonableness standard in administrative review\nAvoiding bias or appearance of bias\nHandling PRRA decisions\nSubmissions received after a PRRA decision is made\nRequests for reconsiderations of a negative decision\nSteps\nFactors to review when deciding whether to reconsider\nOral hearings\nWhen to hold a hearing\nCredibility-based hearings\nMandatory hearings\nProviding notice\nIncluding all issues of fact\nScope of the examination\nDifferences between issues of fact, issues of law, and issues of mixed fact and law\nConducting a hearing: General guidelines\nHearing procedures\nRecording the hearing\nFailure to appear\nRole of Counsel or representative\nParticular circumstances\nMinors\nSituations where a person’s disability, vulnerability and/or personal characteristics may require procedural accommodations and/or substantive considerations\nGender considerations\nCases involving sexual orientation, gender identity and expression, and sex characteristics (SOGIESC)\nRemovals and stay of removal\nCountry of removal\nStay of removal\nDuration of regulatory and Ministerial stays\nReview of Ministerial stay of removal\nWhen to review: Change in circumstances\nProcess for review of stay of removal\nAbandonment, withdrawal, and vacation\nAbandonment\nWithdrawal\nVacation\nWhen vacation is initiated\nAdverse information should be disclosed\nDecision on vacation\nVacation pending application for permanent residence or where person is a permanent resident", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Table of contents (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment.html" + }, + { + "id": "pdi-refugee-4-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Section A115 cases – Non-refoulement assessments", + "marginal_note": "Section A115 cases – Non-refoulement assessments", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nFor in formation on the pre-removal risk assessment (PRRA), please consult the PRRA program delivery instructions .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Section A115 cases – Non-refoulement assessments", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/non-refoulement.html" + }, + { + "id": "pdi-refugee-4-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Section A115 cases – Non-refoulement assessments — On this page", + "marginal_note": "On this page", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "General policy\nSubsection A115(1) Protection\nSubsection A115(1) Assessments at the port of entry (POE)\nSubsection A115(2) Exceptions", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/non-refoulement.html" + }, + { + "id": "pdi-refugee-4-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Section A115 cases – Non-refoulement assessments — General policy", + "marginal_note": "General policy", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The United Nations 1951 Convention relating to the Status of Refugees (Refugee Convention), supplemented by its 1967 Protocol , help protect refugees. The Refugee Convention created legal obligations for States, like Canada, that are party to it to not return refugees to places where they face risk. This is described by the term “non-refoulement”.\nArticle 33(1) of the Refugee Convention indicates:\nNo Contracting State shall expel or return (\"refouler\") a refugee in any manner whatsoever to the frontiers of territories where his [or her] life or freedom would be threatened on account of his [or her] race, religion, nationality, membership of a particular social group or political opinion.\nArticle 33(2) provides an exception to this principle of non-refoulement:\nThe benefit of the present provision may not, however, be claimed by a refugee whom there are reasonable grounds for regarding as a danger to the security of the country in which he is, or who, having been convicted by a final judgement of a particularly serious crime, constitutes a danger to the community of that country.\nSection 115 of the Immigration and Refugee Protection Act (IRPA) supports Article 33:\nProtection\n115 (1)  A protected person or a person who is recognized as a Convention refugee by another country to which the person may be returned shall not be removed from Canada to a country where they would be at risk of persecution for reasons of race, religion, nationality, membership in a\nparticular social group or political opinion or at risk of torture or cruel and unusual treatment or punishment.\nExceptions\n(2)  Subsection (1) does not apply in the case of a person\n(a) who is inadmissible on grounds of serious criminality and who constitutes, in the opinion of the Minister, a danger to the public in Canada; or\n(b) who is inadmissible on grounds of security, violating human or international rights or organized criminality if, in the opinion of the Minister, the person should not be allowed to remain in Canada on the basis of the nature and severity of acts committed or of danger to the security of Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: General policy", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/non-refoulement.html" + }, + { + "id": "pdi-refugee-4-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Section A115 cases – Non-refoulement assessments — Subsection A115 (1) Protection", + "marginal_note": "Subsection A115 (1) Protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Persons in Canada who are protected persons or are recognized as Convention refugees by another country to which they may be returned are protected from removal ( refoulement ) to a country where they would be at risk of persecution, danger of torture, or of cruel and unusual treatment or punishment. In some cases such persons may face removal from Canada.\nPursuant to subsection A112(1) , persons described in subsection A115(1) are not entitled to apply for a PRRA. However, the principle of non-refoulement means that if they cite risks in the country where they may return (typically the country that recognized them as a Convention refugees), they cannot be removed there until their risk is assessed under section A115 .\nSubsection A115(1) assessments differ from PRRAs. In a regular PRRA, a stay will be in place pursuant to section 232 of the Immigration and Refugee Protection Regulations (IRPR) until the earliest of the events indicated in that provision occur. In the subsection A115(1) process, removal is barred by virtue of the wording of subsection A115(1) itself, which incorporates the Refugee Convention principle of non-refoulement. Removal cannot take place until the risk is assessed by Immigration, Refugees and Citizenship Canada (IRCC).\nSubsection A115(1) assessments are initiated by a Canada Border Services Agency (CBSA) removals officer during the removal process, much like a PRRA. The removals officer notifies the person that they have 30 days to submit their application and submissions to IRCC and gives them an Application for a Risk Assessment further to Section 115(1) of IRPA to complete. The person is also informed that they can waive the assessment by submitting a statement of no intention to apply.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Subsection A115 (1) Protection (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/non-refoulement.html" + }, + { + "id": "pdi-refugee-4-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Section A115 cases – Non-refoulement assessments — Subsection A115 (1) Protection", + "marginal_note": "Subsection A115 (1) Protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "If no submissions are received by IRCC after 30 days, the CBSA removals officer may proceed with removal arrangements.\nFor more information, see ENF 10 – Removals (PDF, 878 KB) .\nIf submissions are received, the IRCC PRRA decision maker carries out a risk assessment based on the protection grounds as enumerated in subsection A115(1) . Submissions, for a Convention refugee being removed to the country that recognized them as such should address any contention of risk in that country.\nThe CBSA removals officer is notified upon IRCC’s completion of the subsection A115(1) assessment and delivers the results to the person concerned.\nIf the decision is negative, the CBSA removals officer may proceed with removal arrangements.\nIf the applicant is found to be at risk, that finding has the effect of preventing removal to that country. The removals officer informs the person of the following:\nthe decision grants a legislative prohibition of removal based on the non-refoulement principle as defined in section A115\nthat removal will not take place\nthat the legislative prohibition of removal is temporary and may be subject to review in the event of a change in circumstances\nNote: For persons recognized as Convention refugees by another country to which they may return, subsection A115(1) does not apply if the country of removal is not the country in which they were recognized as Convention refugees. Such persons are not described in subsection A115(1), and they are normally entitled to apply for a PRRA.\nPursuant to subsection A115(3) , the Safe Third Country Agreement (STCA) applies to subsection A115(1) cases, unless there is an STCA exemption. For information on STCA exemptions, please see Processing in-Canada claims for protection: Safe Third Country Agreement (STCA) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Subsection A115 (1) Protection (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/non-refoulement.html" + }, + { + "id": "pdi-refugee-4-4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Section A115 cases – Non-refoulement assessments — Subsection A115(1) Assessments at the port of entry (POE)", + "marginal_note": "Subsection A115(1) Assessments at the port of entry (POE)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "During a border services officer’s examination of a person seeking entry to Canada, the person may state that they are seeking refugee protection. If this statement is made once a removal order has been made, the person subject to that removal order may not make a refugee claim per subsection A99(3) . However, persons who assert risk after becoming subject to a removal order that is in force are usually entitled to apply for a risk assessment. The border services officer interview will determine whether the person is entitled to a PRRA , an section A115 assessment, or neither.\nIn the course of the interview, if the border services officer finds the applicant described under subsection A115(1) , the officer will initiate an subsection A115(1) assessment and notify the person that they have 30 days to submit their application and submissions to IRCC. See process described above under subsection A115(1) Protection .\nThe CBSA cannot remove the person until the section A115 assessment is completed as removal is barred by virtue of the wording of subsection A115(1) itself.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Subsection A115(1) Assessments at the port of entry (POE)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/non-refoulement.html" + }, + { + "id": "pdi-refugee-4-5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Section A115 cases – Non-refoulement assessments — Subsection A115(2) Exceptions", + "marginal_note": "Subsection A115(2) Exceptions", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Paragraphs A115(2)(a) and (b) create exceptions to the protection offered by subsection A112(1) for persons with protected person status in Canada or who were recognized as Convention refugees by another country that are facing removal to their country of risk, if it is determined that the risk they would face there are outweighed by the danger they pose to the public in Canada, to the security of Canada or due to the nature and severity of the acts committed.\nThese cases are known as danger opinions, or ministerial opinions on danger to the public, nature and severity of the acts committed and danger to the security of Canada. The CBSA initiates these cases, and a senior decision maker at IRCC’s Migration Integrity Operations Branch (MIOB) renders the decision. The senior decision maker will determine whether the person should be allowed to remain in Canada by balancing the risks and any humanitarian and compassionate considerations with the danger to the public in Canada, the danger to the security of Canada, or due to the nature and severity of the acts committed, as the case may be.\nFor more information, see ENF28 –Ministerial opinions on danger to the public, nature and severity of the acts committed and danger to the security of Canada (PDF, 225 KB) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Subsection A115(2) Exceptions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/non-refoulement.html" + }, + { + "id": "pdi-refugee-5-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Legal references related to the asylum program in Canada", + "marginal_note": "Legal references related to the asylum program in Canada", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Legal references related to the asylum program in Canada", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/legal-references-related-refugee-protection.html" + }, + { + "id": "pdi-refugee-5-1-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Legal references related to the asylum program in Canada — Acts and regulations", + "marginal_note": "Acts and regulations", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "In-Canada claims\nFor information about:\nRefer to:\nWork permits\nR200 ; R206\nForeign national\nA(2)(1)\n“Board” (Immigration and Refugee Board)\nA(2)(1)\nObligation to provide relevant evidence\nA16(2)\nStudy permit - application after entry\nR215(1)(d)\nEvidence relating to identity\nA16(3)\nWhen a person makes an application\nR28\nEnforceable removal order\nA48(1) A48(2)\nDirect back to the United States\nR41\nUnaccompanied minor\nR228(4)\nObligation to appear for examination\nA18(1)\nObligation to answer truthfully\nA16(1)\nRemoval order in force – refugee claimants\nA49(2)\nInadmissibility - organized criminality\nA37(1)\nInadmissibility - serious criminality\nA36(1)\nReferral of refugee claim to the Refugee Protection Division\nA100(1)\nInadmissibility on grounds of security\nA34(1)\nDetention on entry\nA55(3)\nSuspension of claim after referral to the Refugee Protection Division\nA103(1)\nMedical examination requirement\nR30(1)(e)\nWorking day - definition\nR159\nApplicable removal order – refugee claim eligible or no eligibility determination made\nR228(3);\nR229(2)\nConferral of refugee protection\nA95(1)\nReport on inadmissibility – preparation of report\nA44(1)\nProtected person\nA95(2)\nInadmissibility - misrepresentation\nA40(1)\nClaim inside Canada\nA99(3)\nConsideration of claim by the Refugee Protection Division\nA100(3)\nRefugee claim ineligibility\nA101(1)\nReferral to Immigration Division for admissibility hearing; or removal order\nA44(2)\nBurden of proving that a refugee claim is eligible\nA100(4)\nEffect of redetermination\nA104(2)\nRequirements for a claim to be ineligible due to serious criminality\nA101(2)\nArrest and detention without warrant [ CBSA for action]\nA55(2)\nConvention refugee\nA96\nInadmissibility - health\nA38(1)\nRedetermination of eligibility\nA104(1)\nPerson in need of protection\nA97", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Acts and regulations (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/legal-references-related-refugee-protection.html" + }, + { + "id": "pdi-refugee-5-1-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Legal references related to the asylum program in Canada — Acts and regulations", + "marginal_note": "Acts and regulations", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Inadmissibility - non-compliance with Act\nA41\nInadmissibility - criminality\nA36(2)\nImposing conditions\nA44(3)\nInadmissibility - financial reasons\nA39\nAuthorizing entry to complete examination or hearing\nA23\nInadmissibility - violating human or international rights\nA35(1)\nMinor children - studying in Canada\nA30(2)\nAuthority to proceed with an examination\nA15(1)\nSuspension of claim before referral to the Refugee Protection Division\nA100(2)\nStudy permit – issuance following an examination\nR216\nResumption of RPD or Refugee Appeal Division proceedings\nA103(2)\nExclusion from refugee protection\nA98\nClaim for refugee protection\nA99(1)\nSeizure\nA140(1)\nImmigration, Refugees and Citizenship Canada ministerial reviews and interventions\nFor information about:\nRefer to:\nDefinition of refugee protection\nA95(1))\nDefinition of person in need of protection\nA95(2) & A97(2)\nDefinition of Convention refugee\nA96\nExclusion from the definition of refugee or of person in need of protection\nA98\nApplication for refugee protection\nA99\nEligibility of refugee protection claim\nA100 and A102\nGrounds of ineligibility\nA101\nNotice of ineligibility at the RPD or or at the RAD\nA104\nExtradition procedure\nA105\nUndocumented claimants and credibility\nA106\nDetermination on refugee claims by the RPD\nA107\nDetermination of manifestly unfounded refugee claims (MUC) by the RPD\nA107.1\nCessation of Refugee Protection [CBSA responsibility]\nA108\nVacation of Refugee Protection [CBSA responsibility]\nA109\nDesignated Countries of Origin by Minister (DCO)\nA109.1\nAppeal to the RAD from a RPD decision\nA110\nDecisions of the RAD\nA111\nLoss of permanent resident status\nA46\nPre-removal risk assessment (PRRA)\nA112 to A116\nPrinciple of non-refoulement of protected persons or Convention Refugees\nA115", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Acts and regulations (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/legal-references-related-refugee-protection.html" + }, + { + "id": "pdi-refugee-5-1-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Legal references related to the asylum program in Canada — Acts and regulations", + "marginal_note": "Acts and regulations", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Public Safety (PS) or C&I Minister’s right to intervene at the RPD\nA170\nPS or C&I Minister’s right to intervene at the RAD\nA171\nLegislative provisions concerning the IRB\nFor information on:\nRefer to section(s):\nComposition of the IRB\nA151 to A156\nHead office and staff\nA157 and A158\nChairperson of the IRB\nA159 and A160\nOperation of the IRB\nA161\nJurisdiction of the IRB\nA162\nComposition of panels\nA163\nPresence of the parties\nA164\nPower of inquiry\nA165\nHearings of the IRB\nA166\nCounsel and representation\nA167\nAbandonment\nA168\nDecisions\nA169\nOperation of the RPD\nA170\nOperation of the RAD\nA171\nDisciplinary actions\nA176 and A177\nPre-removal risk assessment\nFor information about:\nRefer to:\nExceptions to Application for Protection\nA112(2)\nA112(2)(a)\nA112(2)(b)\nA112(2)(c) A112(2)(d)\nRestrictions  \nRefugee protection may not result from an application.\nA112(3)  \nA112(3)(a) A112(3)(b) A112(3)(c)\nA112(3)(d)\nConsideration of application\n \nA113\nA113(a)\nA113(b)\nA113(c)\nA113(d)\nA113(d)(i)\nA113(d)(ii)\nEffect of decision\nA114(1)\nA114(1)(a)\nA114(1)(b)\nCancellation of stay\nA114(2)\nEffect of vacation\nA114(4)\nProtection\nA115(1)\nConferral of refugee protection\nA95(1) A95(1)(a) A95(1)(b) A95(1)(c)\nConvention refugee\nA96  A96(a) A96(b)\nPerson in need of protection\nA97(1) A97(1)(a) A97(1)(b) A97(1)(b)(i) A97(1)(b)(ii) A97(1)(b)(iii) A97(1)(b)(iv)\nApplication for protection\nR160(1)\nNotification\nR160(3)\nR160(3)(a)\nR160(3)(b)\nWhen notification is given\nR160(4)\nR160(4)(a)\nR160(4)(b)\nSubmissions\nR161(1)\nStay of removal\nR162\nApplication after 15-day period\nR163\nSubsequent application\nR165\nApplication at Port of Entry\nR166\nWithdrawal\nR170\nEffect of abandonment and withdrawal\nR171\nAssessments\nR172(2) R172(2)(a) R172(2)(b)\nWhen assessments given\nR172(3)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Acts and regulations (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/legal-references-related-refugee-protection.html" + }, + { + "id": "pdi-refugee-5-1-p4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Legal references related to the asylum program in Canada — Acts and regulations", + "marginal_note": "Acts and regulations", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Applicant not described in A 97\nR172(4)\nR172(4)(a)\nR172(4)(b)\nRe-examination of stay - procedure\nR173(1)\nR173(1)(a)\nR173(1)(b)\nR173(1)(c)\nAssessments and response\nR173(2)\nWhen assessments given\nR173(3)\nReasons for decision\nR174\nProtected person\nA95(2)\nPersons in need of protection\nA97(2)\nVacation of determination\nA114(3)\nApplicant described in A112(3)\nR172(1)\nHearing procedure\nR168 R168(a) R168(b) R168(c) R168(d)\nAbandonment\nR169\nR169(a)\nR169(b)\nExclusion - Refugee Convention\nA98\nHearing - prescribed factors\nR167\nR167(a)\nR167(b)\nR167(c)\nApplication for protection\nA112(1)\nApplication within 15-day period\nR162\nNew Evidence\nR161(2)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Acts and regulations (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/legal-references-related-refugee-protection.html" + }, + { + "id": "pdi-refugee-5-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Legal references related to the asylum program in Canada — International conventions and agreements", + "marginal_note": "International conventions and agreements", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Refugee\nConvention Relating to the Status of Refugees (1951)\nProtocol Relating to the Status of Refugees (1967)\nCartagena Declaration on Refugees (1984)\nStatute of the Office of the United Nations High Commissioner for Refugees (1950)\nConvention on the Reduction of Statelessness\nUN Declaration on Territorial Asylum (1967)\nWomen\nConvention on the Elimination of All Forms of Discrimination against Women\nConvention on the Political Rights of Women\nConvention on the Nationality of Married Women\nChildren\nConvention on the Rights of the Child\nOptional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict\nOptional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography\nC182 - Worst Forms of Child Labour Convention, 1999\nTorture, slavery and forced labour\nConvention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment\nSlavery Convention\nProtocol amending the Slavery Convention signed at Geneva on 25 September 1926\nSupplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery\nC029 - Forced Labour Convention\nC105 - Abolition of Forced Labour Convention\nConvention on the Prevention and Punishment of the Crime of Genocide (PDF, 15 KB)\nRome Statute of the International Criminal Court\nEconomic, civil and political rights\nInternational Covenant on Economic, Social and Cultural Rights\nInternational Covenant on Civil and Political Rights\nOptional Protocol Relating to the International Covenant on Civil and Political Rights\nHumanitarian law\nCanadian Human Rights Act\nGeneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: International conventions and agreements (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/legal-references-related-refugee-protection.html" + }, + { + "id": "pdi-refugee-5-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Legal references related to the asylum program in Canada — International conventions and agreements", + "marginal_note": "International conventions and agreements", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea\nGeneva Convention relative to the Treatment of Prisoners of War\nGeneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949\nProtocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of the Victims of International Armed Conflicts (Protocol I)\nProtocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of the Victims of Non-International Armed Conflicts (Protocol II)\nConvention on Certain Conventional Weapons\nInternational Convention on the Elimination of All Forms of Racial Discrimination\nOrganized crime\nUnited Nations Convention against Transnational Organized Crime (came into force on September 29, 2003) and its two protocols :\nProtocol to the United Nations Convention against Transnational Organized Crime to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (came into force on December 25, 2003)\nProtocol against the Smuggling of Migrants by Land, Sea and Air, an additional protocol to the United Nations Convention against Transnational Organized Crime (came into force on January 28, 2004)\nRatification dates for the most important instruments:  United Nations Treaty Collection – Multilateral Treaties Deposited with the Secretary-General .\nThe following site indicates the ratification dates for the most important instruments: http://treaties.un.org/Pages/Treaties.aspx?id=4&subid=A&lang=en .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: International conventions and agreements (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/legal-references-related-refugee-protection.html" + }, + { + "id": "pdi-refugee-5-3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Legal references related to the asylum program in Canada — Instruments and delegations", + "marginal_note": "Instruments and delegations", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The Ministers of Citizenship and Immigration (C&I) and Public Safety (PS) can designate persons or classes of persons to carry out any purpose or provision cited in the IRPA . These designated authorities are known as delegations and stem from A6 (1) and A6 (2). As a result of these delegations, officers are empowered to carry out certain provisions, legislative or regulatory, on behalf of the Minister.\nFor specific delegations and designations, refer to IL 3 .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Instruments and delegations", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/legal-references-related-refugee-protection.html" + }, + { + "id": "pdi-refugee-6-0-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Refugee protection: related forms", + "marginal_note": "Refugee protection: related forms", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nIn-Canada claims\nForm number\nTitle\nPurpose\nIMM 1442B\nFull Document Entry – Generic ( FOSS )\nA generic form used for all secure documents (Refugee Protection Claimant Document, Interim Federal Health Certificate, visitor record, work or study permits, temporary resident permit).\nIMM 5292B\nFull Document Entry – Generic ( FOSS )\nA generic form for non-secure documents (A44 report, eligibility decisions in respect of ineligible claims where the claimant is not eligible for a PRRA )\nIMM 0008\nGeneric application form for Canada\nA generic application for permanent residence that must be completed by all refugee claimants\nIMM 0008/DEP\nAdditional Dependants/Declaration\nTo be completed by refugee claimants when there are additional dependants who cannot be listed on the IMM 0008.\nIMM 5669 Schedule A\nBackground/Declaration\nAnnex to the IMM 0008 – must be completed by all applicants for permanent residence from inside Canada.\nIMM 0008 Schedule 12\nAdditional Information – Refugee claimants inside Canada\nAnnex to the IMM 0008 – must be completed by all refugee claimants from inside Canada.\nN/A ( IRB form)\nBasis of Claim document\nImmigration and Refugee Board form completed by the claimant when making their refugee claim.\nIMM 1392B\nDeclaration\nSigned statement given by person concerned declaring information given is the truth (used when officer decides it is necessary).\nIMM 1017\nMedical Report – Section A Client Identification and Summary\nUsed for the immigration medical examination (for claimant to take to a Panel Physician).\nIMM 1262\nAcknowledgement of Conditions", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Refugee protection: related forms (part 1 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/refugee-protection-related-forms.html" + }, + { + "id": "pdi-refugee-6-0-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Refugee protection: related forms", + "marginal_note": "Refugee protection: related forms", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Acknowledgement of the conditions imposed on the claimant.\nIMM 1265\nInterpreter Declaration\nInterpreters declaration of accurate interpretation.\nBSF 536\nEntry for Further Examination or Admissibility Hearing\nTo allow the entry to Canada of a foreign national awaiting further examination.\nIMM 5265B\nNotice of Seizure\nTo notify a person that their possessions have been seized pursuant to R253 (1) (b).\nBSF 667\nSearch\nTo record search details including the type of search, authorization, officers involved and search results (used by CBSA officers only).\nIMM 2048B\nPersonal Service Contract (Interpreters)\nPersonal service contract between CIC or CBSA and an interpreter.\nIMM 5243B\nReferral to Refugee Protection Division\nTo transmit information manually to the IRB when FOSS is unavailable\nBSF 529\nNotification to the Person Concerned by an Immigration Officer\nUsed in cases of re-determination of eligibility, when FOSS is unavailable.\nIMM 5476\nUse of a Representative/Release of Information\nUsed when the claimant is assisted by an authorized immigration representative.\nIMM 5317B\nWithdrawal of a Claim for Refugee Protection prior to Referral to RPD\nUsed when a claimant withdraws their claim before it has been referred to the IRB .\nBSF 528\nNotification to RPD , RAD and Person Concerned – Suspension\nTo provide notification that eligibility consideration has been suspended.\nIMM 5021B\nVoluntary Departure – Confirmation\nConfirmation by port of departure of voluntary departure from Canada. Copy for file.\nIMM 0421B\nOrder for Detention\nUsed when detaining a person under the IRPA .\nBSF 524 (formerly IMM 5245B)\nRequest for Admissibility Hearing / Detention Review pursuant to the Immigration Division Rules", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Refugee protection: related forms (part 2 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/refugee-protection-related-forms.html" + }, + { + "id": "pdi-refugee-6-0-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Refugee protection: related forms", + "marginal_note": "Refugee protection: related forms", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "When an admissibility hearing is scheduled, or when a detention review is required.\nBSF 525\nNotice of Admissibility Hearing\nIndicates the place, date, and time of an admissibility hearing.\nIMM 5569\nNotification of the Return of a Non-Resident Alien Under the Terms of the Agreement Between Canada and the United States for Cooperation in the Examination of Refugee Status Claims by Nationals of Third Countries\nTo notify the U.S.A. Department of Homeland Security when a person will be returned to the United States under the Safe Third Country Agreement.\nBSF 502\nNotice to Transporter\nTo notify a transportation company that an improperly documented person came to Canada on that carrier.\nReviews and interventions\nForm number\nTitle\nPurpose\nIMM 5354\nRequest for Consideration of Minister's Intervention\nFor use by officers when in possession of information that may support a possible intervention, cessation or vacation process.\nPRRA\nForm number\nTitle\nPurpose\nIMM 5508E\nApplication for a Pre-removal Risk Assessment\nGeneric form used to gather information for making a risk assessment for individuals who are facing removal and who wish to apply for protection under PRRA .\nIMM 5523E\nApplying for a Pre-removal Risk Assessment\nIndividuals who are facing removal from Canada may, if entitled to do so, apply for a Pre-Removal Risk Assessment using this application form and guide.\nIMM 5535E\nApplication for a Risk Assessment further to Section 115(1) of the Immigration and Refugee Protection Act.\nIndividuals who: are not entitled to apply for a Pre-Removal Risk Assessment; and are described in Section 115(1) of the Immigration and Refugee Protection Act and who are now facing removal, may apply for protection using this application.\nResettlement\nForm number\nTitle\nPurpose", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Refugee protection: related forms (part 3 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/refugee-protection-related-forms.html" + }, + { + "id": "pdi-refugee-6-0-p4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Refugee protection: related forms", + "marginal_note": "Refugee protection: related forms", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Forms for use outside Canada:\nForm number\nForm title\nPurpose\nIMM 0008\nGeneric Application Form for Canada\nApplication form for permanent residence in Canada.\nIMM 0008E, schedule 2\nApplication for Permanent Residence in Canada - Schedule 2 Refugees Outside Canada\nTo apply for resettlement to Canada as a Convention refugee or a member of the country of asylum class.\nIMM 5669E\nSchedule A- Background/Declaration\nTo provide background information.\nIMM 0500E\nImmigration Loan/Contribution\nTo authorize transportation loans, right of permanent residence loan and loan for medical examination and related costs.\nIMM 0501B\nImmigration Loan and Undertaking to Repay\nApplication for immigration loan and undertaking to repay the loan.\nIMM 5292B\nGeneric Document - 3 Part Distribution\nA generic form used for:\nthe printing of the Confirmation of Permanent Residence document; and\nthe printing of other non-secure documents\nIMM 5544B\nResettlement Needs Assessment Form\nTo document information on the medical condition of refugees to help resettlement workers and private sponsors make appropriate reception and settlement arrangements\nIMM 5485B\nSingle Journey Travel Document for Resettlement to Canada\nFor use when no other travel document is available\nIMM 5413\nRefugee sponsorship application\nContains forms and information necessary for Sponsorship Agreement Holders ( SAH ), Constituent Groups ( CG ), Groups of Five ( G5 ) and Community Sponsors ( CS ) to sponsor a refugee outside Canada\nIMM 5373E\nUndertaking / Application to Sponsor\nUndertaking to sponsor Convention Refugees Abroad and Humanitarian-Protected Persons Abroad Part of IMM 5413 application package\nIMM 5440E\nSettlement Plan and Financial Assessment- Sponsorship Agreement Holders and Constituent Groups", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Refugee protection: related forms (part 4 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/refugee-protection-related-forms.html" + }, + { + "id": "pdi-refugee-6-0-p5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Refugee protection: related forms", + "marginal_note": "Refugee protection: related forms", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Part of IMM 5413 application package\nIMM 5373AE\nSettlement Plan and Financial Assessment- Group of Five\nPart of IMM5413 application package\nIMM 5373BE\nFinancial Profile - Group of Five\nPart of IMM5413 application package\nIMM 5515E\nSettlement Plan and Financial Assessment- Community Sponsors\nPart of IMM5413 application package\nIMM 5729E\nConsent to Disclose and Collect Personal Information\nPart of IMM5413 application package\nIMM 5493E\nApplication for Refugee sponsorship: Joint Assistance sponsorship\nIMM 1324E\nUndertaking/Application for a Joint Assistance Sponsorship\nTo provide an undertaking to sponsor a refugee requiring special assistance and whose admissibility depends upon the additional support of a sponsor\nIMM 5494E\nSettlement Plan-Joint Assistance Sponsorship\nPart of IMM5493E application package\nIMM 5504\nRequest for a Joint Assistance Sponsorship Refugee Profile\nPart of IMM5493E application package\nIMM 5571E\nRequest for Processing Family Members under the One-Year Window ( OYW ) of Opportunity Provisions\nTo determine eligibility of family members to be processed under OYW opportunity (Quebec uses its own form)\nIMM 5578E\nRequest to process following family members under the one-year window of opportunity provisions.\nFor more forms related to in-Canada processing of resettled refugees (including assistance programs available), visit the inland processing section.\nPermanent residence\nFor forms related to processing permanent residence applications from protected persons and related immigration categories, see the permanent residents section.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Refugee protection: related forms (part 5 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/refugee-protection-related-forms.html" + }, + { + "id": "pdi-refugee-7-0-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Terms and definitions related to refugee protection", + "marginal_note": "Terms and definitions related to refugee protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nA\nB\nC\nD\nE\nF\nG\nH\nI\nJ\nK\nL\nM\nN\nO\nP\nQ\nR\nS\nT\nU\nV\nW\nX\nY\nZ\nAgent of torture\nAn important element of the definition of torture is that the pain or suffering amounting to torture must be inflicted by or at the instigation of, or with the consent or acquiescence of a public official or other person acting in an official capacity. However, the risk of torture need not be from the State government itself, and may arise, for instance, from an errant police force, the military or quasi-public actors (e.g. tribes responsible for enforcing locally accepted customs, particularly in countries where the rule of law is non-existent).\nAnchor relative\n(in context of Safe Third Country Agreement [STCA])\nA family member of the person seeking refugee protection, who is in Canada and who qualifies under the definition of family member pursuant to the Safe Third Country Agreement (STCA).\nArrival at a land border port of entry\nIncludes persons entering or attempting to enter the country through a port of entry (whether or not they present themselves for inspection); and persons apprehended or continuously observed crossing the land border by a port official within the physical boundaries of the port or in the immediate vicinity of the port. Includes persons who \"run the port\" after having ignored Primary Inspection Line instruction to report for Secondary Examination.\nBisexual\nAn individual who is physically, romantically and/or emotionally attracted to more than one gender. Some bisexual individuals may also identify as pansexual.\nChild in need of protection", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Terms and definitions related to refugee protection (part 1 of 15)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/terms-definitions-related-refugee-protection.html" + }, + { + "id": "pdi-refugee-7-0-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Terms and definitions related to refugee protection", + "marginal_note": "Terms and definitions related to refugee protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "In the context of child welfare, a child in need of protection is a child, as determined in the respective provincial jurisdiction, who may be at risk of abuse or has been abandoned, deserted or neglected, and includes children who are suspected to have been smuggled and trafficked.\nCisgender\nAn individual whose gender identity aligns with the sex they were assigned at birth.\nClaimant\nA person who claims refugee protection in Canada.\nCommunity of settlement\nCommunity of settlement refers to the village, town or city and surrounding areas where the refugee is expected to settle. The term “community” is used because there may be situations where the sponsor does not live directly in the same village, town or city but could be considered to reside in the same general community. In determining the community of settlement, the paramount consideration should be the sponsor’s ability to provide adequate, in-person support to the refugee, taking into account the distance between the sponsor and the refugee.\nConvention Against Torture (CAT)\nMeans the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, signed in New York on December, 1984.\nConvention refugee\nA98, also based on the Refugee Convention, excludes from this definition persons who:\nare recognized by the authorities in the country in which they have taken residence as having the same rights and obligations of persons possessing the nationality of that country\nhave committed a crime against peace, a war crime, a crime against humanity, a serious non-political crime outside their country of asylum prior to their admission to that country as a refugee\nhave been guilty of any acts contrary to the purposes and principles of the UN\nCo-sponsorship", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Terms and definitions related to refugee protection (part 2 of 15)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/terms-definitions-related-refugee-protection.html" + }, + { + "id": "pdi-refugee-7-0-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Terms and definitions related to refugee protection", + "marginal_note": "Terms and definitions related to refugee protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "A co-sponsor is a person or organization that partners with a sponsorship agreement holder or community sponsor to share responsibility for sponsorship support, per the sponsorship undertaking. Both are jointly and severally liable to fulfill the sponsorship obligations.\nCountry of citizenship\nCountry of citizenship is the country with which the applicant has the legal bond of nationality. In many cases, this will be the country in which the applicant was born or the country that has issued the applicant’s passport.\nCountry of former habitual residence\nThe term implies a situation where a stateless person was admitted to a given country with a view to continuing residence of some duration, without necessitating a minimum period of residence. Former habitual residence is only relevant when a claimant is stateless. It is parallel to the phrase \"\"country of nationality\"\" for claimants who have a nationality.\nCountry of last presence (STCA)\nThat country, being either Canada or the U.S.A., in which the refugee claimant was physically present immediately prior to making a refugee claim at a land border port of entry.\nCruel and unusual treatment or punishment\nThe concept of \"\"cruel and unusual treatment or punishment\"\" is found in section 12 of the Canadian Charter of Rights and Freedoms. Therefore, jurisprudence interpreting section 12 is applicable. For guidance in interpreting this see the PRRA section of Connexion.\nDependant of the principal applicant\nThe dependant of the principal applicant is a person who, in respect to the principal applicant, meets the definition of family member set out in subsection 1(3) of the Immigration and Refugee Protection Regulations (IRPR).\nDesignated country (STCA)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Terms and definitions related to refugee protection (part 3 of 15)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/terms-definitions-related-refugee-protection.html" + }, + { + "id": "pdi-refugee-7-0-p4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Terms and definitions related to refugee protection", + "marginal_note": "Terms and definitions related to refugee protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "R159.3 states that the U.S.A. is designated under paragraph 102(1)( a ) of the Act as a country that complies with Article 33 of the Refugee Convention and Article 3 of the Convention Against Torture, and is a designated country for the purpose of the application of paragraph 101(1)( e ) of the Act\nDesignated Country of Origin (DCO)\nCountries as designated under A109.1(1) by the Minister that do not normally produce refugees, respect human rights and offer state protection. Claims from DCO applicants will have their RPD hearing within 30 to 45 days of referral to the IRB and will not have access to the RAD.\nDestination matching request (DMR)\nThe destination matching request (DMR) is the process used for visa offices to request and/or confirm the final destination in Canada where Government-Assisted Refugees (GARs) will be resettled.\nDiverse sexual orientation and gender identity and expression (SOGIE)\nIndividuals who are perceived to have a sexual orientation or gender identity or expression that does not conform to socially accepted SOGIE norms. Such individuals include, but are not limited to, lesbians, gay men, and bisexual, trans, intersex and queer individuals.\nFamily member in context of exception to STCA\nIncludes spouse, sons, daughters, parents, legal guardians, siblings, grandpare n ts, grandchildren, aunts, uncles, nieces, and nephews (does not include in-laws).\nCanada recognizes common-law and same-sex spouses for the definition of family member in application of the STCA.\nSee also: Claimants who have family members in Canada .\nGay man\nAn individual who identifies as a man and whose physical, romantic and/or emotional attraction is primarily to other individuals who identify as men. Some women use gay to describe their same-sex attraction.\nGender", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Terms and definitions related to refugee protection (part 4 of 15)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/terms-definitions-related-refugee-protection.html" + }, + { + "id": "pdi-refugee-7-0-p5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Terms and definitions related to refugee protection", + "marginal_note": "Terms and definitions related to refugee protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The characteristics, attitudes and behaviours that are socially or culturally associated with a person’s sex. The categories and specific characteristics associated with gender may vary culturally. An individual’s gender includes gender identity and expression, both of which can be fluid and flexible. An individual’s gender identity and expression may or may not conform to the socially accepted gender norms of their culture.\nGender expression\nHow a person expresses or presents themselves in ways that may be associated with gender, including how a person is perceived in relation to gender. This can include behaviour and outward appearance such as dress, hair, makeup, body language, mannerisms, gait and voice. A person’s chosen name and pronoun are also common ways of communicating gender. How a person expresses their gender may change.\nGender fluid\nAn individual who is flexible about their gender identity rather than committing to a single gender. They may fluctuate between genders or express multiple genders at the same time.\nGender identity\nEach person’s internal and individual understanding of their gender. It is their sense of being a woman, a man, both, neither, or anywhere along the gender spectrum. A person’s gender identity may be the same as, or different from, their birth-assigned sex. A person’s understanding of their gender may change.\nGovernment-assisted refugees (GARs)\nGovernment-assisted refugees (GARs) are resettled refugees from abroad who are supported through the Resettlement Assistance Program (RAP).\nInternational Organization for Migration (IOM)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Terms and definitions related to refugee protection (part 5 of 15)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/terms-definitions-related-refugee-protection.html" + }, + { + "id": "pdi-refugee-7-0-p6", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Terms and definitions related to refugee protection", + "marginal_note": "Terms and definitions related to refugee protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The International Organization for Migration (IOM) has a primary mandate to make arrangements for the organized movement of foreign nationals, including refugees, displaced persons and other individuals in need of international migration services. It arranges transportation and medical examinations for refugees. In some locations, the IOM provides an in-depth Canadian Orientation Abroad (COA) Program on a contractual basis to refugees and foreign nationals before they arrive in Canada.\nIntersex\nIndividuals whose physical sex characteristics, such as their reproductive or sexual anatomy or chromosome patterns, do not conform with typical notions of female or male sex. These patterns may become apparent at birth, may develop later (at puberty or in adulthood), or may remain unrecognized.\nJoint assistance sponsorship (JAS)\nThe JAS program enables sponsoring groups to partner with CIC in the resettlement of refugees who, because of special needs or circumstances, are expected to require an extended resettlement period and support over and above that which is provided either through government assistance or regular private sponsorship alone.\nUnder the JAS program, private sponsors provide resettled refugees with orientation, significant settlement assistance, and emotional support to supplement the financial assistance and immediate and essential services available through the Resettlement Assistance Program (RAP). JAS cases receive support for a period of 12-24 months, or, in exceptional circumstances only, up to 36 months.\nLegal guardian (STCA)\nFor a claimant who has not attained the age of 18 years, legal guardian means a person who has custody of the claimant or who is empowered to act on the claimant’s behalf by virtue of a court order or written agreement.\nLesbian", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Terms and definitions related to refugee protection (part 6 of 15)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/terms-definitions-related-refugee-protection.html" + }, + { + "id": "pdi-refugee-7-0-p7", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Terms and definitions related to refugee protection", + "marginal_note": "Terms and definitions related to refugee protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "An individual who identifies as a woman and whose physical, romantic and/or emotional attraction is primarily to other individuals who identify as women.\nLesbian, gay, bisexual, trans and intersex (LGBTI)\nAn acronym that combines concepts of sexual orientation, gender identity and expression, and intersex. Such individuals include, but are not limited to, lesbians, gay men, and bisexual, trans, intersex and queer individuals.\nNexus\nNexus is the requisite link between the alleged persecution and the Convention grounds (i.e. race, religion, nationality, membership in a particular socia group or political opinion).\nNon-binary\nA spectrum of gender identities that are not exclusively masculine or feminine–identities that are outside the gender binary\nNotification of arrival transmission (NAT)\nA coordination tool that allows for necessary arrangements to be made at a port of entry (POE) reception including travel to the final destination and planning for services upon arrival in the community of destination.\nOne-year window of opportunity (OYW)\nThe one-year window of opportunity (OYW) provision ( R141 ) facilitates the reunification of non-accompanying family members (spouses and children) with refugees who have been resettled in Canada as members of the Convention refugee abroad class or country of asylum class.\nPangender\nA gender identity not limited to one gender. A person with this identity may feel their identity encompasses all possible genders at once.\nPansexual\nIndividuals who may feel physical, romantic and/or emotional attraction to individuals regardless of their gender or sex.\nPermanent resident in Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Terms and definitions related to refugee protection (part 7 of 15)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/terms-definitions-related-refugee-protection.html" + }, + { + "id": "pdi-refugee-7-0-p8", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Terms and definitions related to refugee protection", + "marginal_note": "Terms and definitions related to refugee protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The permanent resident in Canada is the person who has already arrived in Canada and is now submitting an application for their family member abroad to join them in Canada.\nPerson in need of protection\nA person in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally to:\na danger of torture within the meaning of Article 1 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention against torture)\na risk to the person’s life\nor a risk of cruel and unusual treatment or punishment.\nPre-Removal Risk Assessment\nAn assessment of risk of return offered to most persons facing removal from Canada. Refer to sections 112 to 114 of the IRPA and the PRRA section of Connexion.\nPrimary office\nThe primary office is the office that is largely responsible for the processing of an application at that moment. In the context of privately sponsored refugee applications, while the sponsorship application is being processed by the Resettlement Operations Centre in Ottawa (ROC-O), the primary office is the ROC-O. Once a decision on the sponsorship application has been made, and the application is transferred to the Immigration, Refugees and Citizenship Canada (IRCC) office abroad, the primary office is changed to the IRCC office abroad.\nPrincipal applicant\nThe principal applicant is the family member abroad of the permanent resident in Canada who is applying for permanent residence, under the OYW Program.\nPrivate Sponsorship of Refugees (PSR) Program", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Terms and definitions related to refugee protection (part 8 of 15)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/terms-definitions-related-refugee-protection.html" + }, + { + "id": "pdi-refugee-7-0-p9", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Terms and definitions related to refugee protection", + "marginal_note": "Terms and definitions related to refugee protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Through the PSR program, Canadian citizens and permanent residents are able to provide additional opportunities for refugees living abroad to find protection and build a new life in Canada, beyond those that can be supported by the government. Under the PSR program, a private sponsor commits to:\nreceiving the refugees\nproviding them with lodging, care, settlement assistance and emotional support, usually for up to a 12-month period\nProtected temporary residents class (PTR)\nThe PTR class includes:\npersons authorized to enter Canada under IRPA on a temporary resident permit for protection reasons after making an application for a visa under the Convention refugee abroad class or country of asylum class\nthose who entered Canada on a Minister's permit under the former Act for protection reasons\nPersons authorized to enter Canada under this class can acquire permanent residence from within Canada. After making a positive selection decision, and issuing a TRP, visa officers must send the original immigration file to CPC-Vegreville for finalization. A copy is kept at the visa office.\nRefugee Appeal Division (RAD)\nThe Refugee Appeal Division of the IRB determines appeals made by either a refugee claimant or the Minister against a decision of the RPD to allow or reject a claim for refugee protection.\nRefer to the RAD Rules for more information.\nRefugee Convention\nThe 1951 Convention Relating to the Status of Refugees , signed in Geneva on July 28, 1951, and the 1967 Protocol to the Convention, signed in New York on January 1, 1967.\nRefugee Protection Claimant Document (RPCD)\nSee definition of Refugee Protection Identity Document (RPID). The RPCD was replaced by the RPID on March 25, 2025.\nRefugee Protection Division (RPD)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Terms and definitions related to refugee protection (part 9 of 15)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/terms-definitions-related-refugee-protection.html" + }, + { + "id": "pdi-refugee-7-0-p10", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Terms and definitions related to refugee protection", + "marginal_note": "Terms and definitions related to refugee protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The Refugee Protection Division of the IRB hears eligible refugee claims and determines whether there is a need for refugee protection. They also make decisions on Minister’s applications for vacation and cessation of refugee status. Refer to the IRB website for more information.\nRefugee Protection Identity Document (RPID)\nA document printed on the controlled IMM 1442B form, that identifies the person as a client of Canada’s refugee protection system. An RPID is issued to persons whose claims are eligible for referral to the IRB; or ineligible, in the case of a person who may be entitled to apply for PRRA. If applicable, the RPID will indicate that the person is eligible for coverage under the Interim Federal Health Program. The RPID is also used by clients to support applications for certain provincial benefits.\nRefugee status claim (STCA)\nA request from a person to the government of either Canada or the U.S.A. for protection consistent with the 1951 Convention Relating to the Status of Refugees or its Protocol, the Convention against Torture or other protection grounds in accordance with the respective laws of each country.\nRefugee status claimant (STCA)\nAny person who makes a refugee claim in either Canada or the United States.\nRepresentatives", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Terms and definitions related to refugee protection (part 10 of 15)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/terms-definitions-related-refugee-protection.html" + }, + { + "id": "pdi-refugee-7-0-p11", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Terms and definitions related to refugee protection", + "marginal_note": "Terms and definitions related to refugee protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "A representative is someone who is located in the refugee’s community of settlement and is appointed to represent the sponsor in the community, in accordance with the scope and action of representation agreed on by the representative and sponsor. This agreement is documented in the “Appointment of Representative(s) in Expected Community of Settlement” form [IMM 5956]. An example of 2 representatives is a married couple in the community of settlement. A representative is not a party to the sponsorship and is not liable to fulfill the sponsorship obligations. All signatories to the sponsorship undertaking remain jointly and severally responsible for the sponsorship, and the appointment of representatives in no way removes the sponsoring group’s obligations to fulfill all responsibilities, per the sponsorship undertaking and outlined in the settlement plan (see subsection 153(3) of the Immigration, Refugee and Protection Regulations).\nResettlement Assistance Program (RAP)\nRAP is a contribution program with two main components:\nincome support and\na range of immediate essential services.\nSafe Third Country Agreement (STCA)\nAgreement between the Government of Canada and the Government of the United States of America for cooperation in the examination of refugee status claims from nationals of third countries, signed on December 5, 2002, and in force as of December 29, 2004. Refer to the in-Canada claims for refugee protection section of Connexion for information on the STCA.\nSeparated child\nRefers to a child under the age of 18 who is separated from both parents, or from their legal guardian, but not necessarily from other relatives. A separated child may therefore include a child accompanied by adult family members other than their parents.\nSex", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Terms and definitions related to refugee protection (part 11 of 15)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/terms-definitions-related-refugee-protection.html" + }, + { + "id": "pdi-refugee-7-0-p12", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Terms and definitions related to refugee protection", + "marginal_note": "Terms and definitions related to refugee protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "A status assigned at birth based on biological markers of sex, including reproductive and sexual anatomy and chromosomes. Sex is typically designated as male or female. Sex can also refer to intersex .\nSexual orientation\nA person’s physical, romantic and/or emotional attraction to, and/or intimate relations with, individuals of a different gender, the same gender, no gender, or more than one gender. A person’s understanding of their sexual orientation may change.\nStateless(ness)\nThe UNHCR defines a \"stateless person\" as a person who is not considered to be a national of any State under the operation of its law. The status of statelessness is not one that is optional for a person; in other words, one cannot “choose” to be stateless. As per the UNHCR Guidelines, to be stateless is to be without nationality or citizenship. Stateless persons include the de jure stateless, defined as a person “who is not considered as a national by any State under the operation of its law”, and the de facto stateless, which refers to those persons “with an ineffective nationality or those who cannot establish their nationality.”\nStatelessness and refugee status are not identical. Some refugees may be deprived of or renounce their nationality, but for many the formal link with the country of nationality remains. Officers should not consider a refugee applicant stateless only because the officer is unsure about the applicant’s nationality. Genuine statelessness has a specific meaning in international law and, when encountered, should be a factor in the eligibility determination.\nTemporary Suspension of Removals (TSR)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Terms and definitions related to refugee protection (part 12 of 15)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/terms-definitions-related-refugee-protection.html" + }, + { + "id": "pdi-refugee-7-0-p13", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Terms and definitions related to refugee protection", + "marginal_note": "Terms and definitions related to refugee protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Imposed by the Minister of Public Safety, a TSR halts removal to a country or a place where there is a generalized risk to the entire population, such as war, civil unrest or environmental disaster. Individuals who are unsuccessful in their refugee claim or inadmissible for most other reasons, and who under normal circumstances would be subject to removal, are allowed to stay in Canada temporarily.\nTrans\nAn umbrella concept that refers to any individual whose gender identity or gender expression differs from the sex they were assigned at birth. This concept includes, but is not limited to, individuals who have made bodily changes using surgical, medical or other means, or who plan to make bodily changes to align their sex characteristics with their gender identity; individuals whose gender identity does not align with their sex assigned at birth but who have no wish to change their physiology; people who identify as having multiple genders or as not having a gender; individuals whose gender identity changes from time to time; or people with any other gender identity that is not in line with socially accepted norms of expected behaviours based on gender. Gender identity is different from sexual orientation, and a trans individual may be heterosexual, gay, lesbian, bisexual, or asexual.\nTribunal Officer\nOfficer whose responsibilities include reviewing case files, and conducting research and interviews for the Immigration and Refugee Board. The officer attends hearings and presents evidence and submissions to the panel when refugee claims are heard. See Rule 16 of the Refugee Protection Division Rules.\nUnaccompanied Minor\nA child under the age of 18 who does not have their parents or legal guardian present at the time they make a refugee claim in Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Terms and definitions related to refugee protection (part 13 of 15)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/terms-definitions-related-refugee-protection.html" + }, + { + "id": "pdi-refugee-7-0-p14", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Terms and definitions related to refugee protection", + "marginal_note": "Terms and definitions related to refugee protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Unaccompanied minor (STCA)\nA claimant who has not yet reached the age of 18 and is not accompanied by their mother, father or legal guardian and has neither a spouse nor common-law partner and does not have a mother, father or a legal guardian in Canada or the U.S.A.\nUndertaking\nAn undertaking is an obligation by the private sponsor to provide financial and settlement assistance, lodging and other basic necessities in Canada for a refugee who meets the requirements of R139, and for the refugee’s accompanying family members, for the period determined in accordance with R154(2) and R154(3). The duration is usually a 12-month period, but can be extended to up to three years, depending on the needs of the refugee\nUnited Nations High Commissioner for Refugees (UNHCR)\nA humanitarian and non-political organization mandated to lead and coordinate international action for the world-wide protection of refugees and the resolution of refugee problems. UNHCR’s primary purpose is to safeguard the rights and well-being of refugees and stateless persons. The UNHCR also monitors Canada’s, to ensure compliance with the 1951Convention and provides guidance on its implementation.\nVienna Convention on Consular Relations (VCCR)\nMultilateral treaty to codify consular practices that developed through customary international law, numerous bilateral treaties, and a number of regional treaties. Article 36 of the VCCR requires that foreign nationals who are arrested or detained be given notice \"without delay\" of their right to have their embassy or consulate notified of that arrest.\nVulnerable", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Terms and definitions related to refugee protection (part 14 of 15)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/terms-definitions-related-refugee-protection.html" + }, + { + "id": "pdi-refugee-7-0-p15", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Terms and definitions related to refugee protection", + "marginal_note": "Terms and definitions related to refugee protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Vulnerable means, in respect of a Convention refugee or a person in similar circumstances, that the person has a greater need of protection than other applicants for protection abroad because of the person’s particular circumstances that give rise to a heightened risk to their physical safety or well-being (R138).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Terms and definitions related to refugee protection (part 15 of 15)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/terms-definitions-related-refugee-protection.html" + }, + { + "id": "pdi-refugee-8-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Government Assisted Refugee (GAR program)", + "marginal_note": "Government Assisted Refugee (GAR program)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "(REF-OVS-2)\nThis section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nA person outside Canada who is confirmed to be a Convention Refugee may be entitled to receive support after resettlement in Canada. The government-assisted refugee is selected from referrals received by an authorized organization. The sequence of processing stages is outlined below.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Government Assisted Refugee (GAR program)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/government-assisted.html" + }, + { + "id": "pdi-refugee-8-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Government Assisted Refugee (GAR program) — 2. Eligibility assessments", + "marginal_note": "2. Eligibility assessments", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Eligibility assessment\nAssessment of potential for resettlement in Quebec\nAssessment of potential for blended-visa office referral (BVOR)\nAssessment of potential for joint assistance sponsorship (JAS)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: 2. Eligibility assessments", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/government-assisted.html" + }, + { + "id": "pdi-refugee-8-4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Government Assisted Refugee (GAR program) — 4. Final decisions for resettlement", + "marginal_note": "4. Final decisions for resettlement", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Final decision - resettlement to Canada\nFinal decision - program selection (GAR, Quebec GAR, BVOR or JAS program)\nFinal decision - destination in Canada (GAR program only)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: 4. Final decisions for resettlement", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/government-assisted.html" + }, + { + "id": "pdi-refugee-8-5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Government Assisted Refugee (GAR program) — 5. Arrangements for resettlement and support in Canada", + "marginal_note": "5. Arrangements for resettlement and support in Canada", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Preparations before departure\nProvisions after arrival in Canada\nCases for priority or special processing\nConsiderations for assessing and processing special or priority case groups. Includes cases referred for urgent protection, vulnerable cases, public policies, applicants who are persecuted on the basis of their sexual orientation or gender identity expression (SOGIE-LGBTQI) and other groups requiring special attention.\nResettlement: Program delivery partners – roles and responsibilities\nKey partners within and outside of IRCC and their respective responsibilities regarding resettlement.\nTemporary public policy to facilitate the sponsorship of specific refugees previously sponsored by a sponsorship agreement holder\nFollowing the cancellation of a Sponsorship Agreement Holder’s (SAH) sponsorship agreement, refugee applicants sponsored by that SAH who have received a positive sponsorship decision, will have 90 days to find a new sponsor", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: 5. Arrangements for resettlement and support in Canada", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/government-assisted.html" + }, + { + "id": "pdi-refugee-9-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Private Sponsorship of Refugees (PSR) Program", + "marginal_note": "Private Sponsorship of Refugees (PSR) Program", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "(REF-OVS-3)\nThis section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nUnder the Private Sponsorship of Refugees Program, private sponsors in Canada identify Convention refugees or members of the Country of Asylum Class for resettlement to Canada. A sponsor must demonstrate the capacity to provide support. The processing stages are outlined below.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Private Sponsorship of Refugees (PSR) Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/private-sponsorship.html" + }, + { + "id": "pdi-refugee-9-8", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Private Sponsorship of Refugees (PSR) Program — 8. PSR Program Assurance", + "marginal_note": "8. PSR Program Assurance", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Program Integrity Framework\nPost-arrival monitoring\nCases for priority or special processing\nConsiderations for assessing and processing special or priority case groups. Includes cases referred for urgent protection, vulnerable cases, public policies, applicants who are persecuted on the basis of their sexual orientation or gender identity expression (SOGIE-LGBTQI) and other groups requiring special attention.\nResettlement: Program delivery partners – roles and responsibilities\nKey partners within and outside of IRCC and their respective responsibilities regarding resettlement.\nTemporary public policy to facilitate the sponsorship of specific refugees previously sponsored by a sponsorship agreement holder\nFollowing the cancellation of a Sponsorship Agreement Holder’s (SAH) sponsorship agreement, refugee applicants sponsored by that SAH who have received a positive sponsorship decision, will have 90 days to find a new sponsor", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: 8. PSR Program Assurance", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/private-sponsorship.html" + }, + { + "id": "pdi-refugee-10-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Quebec resettlement – Government Assisted Refugee (Quebec GAR)", + "marginal_note": "Quebec resettlement – Government Assisted Refugee (Quebec GAR)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "(REF-OVS-2-2)\nThis section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nA person outside Canada confirmed to be a Convention Refugee may be entitled to receive support after resettlement in Canada. A government-assisted refugee must be approved by Quebec before resettled to its province. The total number of refugees resettled to Quebec cannot surpass the defined annual targets for Quebec .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Quebec resettlement – Government Assisted Refugee (Quebec GAR)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/government-assisted/quebec.html" + }, + { + "id": "pdi-refugee-10-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Quebec resettlement – Government Assisted Refugee (Quebec GA — 1. Assessment of potential for Quebec resettlement", + "marginal_note": "1. Assessment of potential for Quebec resettlement", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Procedures by program – Quebec\nThese instructions provide information about:\nAssessing potential for resettlement in Quebec\nAfter eligibility for the GAR program has been confirmed, an assessment is done to evaluate if applicant(s) may be a potential candidate for resettlement to Quebec.\nCollecting details to support resettlement in Quebec\nDetails are collected from this assessment to support proposed resettlement in Quebec.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: 1. Assessment of potential for Quebec resettlement", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/government-assisted/quebec.html" + }, + { + "id": "pdi-refugee-10-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Quebec resettlement – Government Assisted Refugee (Quebec GA — 2. Final selection for Quebec resettlement", + "marginal_note": "2. Final selection for Quebec resettlement", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Confirming selection of refugee by Quebec\nAfter admissibility to Canada is confirmed, the applicant(s) is submitted to the Quebec government for consideration and to request confirmation of Quebec selection (CSQ). The applicant may or may not be selected by Quebec.\nMaking the final decision on selected program for resettlement (GAR or Quebec GAR)\nWhen the decision is received from Quebec, a final decision can be made to confirm if the applicant(s) can be resettled to Quebec.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: 2. Final selection for Quebec resettlement", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/government-assisted/quebec.html" + }, + { + "id": "pdi-refugee-10-3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Quebec resettlement – Government Assisted Refugee (Quebec GA — 3. Arrangements for resettlement and support in Quebec", + "marginal_note": "3. Arrangements for resettlement and support in Quebec", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Preparing refugee for departure to Canada\nIf selected for Quebec, and after the final decision is made and visa is approved, arrangements are made for departure to Canada.\nProvisions for support after arrival in Quebec\nAfter the client is admitted into Canada, the needed support to help with resettlement can be obtained.\nCases for priority or special processing\nConsiderations for assessing and processing special or priority case groups. Includes cases referred for urgent protection, vulnerable cases, public policies, applicants who are persecuted on the basis of their sexual orientation or gender identity expression (SOGIE-LGBTQI) and other groups requiring special attention.\nResettlement: Program delivery partners – roles and responsibilities\nKey partners within and outside of IRCC and their respective responsibilities regarding resettlement.\nTemporary public policy to facilitate the sponsorship of specific refugees previously sponsored by a sponsorship agreement holder\nFollowing the cancellation of a Sponsorship Agreement Holder’s (SAH) sponsorship agreement, refugee applicants sponsored by that SAH who have received a positive sponsorship decision, will have 90 days to find a new sponsor", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: 3. Arrangements for resettlement and support in Quebec", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/government-assisted/quebec.html" + }, + { + "id": "pdi-refugee-11-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Quebec resettlement – Government Assisted Refugee (Quebec GAR)", + "marginal_note": "Quebec resettlement – Government Assisted Refugee (Quebec GAR)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "(REF-OVS-2-2)\nThis section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nA person outside Canada confirmed to be a Convention Refugee may be entitled to receive support after resettlement in Canada. A government-assisted refugee must be approved by Quebec before resettled to its province. The total number of refugees resettled to Quebec cannot surpass the defined annual targets for Quebec .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Quebec resettlement – Government Assisted Refugee (Quebec GAR)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/private-sponsorship/quebec.html" + }, + { + "id": "pdi-refugee-11-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Quebec resettlement – Government Assisted Refugee (Quebec GA — 1. Assessment of potential for Quebec resettlement", + "marginal_note": "1. Assessment of potential for Quebec resettlement", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Procedures by program – Quebec\nThese instructions provide information about:\nAssessing potential for resettlement in Quebec\nAfter eligibility for the GAR program has been confirmed, an assessment is done to evaluate if applicant(s) may be a potential candidate for resettlement to Quebec.\nCollecting details to support resettlement in Quebec\nDetails are collected from this assessment to support proposed resettlement in Quebec.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: 1. Assessment of potential for Quebec resettlement", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/private-sponsorship/quebec.html" + }, + { + "id": "pdi-refugee-11-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Quebec resettlement – Government Assisted Refugee (Quebec GA — 2. Final selection for Quebec resettlement", + "marginal_note": "2. Final selection for Quebec resettlement", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Confirming selection of refugee by Quebec\nAfter admissibility to Canada is confirmed, the applicant(s) is submitted to the Quebec government for consideration and to request confirmation of Quebec selection (CSQ). The applicant may or may not be selected by Quebec.\nMaking the final decision on selected program for resettlement (GAR or Quebec GAR)\nWhen the decision is received from Quebec, a final decision can be made to confirm if the applicant(s) can be resettled to Quebec.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: 2. Final selection for Quebec resettlement", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/private-sponsorship/quebec.html" + }, + { + "id": "pdi-refugee-11-3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Quebec resettlement – Government Assisted Refugee (Quebec GA — 3. Arrangements for resettlement and support in Quebec", + "marginal_note": "3. Arrangements for resettlement and support in Quebec", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Preparing refugee for departure to Canada\nIf selected for Quebec, and after the final decision is made and visa is approved, arrangements are made for departure to Canada.\nProvisions for support after arrival in Quebec\nAfter the client is admitted into Canada, the needed support to help with resettlement can be obtained.\nCases for priority or special processing\nConsiderations for assessing and processing special or priority case groups. Includes cases referred for urgent protection, vulnerable cases, public policies, applicants who are persecuted on the basis of their sexual orientation or gender identity expression (SOGIE-LGBTQI) and other groups requiring special attention.\nResettlement: Program delivery partners – roles and responsibilities\nKey partners within and outside of IRCC and their respective responsibilities regarding resettlement.\nTemporary public policy to facilitate the sponsorship of specific refugees previously sponsored by a sponsorship agreement holder\nFollowing the cancellation of a Sponsorship Agreement Holder’s (SAH) sponsorship agreement, refugee applicants sponsored by that SAH who have received a positive sponsorship decision, will have 90 days to find a new sponsor", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: 3. Arrangements for resettlement and support in Quebec", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/private-sponsorship/quebec.html" + }, + { + "id": "pdi-refugee-12-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Blended Visa Office-Referred Program", + "marginal_note": "Blended Visa Office-Referred Program", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "(REF-OVS-2-3)\nThis section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThis page contains guidance on the Blended Visa Office-Referred (BVOR) Program. The BVOR program facilitates the matching of refugees who have been identified by designated referral organizations and deemed eligible and admissible for resettlement to Canada.\nCases are selected by the Resettlement Operations Centre in Ottawa (ROC-O) and converted to the BVOR program. These cases are then sent to the Refugee Sponsorship Training Program (RSTP) to be matched with a refugee sponsorship group. If matched, the refugee receives financial support from both the Government of Canada and the sponsorship group, as well as settlement support from the sponsorship group for the duration of the sponsorship period, typically 1 year after the individual or family has arrived in Canada.\nKey message: All BVOR cases start off as Government-Assisted Refugee (GAR) cases. ROC-O is responsible for identifying and referring selected cases for potential sponsorship matching under the BVOR program.  ", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Blended Visa Office-Referred Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/government-assisted/blended-visa.html" + }, + { + "id": "pdi-refugee-12-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Blended Visa Office-Referred Program — On this page", + "marginal_note": "On this page", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Counselling refugee applicants\nSelecting applicants for the BVOR program\nMatching with a sponsor\nMaking a final decision (sponsorship)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/government-assisted/blended-visa.html" + }, + { + "id": "pdi-refugee-12-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Blended Visa Office-Referred Program — Counselling refugee applicants", + "marginal_note": "Counselling refugee applicants", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "BVOR clients have already been found eligible and admissible under the GAR program.\nFor more information, consult the GAR Program .\nWhere an interview with the GAR applicant takes place, migration officers are asked to briefly counsel the refugee applicant about possible inclusion in the BVOR program.\nFollowing a positive eligibility decision, the migration officer must ensure that the following information is correctly and clearly documented in the Global Case Management System (GCMS):\nfamily size/composition\neducation\noccupation/work experience\ncontact(s) in Canada\nlanguage(s)\nassociated cases\nnon-accompanying family members (possible one-year window (OYW) provision)\nThis information will be important during the BVOR matching process.\nIf a refugee applicant refuses to participate in the BVOR program, the migration officer must clearly document this information in GCMS.\nWhere an interview is waived due to expedited processing, it is unlikely that the case would be suitable for the BVOR program. However, where an interview is waived for a non-urgent case, officers are encouraged to include BVOR program information, where possible, in correspondence shared with the refugee applicant.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Counselling refugee applicants", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/government-assisted/blended-visa.html" + }, + { + "id": "pdi-refugee-12-3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Blended Visa Office-Referred Program — Selecting applicants for the BVOR Program", + "marginal_note": "Selecting applicants for the BVOR Program", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "ROC-O officers are responsible for assessing suitability and converting GAR cases to the BVOR program during the destination matching request (DMR) stage.\nWhile the list of criteria used to select cases for the BVOR program is determined based on operational factors and sponsor capacity/interest, generally, any GAR case may be selected at the DMR stage, unless\nthe client’s medical exam validity period is near expiration (that is, 3 months)\nthe client is pregnant, nearing date of delivery and air travel is not permissible\nthe client is highly vulnerable and requires urgent protection\nspecialized settlement support is required\nthe client is applying under the OYW provision\nthe client is destined to Quebec\nthe client has high medical need(s) and is travelling with a medical escort\nROC-O converts selected cases, together with any cross-referenced cases, to the BVOR program to ensure that families remain together after their arrival in Canada.\nROC-O tracks selected cases in GCMS with the “VOR” special program code and a VOR activity. As well, ROC-O officers change “Financial Support” to “Blended Support” and create a note in GCMS to indicate the BVOR number and the date the case will be shared with the RSTP.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Selecting applicants for the BVOR Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/government-assisted/blended-visa.html" + }, + { + "id": "pdi-refugee-12-4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Blended Visa Office-Referred Program — Matching with a sponsor", + "marginal_note": "Matching with a sponsor", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The RSTP is funded by IRCC to manage the promotion and matching of BVOR cases with interested refugee sponsorship groups in Canada. ROC-O periodically shares information on selected BVOR cases with the RSTP.\nThe RSTP posts profiles on a restricted website for a set period of time (usually 2 weeks), where they can be reviewed by potential sponsors. All BVOR profiles shared on this website are unnamed, and every effort is made to ensure that no information is shared that may lead to the identification of the refugees.  \nOnce a sponsorship group has confirmed interest in a particular BVOR case, ROC-O provides the sponsors with the name of the refugee applicant and requests that the sponsorship undertaking form, along with other required forms/documentation, be submitted within 2 weeks. \nWhere the undertaking is not received or the case is not matched with a sponsorship group, case processing resumes under the GAR program.  ", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Matching with a sponsor", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/government-assisted/blended-visa.html" + }, + { + "id": "pdi-refugee-12-5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Blended Visa Office-Referred Program — Making a final decision (sponsorship)", + "marginal_note": "Making a final decision (sponsorship)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "A ROC-O officer assesses and renders a final decision on the sponsorship undertaking.\nIf the sponsorship application is approved, the ROC-O officer will\ninform the sponsor by email (approval letter)\ninform the refugee applicant by email (Sponsor Introduction Letter)\nnotify the migration office abroad\nupdate the final destination in the DMR activity to “Sent to Visa Office”\ncreate a note in GCMS confirming the sponsorship approval\nIf the sponsorship application is not approved, the ROC-O officer will\nsend a refusal letter to the sponsor\nupdate the VOR activity and mark it as “Cancelled”\nchange the “Financial Support” field to “Government Assisted”\nremove the “VOR” special program code\ncreate a note in GCMS indicating the BVOR cancellation and conversion back to GAR\nnotify the corresponding IRCC office abroad of the sponsorship refusal by email\nCases for priority or special processing\nConsiderations for assessing and processing special or priority case groups. Includes cases referred for urgent protection, vulnerable cases, public policies, applicants who are persecuted on the basis of their sexual orientation or gender identity expression (SOGIE-LGBTQI) and other groups requiring special attention.\nResettlement: Program delivery partners – roles and responsibilities\nKey partners within and outside of IRCC and their respective responsibilities regarding resettlement.\nTemporary public policy to facilitate the sponsorship of specific refugees previously sponsored by a sponsorship agreement holder\nFollowing the cancellation of a Sponsorship Agreement Holder’s (SAH) sponsorship agreement, refugee applicants sponsored by that SAH who have received a positive sponsorship decision, will have 90 days to find a new sponsor", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Making a final decision (sponsorship)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/government-assisted/blended-visa.html" + }, + { + "id": "pdi-refugee-13-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Joint Assistance Sponsorship (JAS) Program", + "marginal_note": "Joint Assistance Sponsorship (JAS) Program", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "(REF-OVS-2-4)\nThis section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe Government of Canada may partner with private sponsors to support a government-assisted refugee with exceptional needs for an extended period once resettled in Canada. The exceptional needs may be identified and assessed before or after the refugee arrives in Canada.\nExceptional needs identified before departure for Canada\nGuidance on assessing, selecting and arranging for resettlement and support if a refugee is found to have exceptional needs requiring further support while still residing abroad\nExceptional needs identified after arrival in Canada\nGuidance on assessing, selecting and arranging for support if a refugee is found to have exceptional needs requiring further support after being admitted to Canada\nRequests to convert blended visa office-referred (BVOR) cases to joint assistance sponsorship (JAS) cases\nGuidance on cases with exceptional circumstances, when a refugee who has a sponsorship under the Blended Visa Office-Referred (BVOR) Program is found to have exceptional needs that warrant extended support\nMonitoring joint assistance sponsorships\nGuidance on monitoring to ensure that the sponsor is meeting the refugee’s needs and to inform on any adjustments needed\nResettlement: Cases for priority or special processing\nConsiderations for assessing and processing special or priority case groups, which include cases referred for urgent protection, vulnerable cases, public policy cases, applicants who are persecuted on the basis of their sexual orientation or gender identity expression (SOGIE-LGBTI) and other groups requiring special attention\nResettlement: Program delivery partners – roles and responsibilities\nKey partners within and outside IRCC and their respective responsibilities regarding resettlement", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Joint Assistance Sponsorship (JAS) Program", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/government-assisted/joint-assistance.html" + }, + { + "id": "pdi-refugee-14-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Resettlement: Cases for priority or special processing", + "marginal_note": "Resettlement: Cases for priority or special processing", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "(REF-OVS-13)\nThis section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nSome applicants may require special attention and priority given the nature of their circumstances. The related caseload and targets must be managed accordingly.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Resettlement: Cases for priority or special processing", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/priority-special.html" + }, + { + "id": "pdi-refugee-14-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Resettlement: Cases for priority or special processing — Referrals for urgent protection", + "marginal_note": "Referrals for urgent protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The United Nations High Commissioner for Refugees (UNHCR) may refer cases for urgent protection. The urgency level is decided when received by IRCC. Special procedures are followed for all cases.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Referrals for urgent protection", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/priority-special.html" + }, + { + "id": "pdi-refugee-14-3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Resettlement: Cases for priority or special processing — Applicants persecuted for their diverse sexual orientation o", + "marginal_note": "Applicants persecuted for their diverse sexual orientation or gender identity or expression (SOGIE)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Circumstances for confirming whether applicants are being persecuted for having a diverse SOGIE , and considerations for processing to ensure a safe and respectful resettlement process.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Applicants persecuted for their diverse sexual orientation or gender identity or expression (SOGIE)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/priority-special.html" + }, + { + "id": "pdi-refugee-14-4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Resettlement: Cases for priority or special processing — Requests for priority processing", + "marginal_note": "Requests for priority processing", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Applicants, sponsors or others may ask that a case be prioritized: many factors need consideration before making this decision.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Requests for priority processing", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/priority-special.html" + }, + { + "id": "pdi-refugee-14-5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Resettlement: Cases for priority or special processing — Public policies", + "marginal_note": "Public policies", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The Minister may prioritize the resettlement of populations using a public policy. Instructions for each public policy are discussed with applicable missions . The same general parameters and considerations apply to most public policies.\nConsult General background on public policies .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Public policies", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/priority-special.html" + }, + { + "id": "pdi-refugee-14-6", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Resettlement: Cases for priority or special processing — Global human rights defenders stream", + "marginal_note": "Global human rights defenders stream", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "These instructions provide guidance on assessing and tracking applications under the resettlement stream for human rights defenders (HRDs) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Global human rights defenders stream", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/priority-special.html" + }, + { + "id": "pdi-refugee-14-7", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Resettlement: Cases for priority or special processing — For processing stages of all resettlement programs, refer to", + "marginal_note": "For processing stages of all resettlement programs, refer to:", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Government Assisted Refugee Program (GAR) Private Sponsorship of Refugee (PSR) Government Assisted Refugee – Quebec (Quebec GAR) Privately Sponsored Refugee – Quebec (Quebec PSR) Blended Visa Office-Referred (BVOR Program) Joint Assistance Sponsorship (JAS Program) Urgent Protection Program (UPP)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: For processing stages of all resettlement programs, refer to:", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/priority-special.html" + }, + { + "id": "pdi-refugee-15-0-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Resettlement: Dependent family members and separated-unaccompanied children", + "marginal_note": "Resettlement: Dependent family members and separated-unaccompanied children", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "(REF-OVS-7)\nThis section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nLegal versus de facto dependent\nDefines legal versus de facto dependent and processing considerations.\nWhen dependent resides in different location from principal applicant\nHow to examine dependents who are residing in a different location from the principal applicant, regardless of whether they intend to immigrate with the principal applicant.\nAdd a new dependent (immigrating with principal applicant)\nHow to process a request to add a new dependent to application before principal applicant departs to Canada.\nOne-year window of opportunity (immigrating after principal applicant is in Canada)\nHow to process a request for immigrating a dependent abroad after principal applicant has been resettled to Canada.\nDNA testing to confirm biological relationship\nIRCC procedures for DNA testing to evaluate relationship of dependent and principal applicant, along with specific procedures for resettlement applicants.\nConsiderations for separated and unaccompanied children\nHow to assess and process applications for separated or unaccompanied children, including those with consanguineous or de facto family members and/or those without any known family. Describes different situations and considerations including best interests of child, guardianship protocols during travel and in Canada, and specific requirements of provinces.  See instructions:\nProcedures for processing applications of separated minors\nProcedures for processing de facto dependents\nProcessing de facto dependents and consanguineous minors and the guardianship protocol\nCases for priority or special processing", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Resettlement: Dependent family members and separated-unaccompanied children (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/dependant.html" + }, + { + "id": "pdi-refugee-15-0-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Resettlement: Dependent family members and separated-unaccompanied children", + "marginal_note": "Resettlement: Dependent family members and separated-unaccompanied children", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Considerations for assessing and processing special or priority case groups. Includes cases referred for urgent protection, vulnerable cases, public policies, applicants who are persecuted on the basis of their sexual orientation or gender identity expression (SOGIE-LGBTQI) and other groups requiring special attention.\nResettlement: Program delivery partners – roles and responsibilities\nKey partners within and outside of IRCC and their respective responsibilities regarding resettlement.\nTemporary public policy to facilitate the sponsorship of specific refugees previously sponsored by a sponsorship agreement holder\nFollowing the cancellation of a Sponsorship Agreement Holder’s (SAH) sponsorship agreement, refugee applicants sponsored by that SAH who have received a positive sponsorship decision, will have 90 days to find a new sponsor", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Resettlement: Dependent family members and separated-unaccompanied children (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/dependant.html" + }, + { + "id": "pdi-refugee-15-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Resettlement: Dependent family members and separated-unaccom — For processing stages of all resettlement programs, refer to", + "marginal_note": "For processing stages of all resettlement programs, refer to:", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Government Assisted Refugee Program (GAR)\nPrivate Sponsorship of Refugee (PSR)\nGovernment Assisted Refugee – Quebec (Quebec GAR)\nPrivately Sponsored Refugee – Quebec (Quebec PSR)\nBlended Visa Officer Referral (BVOR Program)\nJoint Assistance Sponsorship (JAS Program)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: For processing stages of all resettlement programs, refer to:", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/dependant.html" + }, + { + "id": "pdi-refugee-16-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Resettlement: Program delivery partners – roles and responsibilities", + "marginal_note": "Resettlement: Program delivery partners – roles and responsibilities", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "(REF-OVS-11)\nThis section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Resettlement: Program delivery partners – roles and responsibilities", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/partners.html" + }, + { + "id": "pdi-refugee-16-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Resettlement: Program delivery partners – roles and responsi — Branches and offices within IRCC", + "marginal_note": "Branches and offices within IRCC", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Resettlement and Asylum Strategic Operations Branch (RASO)\nResettlement Services Assurance Team (RSAT)\nInternational Network\nMigration offices\nResettlement Operations Division\nResettlement Operations Centre, Ottawa (ROC-O)\nOperations Planning and Performance Branch (OPPB)\nDomestic Network: Local offices within Canada\nSettlement Network (SN)\nResettlement Operations Directorate (SN-ROD)\nResettlement Assistance Program (RAP) offices", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Branches and offices within IRCC", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/partners.html" + }, + { + "id": "pdi-refugee-16-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Resettlement: Program delivery partners – roles and responsi — Partners outside of IRCC", + "marginal_note": "Partners outside of IRCC", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Canada Border Services Agency (CBSA)\nSponsorship Agreement Holder Council\nGlobal Affairs Canada (GAC)\nHIAS\nInternational Organization for Migration (IOM)\nMinistère de l’Immigration, de la Francisation et de l’Intégration (MIFI)\nRefugePoint\nRefugee Sponsorship Training Program (RSTP)\nResettlement Assistance Program service provider organizations (RAP SPOs)\nSettlement service provider organizations (SPOs)\nSponsorship Agreement Holders\nUnited Nations High Commission of Refugees (UNHCR)\nCases for priority or special processing\nConsiderations for assessing and processing special or priority case groups, which i nclude cases referred for urgent protection, vulnerable cases, public policies, applicants who are persecuted on a particular basis (for example, women at risk, sexual orientation or gender identity expression) and other groups requiring special attention.\nResettlement: Program delivery partners – Roles and responsibilities\nKey partners within and outside IRCC and their respective responsibilities regarding resettlement.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Partners outside of IRCC", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/partners.html" + }, + { + "id": "pdi-refugee-16-3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Resettlement: Program delivery partners – roles and responsi — For processing stages of all resettlement programs, refer to", + "marginal_note": "For processing stages of all resettlement programs, refer to:", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Government Assisted Refugee Program\nPrivate Sponsorship of Refugees\nGovernment Assisted Refugees – Quebec\nPrivately Sponsored Refugees – Quebec\nBlended Visa Office – Referred (BVOR) Refugee Program\nJoint Assistance Sponsorship (JAS) Program", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: For processing stages of all resettlement programs, refer to:", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/partners.html" + }, + { + "id": "pdi-refugee-17-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Resettlement: Legal references", + "marginal_note": "Resettlement: Legal references", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "(REF-OVS-14-1)\nThis section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe following refers to legal instruments and information sources that are used to direct the delivery of the resettlement program in Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Resettlement: Legal references", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/legal-references.html" + }, + { + "id": "pdi-refugee-17-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Resettlement: Legal references — On this page", + "marginal_note": "On this page", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Immigration, Refugee and Protection Act (IRPA) and Immigration, Refugee and Protection Regulations (IRPR)\nMinisterial delegations and officer designations\nQuebec immigration: Agreements and laws\nInternational conventions and agreements", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/legal-references.html" + }, + { + "id": "pdi-refugee-17-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Resettlement: Legal references — Immigration, Refugee and Protection Act (IRPA) and Immigrati", + "marginal_note": "Immigration, Refugee and Protection Act (IRPA) and Immigration, Refugee and Protection Regulations (IRPR)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The following tables refer to the legal references that provide the authority for carrying out processing steps for the resettlement program.\nIdentifying applicants for resettlement\nTopic\nReference(s)\nPrivate sponsorship\nR140.2\nReferral organization, government arrangement or agreement\nR140.3\nReferral resulting from agreement with Government of Canada or arrangement with Minister\nR140.3 (b) or (c)\nEligibility assessments (refugees for resettlement)\nTopic\nReference(s)\nLocated outside Canada\nR139 (1) (a)\nSubmitted application to seek permanent residence in Canada\nR139 (1) (b) and (c)\nNo other durable solution\nR139 (1) (d)\nUrgent need for protection\nR138\nMeets refugee class\nR139 (1) (e)\nPerson in need of protection\nA97\nConvention Refugee Class\nA96 (a)\nConvention Refugee Class – outside each country of nationality or habitual residence\nA96 (b)\nConvention Refugee – exclusion from refugee protection\nA98\nCountry of Asylum Class\nR146 (1)\nCountry of Asylum Class – outside all countries of nationality or habitual residence\nR147 (a)\nSufficient financial support: Approved sponsor, covered by Resettlement Assistance Program (RAP) or self-supporting\nR139 (1) (f)\nAble to establish in Canada (unless resettling to Quebec)\nR139 (1) (g) and\nR139 (2)\nExempt from ability to establish if vulnerable or in urgent need of protection\nR139 (g)\nQuebec: Confirmation of selection for resettlement in Quebec\nR139 (1) (h) and\nA20 (2)\nObligation to be truthful and credible during eligibility assessment\nA16\nAuthority for officer to collect biometrics\nA16 (2)\nObligation to appear for examination\nA18(1)\nRedetermination of eligibility\nA104 (1)\nAdmissibility assessments (refugees for resettlement)\nTopic\nReference(s)\nDanger to public health or danger to public safety\nA38 (1) (a) or (b)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Immigration, Refugee and Protection Act (IRPA) and Immigration, Refugee and Protection Regulations (IRPR) (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/legal-references.html" + }, + { + "id": "pdi-refugee-17-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Resettlement: Legal references — Immigration, Refugee and Protection Act (IRPA) and Immigrati", + "marginal_note": "Immigration, Refugee and Protection Act (IRPA) and Immigration, Refugee and Protection Regulations (IRPR)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Exemption from excessive demand – resettlement applicants\nA38 (2) (b)\nEspionage or terrorism\nA34\nHuman or international rights violations\nA35\nOrganized crime\nA37\nSerious criminality\nA36 (1)\nExempt from misrepresentation – resettlement applicants\nA40 (1) and R22\nNon-compliance with the Act\nA41\nPrivate sponsor assessments\nTopic\nReference(s)\nSponsor eligibility requirements\nA13(1) and R156 (1)\nSponsor, or representative, resides in community of settlement\nR153 (1) (a)\nSponsor application includes settlement plan, undertaking and refugee status determination (RSD)\nR153 (1) (b)\nSponsor has financial capacity and made adequate arrangements\nR154 (1) (a) and (b)\nSponsor not in default\nR153 (1) (c)\nQuebec: Sponsor requirements\nR158\nFamily member assessments\nTopic\nReference(s)\nFamily member definition\nR1 (3)\nFamily members are member of same refugee class\nR140\nOne-year window of opportunity\nR141 (1)\nOne-year window application meets selection criteria of province\nR141 (1) (e)\nLock-in age for dependent child\nR25.1 (1)\nLock-in age for dependent child selected for Quebec\nR25.1(6)\nUnaccompanied minor\nR228 (4)\nFinal resettlement decision and protection status\nTopic\nReference(s)\nHumanitarian and compassionate consideration\nA25.1 (1)\nPrinciple of non-refoulement\nA115 (1)\nProtected person status granted for applicant with temporary resident permit under urgent protection program\nR151.1 (2) (a)\nConferral of refugee protection (after arrival)\nA95\nProtected person (after arrival)\nA95 (2)\nQuebec: Issuing permanent residence visa\nR71\nReceiving permanent residence in Canada (after arrival)\nR72 (1)\nQuebec: Receiving permanent residence in Canada (after arrival)\nR72 (3)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Immigration, Refugee and Protection Act (IRPA) and Immigration, Refugee and Protection Regulations (IRPR) (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/legal-references.html" + }, + { + "id": "pdi-refugee-17-3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Resettlement: Legal references — Ministerial delegations and officer designations", + "marginal_note": "Ministerial delegations and officer designations", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "IRCC and the Canada Border Services Agency (CBSA) have separate instruments that specify the delegations and designations for carrying out the Immigration and Refugee Protection Act and the Regulations.\nDelegated persons are authorized to do anything that may be done by the Minister under the Act or Regulations. Delegations are associated to sections where the word “Minister” is found.\nDesignated persons are officers in specified positions and areas who are authorized to carry out specific provisions of the Act and Regulations. Designations are associated with sections where the word “officer” is found. IRCC and CBSA may grant designations to their own officers and those in other departments. Only the lowest authorized position is specified, as persons with direct or indirect supervisory responsibilities over the position have the same authority. \nFor more information, consult Designation of Officers and Delegation of Authority (IL3)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Ministerial delegations and officer designations", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/legal-references.html" + }, + { + "id": "pdi-refugee-17-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Resettlement: Legal references — International conventions and agreements", + "marginal_note": "International conventions and agreements", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Refugee\nConvention Relating to the Status of Refugees (1951)\nProtocol Relating to the Status of Refugees (1967)\nCartagena Declaration on Refugees (1984)\nStatute of the Office of the United Nations High Commissioner for Refugees (1950)\nConvention on the Reduction of Statelessness\nUN Declaration on Territorial Asylum (1967)\nWomen\nConvention on the Elimination of All Forms of Discrimination against Women\nConvention on the Political Rights of Women\nConvention on the Nationality of Married Women\nChildren\nConvention on the Rights of the Child\nOptional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict\nOptional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography\nC182 - Worst Forms of Child Labour Convention, 1999\nTorture, slavery and forced labour\nConvention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment\nSlavery Convention\nProtocol amending the Slavery Convention signed at Geneva on 25 September 1926\nSupplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery\nC029 - Forced Labour Convention\nC105 - Abolition of Forced Labour Convention\nConvention on the Prevention and Punishment of the Crime of Genocide (PDF, 15 KB)\nRome Statute of the International Criminal Court\nEconomic, civil and political rights\nInternational Covenant on Economic, Social and Cultural Rights\nInternational Covenant on Civil and Political Rights\nOptional Protocol Relating to the International Covenant on Civil and Political Rights\nHumanitarian law\nCanadian Human Rights Act\nGeneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: International conventions and agreements (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/legal-references.html" + }, + { + "id": "pdi-refugee-17-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Resettlement: Legal references — International conventions and agreements", + "marginal_note": "International conventions and agreements", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea\nGeneva Convention relative to the Treatment of Prisoners of War\nGeneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949\nProtocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of the Victims of International Armed Conflicts (Protocol I)\nProtocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of the Victims of Non-International Armed Conflicts (Protocol II)\nConvention on Certain Conventional Weapons\nInternational Convention on the Elimination of All Forms of Racial Discrimination\nOrganized crime\nUnited Nations Convention against Transnational Organized Crime (came into force on September 29, 2003) and its two protocols :\nProtocol to the United Nations Convention against Transnational Organized Crime to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (came into force on December 25, 2003)\nProtocol against the Smuggling of Migrants by Land, Sea and Air, an additional protocol to the United Nations Convention against Transnational Organized Crime (came into force on January 28, 2004)\nRatification dates for the most important instruments:  United Nations Treaty Collection – Multilateral Treaties Deposited with the Secretary-General .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: International conventions and agreements (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/legal-references.html" + }, + { + "id": "pdi-refugee-18-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "In-Canada claims for refugee protection: Intake", + "marginal_note": "In-Canada claims for refugee protection: Intake", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nIntake is the first step in the in-Canada refugee claim process.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: In-Canada claims for refugee protection: Intake", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/claims-refugee-protection-intake.html" + }, + { + "id": "pdi-refugee-18-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "In-Canada claims for refugee protection: Intake — On this page", + "marginal_note": "On this page", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Who may make a refugee claim\nWhen and where a refugee claim may be made\nHow a refugee claim is made\nBurden of proof\nProcessing fees\nProcedures for receiving and initial processing of claims", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/claims-refugee-protection-intake.html" + }, + { + "id": "pdi-refugee-18-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "In-Canada claims for refugee protection: Intake — Who may make a refugee claim", + "marginal_note": "Who may make a refugee claim", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Foreign nationals and permanent residents who are not subject to a removal order may make a refugee claim in Canada. This includes a claim made at an admissibility hearing prior to the issuance of a removal order.\nCanadian citizens may not make a refugee claim, as they already enjoy the protection of Canadian citizenship and the right to enter and remain in Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Who may make a refugee claim", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/claims-refugee-protection-intake.html" + }, + { + "id": "pdi-refugee-18-3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "In-Canada claims for refugee protection: Intake — When and where a refugee claim may be made", + "marginal_note": "When and where a refugee claim may be made", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "A refugee claim may be made at a Canadian port of entry or at an inland Canada Border Services Agency (CBSA) office, at any time during the administrative or admissibility hearing process, provided a removal order has not been issued.\nA refugee claim can also be initiated from inside Canada, using the online Immigration, Refugees and Citizenship Canada (IRCC) Portal application process.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: When and where a refugee claim may be made", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/claims-refugee-protection-intake.html" + }, + { + "id": "pdi-refugee-18-4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "In-Canada claims for refugee protection: Intake — How a refugee claim is made", + "marginal_note": "How a refugee claim is made", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "From inside Canada\nAt a port of entry\nExemption process\nFrom inside Canada\nNote: The CRPP was fully decommissioned on September 18 th 2023. No communication with the client via the CRPP will be possible after this date.\nRefugee claims submitted from inside Canada via the IRCC Portal are made through a multi-step process, which includes online and in-person components.\nThe claim is initiated online through the IRCC Portal , A claimant must scan and upload supporting documents (including the Basis of Claim (PDF, 541 KB) form) with their online submission.\nUpon submission of the claim, a refugee claim application will be automatically created in GCMS.\nAn IRCC official reviews the claim for completeness and issues an Acknowledgement of Claim (AOC) if complete, which serves as proof that a refugee claim has been made.\nAn IRCC official will schedule an appointment with the claimant for biometrics collection and seizure of documents. They will also conduct an interview with the claimant to determine eligibility of the claim for referral to the Immigration and Refugee Board.\nAt a port of entry\nAll refugee claims must be made in person to a CBSA officer designated to receive refugee claims. A refugee claim is made when a person expresses to a CBSA officer the need for Canada’s protection. The claimant will not necessarily use words like “refugee” or “persecution”. If the official to whom a claim is made is not delegated to receive refugee claims, the claimant must be referred to a delegated officer as soon as practicable.\nAt the port of entry, claimants will have their biometrics collected and identity documents seized. Claimants will be given the Information pamphlet for refugee claimants (PDF, 74.7 KB) detailing the next steps of the asylum claim process.\nNote : Refugee claims may not be made by mail. If a client mails in completed forms to the CBSA or IRCC, the forms must be returned, and the client must be notified that they should apply online through the IRCC Portal .\nExemption process for IRCC claims\nIf an applicant is unable to complete their refugee application online for accommodation reasons, they may request an exemption to the online process. The applicant will email IRCC to provide information on why they are unable to use the online application and request the paper-based application package. ", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: How a refugee claim is made", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/claims-refugee-protection-intake.html" + }, + { + "id": "pdi-refugee-18-5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "In-Canada claims for refugee protection: Intake — Burden of proof", + "marginal_note": "Burden of proof", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The burden of proving that the claim is eligible for referral to the Immigration and Refugee Board rests with the claimant.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Burden of proof", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/claims-refugee-protection-intake.html" + }, + { + "id": "pdi-refugee-18-6", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "In-Canada claims for refugee protection: Intake — Processing fees", + "marginal_note": "Processing fees", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "There are no processing fees for claims for refugee protection in Canada. As well, as per paragraphs R299(2)(a) and R300(2)(a) , claimants are not required to pay the fees normally charged for work and study permits.\nThere is no fee for the replacement of a lost, stolen or destroyed Refugee Protection Claimant Document (RPCD) or Refugee Protection Identity Document (RPID).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Processing fees", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/claims-refugee-protection-intake.html" + }, + { + "id": "pdi-refugee-18-7", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "In-Canada claims for refugee protection: Intake — Procedures for receiving and initial processing of claims", + "marginal_note": "Procedures for receiving and initial processing of claims", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Information and evidence must be collected from all claimants to enable officers to determine:\nwhether a person may make a refugee claim in Canada as per subsection A99(3)\nadmissibility to Canada as per sections A34 to A41\neligibility of the refugee claim for referral to the Refugee Protection Division of the Immigration and Refugee Board as per section A101\nProcedures at inland offices\nProcedures at ports of entry", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Procedures for receiving and initial processing of claims", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/claims-refugee-protection-intake.html" + }, + { + "id": "pdi-refugee-19-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Intake of claims for refugee protection at ports of entry", + "marginal_note": "Intake of claims for refugee protection at ports of entry", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nWhen a claim is made at a port of entry, refugee intake procedures should be completed, including an assessment of whether the provisions of the Safe Third Country Agreement apply.\nThis page details the procedures for taking a refugee claim.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Intake of claims for refugee protection at ports of entry", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-claims-refugee-protection-ports-entry.html" + }, + { + "id": "pdi-refugee-19-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Intake of claims for refugee protection at ports of entry — On this page", + "marginal_note": "On this page", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Step 1 – Review IRCC and CBSA systems\nStep 2 – Biometric collection: Fingerprint and photograph the claimant\nStep 3 – Determine the claimant’s language abilities and the need for an interpreter\nStep 4 – Determine if claimant will be represented\nStep 5 – Canadian Police Information Centre (CPIC) and National Crime Information Centre (NCIC) (CBSA only)\nStep 6 – Liaise with visa office abroad (CBSA only)\nStep 7 – Conduct Immigration and Refugee Protection Act (IRPA) searches and seizures of applicable documents (if required)\nStep 8 – Examination\nStep 9 – Process for claims that have been authorized entry for further examination (if applicable)\nStep 10 – Eligibility decisions\nStep 11 – Compilation of documents", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-claims-refugee-protection-ports-entry.html" + }, + { + "id": "pdi-refugee-19-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Intake of claims for refugee protection at ports of entry — Step 1 – Review IRCC and CBSA systems", + "marginal_note": "Step 1 – Review IRCC and CBSA systems", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "A Global Case Management System (GCMS) integrated name search must be performed using the\nname\ngender\ndate of birth\nIf the claimant already exists in GCMS or the Field Operations Support System (FOSS), this allows staff to identify any known immigration history, including derogatory information on the claimant.\nIf the claimant is only found in FOSS, the officer promotes the person’s information from the FOSS database into GCMS, as per current instructions from GCMS Online Help.\nIf the claimant is not found in GCMS or FOSS, staff must create them as a new client.\nOnce the claimant’s profile is in GCMS, a refugee claim application must be created. Canada Border Services Agency (CBSA) staff will enter biographical information, including aliases, into GCMS.\nNote:\nThe authorized representative must be added as a party to the application upon creation.\nIt is  very important  for families to be grouped together in GCMS, as this is what alerts the Immigration and Refugee Board (IRB) to schedule the claimants together.\nThe examination case and refugee claim application must be created in GCMS before biometrics are collected to ensure they are associated with the claim.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Step 1 – Review IRCC and CBSA systems", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-claims-refugee-protection-ports-entry.html" + }, + { + "id": "pdi-refugee-19-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Intake of claims for refugee protection at ports of entry — Step 2 – Biometric collection: Fingerprint and photograph th", + "marginal_note": "Step 2 – Biometric collection: Fingerprint and photograph the claimant", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "As per section 12.2 of the Immigration Refugee Protection Regulations (IRPR) , all refugee claimants aged 14 years or older should have their biometrics collected.\nBiometrics and information sharing allow the Government of Canada to confirm a claimant’s identity and identify whether a claimant has an adverse Canadian or United States (U.S.) record. This helps maintain program integrity by ensuring that ineligible claimants do not access the Canadian asylum system. Information sharing also prevents claimants from accessing multiple asylum systems. It can assist in verifying the credibility of a claim.\nManual biographic information sharing can occur for minors under 14 years of age only if their accompanying parents’ biometric information sharing reveals an ineligibility and the officer has a reasonable suspicion that sharing the child’s biographic information would reveal a similar ineligibility. This ineligibility can be confirmed by requesting copies of the parents’ asylum application from the partner country.\nOnce biometrics are collected, if a response of “poor quality” is returned, staff should attempt to take the fingerprints again. However, staff can alternatively choose to accept the poor quality fingerprint by selecting the appropriate reason for the poor quality fingerprints being accepted. Staff can include additional notes and should define and record reasons for the acceptance, where appropriate. If the person has previously been able to provide biometrics (to obtain a temporary resident visa), in most cases, a second attempt should be made.\nLearn more\nBiometrics collection and screening\nFingerprinting and photographing vulnerable claimants and minors\nAll claimants must be photographed.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Step 2 – Biometric collection: Fingerprint and photograph the claimant (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-claims-refugee-protection-ports-entry.html" + }, + { + "id": "pdi-refugee-19-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Intake of claims for refugee protection at ports of entry — Step 2 – Biometric collection: Fingerprint and photograph th", + "marginal_note": "Step 2 – Biometric collection: Fingerprint and photograph the claimant", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Vulnerable persons and minors may not be comfortable with the process of being fingerprinted and photographed. Religious and cultural sensitivities should be considered when taking photographs and accommodations made to the greatest extent possible.\nExample: Women who cover their face or their head for religious or cultural reasons should be given the option of having their photograph taken by a female officer.\nExplain the fingerprinting and photography procedures to children. Fingerprinting and photography of children should be done in the presence of their parents or legal guardians, when possible. A child who is not comfortable being photographed alone may be photographed with a parent or legal guardian.\nLearn more\nENF 12: Search, Seizure, Fingerprinting and Photographing (PDF, 617 KB)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Step 2 – Biometric collection: Fingerprint and photograph the claimant (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-claims-refugee-protection-ports-entry.html" + }, + { + "id": "pdi-refugee-19-4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Intake of claims for refugee protection at ports of entry — Step 3 – Determine the claimant’s language abilities and the", + "marginal_note": "Step 3 – Determine the claimant’s language abilities and the need for an interpreter", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Claimants have a right to communicate with Canadian government officials in either of Canada’s official languages.\nIf a claimant is unable to understand and communicate fully in English or French, the CBSA will provide an interpreter.\nIf an interpreter is required but one is not available at the time of the refugee eligibility examination, the officer may adjourn the examination until an interpreter is available. For general information on adjournment of an examination, refer to CBSA shift briefing bulletin 2021-HQ-AC-07-16 and ENF 4: Port of Entry Examinations (PDF, 1.22 MB) .\nOnly accredited interpreters are permitted to act as interpreters at a refugee eligibility examination. Unaccredited interpreters (for example, family members) cannot be used because an eligibility or admissibility decision will have a significant impact on a claimant.\nWhen an interpreter is used, the officer, interpreter and claimant must sign an IMM 1265 – Interpreter Declaration, and the form must be attached to the file.\nRelated links\nSection 8.5 of ENF 4 – Use of interpreters (PDF, 1.79 MB)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Step 3 – Determine the claimant’s language abilities and the need for an interpreter", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-claims-refugee-protection-ports-entry.html" + }, + { + "id": "pdi-refugee-19-5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Intake of claims for refugee protection at ports of entry — Step 4 – Determine if the claimant will be represented", + "marginal_note": "Step 4 – Determine if the claimant will be represented", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "In general, CBSA’s policy is to not permit counsel at a port of entry examination unless arrest or detention has occurred. However, if an officer is dealing with an individual who does have counsel present, the officer should allow the counsel to remain present as long as counsel does not interfere with the examination process. In arrest or detention cases, officers must inform persons of their right to counsel prior to commencing the interview. For CBSA policy, refer to ENF 4, Section 8 (PDF, 1.22 MB) .\nThere are 2 types of representatives: paid and unpaid. See the full policies and procedures on the use of representatives .\nPaid representatives may include\na lawyer who is a member in good standing of a Canadian provincial or territorial law society\nan immigration consultant who is a member in good standing of the Immigration Consultants of Canada Regulatory Council (ICCRC)\na notary who is a member in good standing of the Chambre des notaires du Québec\nUnpaid representatives may include a\nnon-governmental organization representative\ncommunity worker\nrepresentative of a religious organization\nfamily member\nfriend\nIn the case of an unaccompanied minor or someone who, in the opinion of an officer, is unable to understand the proceedings (for reasons other than language), an unpaid or authorized representative may attend the examination. See the full policy on processing refugee claims for minors and vulnerable persons .\nIf a representative is present during the interview, the IMM 5476 – Use of a Representative form must be completed, signed and attached to the file. The representative must be associated as a party with the application in GCMS.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Step 4 – Determine if the claimant will be represented", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-claims-refugee-protection-ports-entry.html" + }, + { + "id": "pdi-refugee-19-6", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Intake of claims for refugee protection at ports of entry — Step 5 – Canadian Police Information Centre (CPIC) and Natio", + "marginal_note": "Step 5 – Canadian Police Information Centre (CPIC) and National Crime Information Centre (NCIC) (CBSA only)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Biometric enrollment must be completed on all refugee applicants who are 14 years of age and older. The results of the biometric query or queries must be reviewed prior to making eligibility and admissibility determinations. Users may need to complete an indices check in CPIC/NCIC if GCMS produces a positive match.\nNCIC queries are limited to the administration of criminal justice. CBSA officers must ensure that an NCIC query is authorized before accessing the information. Additional details can be found in CBSA's OBO 2020-080. Any printouts should be classified “Protected B” and user identification should be blacked out for any CPIC or NCIC printouts that are retained. It is necessary to record the outcome of all criminality checks conducted as part of the refugee claimant intake process in GCMS.\nThe standard of proof in a determination of criminal inadmissibility is “reasonable grounds to believe.”", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Step 5 – Canadian Police Information Centre (CPIC) and National Crime Information Centre (NCIC) (CBSA only)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-claims-refugee-protection-ports-entry.html" + }, + { + "id": "pdi-refugee-19-7", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Intake of claims for refugee protection at ports of entry — Step 6 – Liaise with visa office abroad (CBSA only)", + "marginal_note": "Step 6 – Liaise with visa office abroad (CBSA only)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "If the claimant travelled to Canada with a temporary resident visa (TRV) or if the claimant applied overseas for a visa, a request may be sent to the mission for copies of the application and case notes if they’re not available in GCMS. Systems should be reviewed first for the availability of this information.\nIn the case of a request to a visa office in the claimant’s country of nationality or of habitual residence, the information must be transmitted by Entrust encrypted email. The information exchanged must never reveal the claimant’s identity or the fact that they have made a refugee claim. This includes communications with the Hong Kong visa office regarding refugee claimants from the People’s Republic of China. The exchange of non-classified messages to and from the claimant’s country of origin could result in reprisals against the claimant or their family or associates.\nIn most cases, when a request is sent to a visa office outside the claimant’s country of nationality or of habitual residence, it may be sent by unclassified email. However, in some cases, due to a claimant’s particular circumstances, it may be warranted to classify documents in order to protect the claimant.\nWhen TRV details are not available in GCMS\nWhen a TRV is present in the claimant’s passport, messages to visa offices to request case notes should be formatted as follows: state number and date of visa issuance as well as the file number of the visa office, which appears in black on the sixth printed line of the visa, on the right. It starts with a V (visitor), S (student) or W (worker).\nWhen details of the application abroad are not available, the CBSA should provide the name, date and place of birth, country of last permanent residence (CLPR) and date of the refugee claim of the person. The message should request that the reply be sent by Entrust encrypted email. The visa office should respond with the details of any overseas application and, if applicable, send a copy of the application to the office that requested the information.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Step 6 – Liaise with visa office abroad (CBSA only)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-claims-refugee-protection-ports-entry.html" + }, + { + "id": "pdi-refugee-19-8-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Intake of claims for refugee protection at ports of entry — Step 7 – Conduct Immigration and Refugee Protection Act (IRP", + "marginal_note": "Step 7 – Conduct Immigration and Refugee Protection Act (IRPA) searches and seizures of applicable documents (if required)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Detailed instructions and requirements are found in ENF 12: Search, seizure, fingerprinting and photographing (PDF, 617 KB) . Officers must clearly articulate and document a reason for a search and complete the applicable forms. The Canadian Charter of Rights and Freedoms (the Charter) protects the basic rights of all persons in Canada, including foreign nationals. Sections 8 through 10 of the Charter govern an officer’s authority to conduct searches and seizures.\nSubsection 139(1) of the Immigration and Refugee Protection Act (IRPA) provides the authority to conduct a search of\na person\ntheir luggage\ntheir personal effects\nthe means of transportation that conveyed the person to Canada at a port of entry (POE)\nSubsection A139(1) requires that an officer believe on reasonable grounds that the person seeking to come into Canada has\nnot revealed their identity\nhidden documents that are relevant to their admissibility on or about their person\nconcealed documents that may be or have been used for the purpose of smuggling or trafficking of persons into Canada or for other contraventions under the IRPA and IRPR\nThe officer must ensure that the BSF 667 – Search/arrest report is completed and signed, and that a copy is given to the claimant.\nSection A140 provides the legislative authority to seize any means of transportation, documents or other item if an officer believes on reasonable grounds that\nit was fraudulently or improperly obtained or used\nthe seizure is necessary to prevent its fraudulent or improper use\nthe seizure is necessary to carry out the purposes of the IRPA", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Step 7 – Conduct Immigration and Refugee Protection Act (IRPA) searches and seizures of applicable documents (if required) (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-claims-refugee-protection-ports-entry.html" + }, + { + "id": "pdi-refugee-19-8-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Intake of claims for refugee protection at ports of entry — Step 7 – Conduct Immigration and Refugee Protection Act (IRP", + "marginal_note": "Step 7 – Conduct Immigration and Refugee Protection Act (IRPA) searches and seizures of applicable documents (if required)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Although in each case, an officer must determine that the seizure meets one of the requirements under section A140 , generally speaking, IRCC and CBSA officers will seize all refugee claimants’\npassports\npertinent identification\ntravel documents\nCertified true copies of genuine documents will be provided to these individuals, as they can be used when seeking to access federal and provincial programs.\nSeizure of documents will\nexpedite the identification of the person\nassist in background checks\nassist in identifying immediate family members\nassist in verifying information provided in their Basis of Claim form (PDF, 541 KB)\nensure compliance\nensure that documents are not recycled\nassist in removal should the refugee claim be unsuccessful\nIn all cases, officers must complete a seizure form BSF 698. Officers must provide a copy to the claimant.\nThe seized documents must be scanned in colour and uploaded to GCMS as per the instructions in the CBSA Operational bulletin: OBO-2021-022 – Scanning and uploading refugee intake documents into GCMS.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Step 7 – Conduct Immigration and Refugee Protection Act (IRPA) searches and seizures of applicable documents (if required) (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-claims-refugee-protection-ports-entry.html" + }, + { + "id": "pdi-refugee-19-9", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Intake of claims for refugee protection at ports of entry — Step 8 – Examination", + "marginal_note": "Step 8 – Examination", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The purpose of the examination is twofold:\nTo gather any needed information about the claim and claimant; the interview is not adversarial and should be for the purpose of information gathering\nTo conduct the Minister’s delegate review related to the section A44 report prepared with respect to the claimant\nExamination options\nAt ports of entry, front-end processing should normally be completed for all claimants at the initial interview. A border services officer at immigration secondary has the following options available when an examination cannot be completed.\nDirect back\nIn certain highly exceptional circumstances at land ports of entry, an examination appointment may be scheduled and the refugee claimant may be directed back to the United States.\nRelated procedures\nENF 4: Port of Entry Examinations – Section 18: Options for dealing with inadmissibility and incomplete examinations (PDF, 1.6 MB)\nArrest and detention\nSection A55 provides for the arrest and detention of individuals in prescribed circumstances. Not all inadmissible individuals are arrested or detained, nor should arrest or detention be used out of administrative convenience.\nFor specific instructions on what must be considered when determining whether to exercise authorities under section A55, refer to ENF 7: Immigration investigations and section A55 – Arrests/Detentions and ENF 20: Detention (PDF, 845 KB) .\nSee step 9 for entry for further examination.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Step 8 – Examination", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-claims-refugee-protection-ports-entry.html" + }, + { + "id": "pdi-refugee-19-10-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Intake of claims for refugee protection at ports of entry — Step 9 – Process for claims that have been authorized entry ", + "marginal_note": "Step 9 – Process for claims that have been authorized entry for further examination (if applicable)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "A claimant may be permitted entry for further examination as per existing policy instructions when either\nfull processing cannot be completed, or\nvolumes of claims for refugee protection meet processing thresholds established in regional CBSA contingency plans\nDetailed instructions are available in shift briefing bulletin 2021-HQ-AC-07-16 – General guidance on the use of section 23 of the Immigration and Refugee Protection Act to authorize entry for further examination or an admissibility hearing.\nInitial Refugee Claimant Assessment (IRCA) model\nCBSA has developed the Initial Refugee Claimant Assessment (IRCA) model to ensure national consistency in the examination of all refugee claimants by creating\na list of required screening questions on the IRCA form BSF 850\nprocedural steps that must be taken to assess risk factors related to the determination of the person’s eligibility and admissibility\nIf the claimant has been authorized entry for further examination, the claimant will be scheduled for a time to return to the POE or to appear at a CBSA inland office or processing centre at a later date based on the specifics of the case.\nThe client should be provided with the Information pamphlet for refugee claimants .\nSee OBO-2021-043 for complete IRCA instructions.\nPersons who are seeking refugee protection and whose claim is found to be ineligible under the Safe Third Country Agreement (STCA)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Step 9 – Process for claims that have been authorized entry for further examination (if applicable) (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-claims-refugee-protection-ports-entry.html" + }, + { + "id": "pdi-refugee-19-10-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Intake of claims for refugee protection at ports of entry — Step 9 – Process for claims that have been authorized entry ", + "marginal_note": "Step 9 – Process for claims that have been authorized entry for further examination (if applicable)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "If, after the Intake of a claims for refugee protection has been received at a ports of entry and completing the BSF850 Initial Refugee Claimant Assessment (PDF) form (BSF 850) (PDF) (available internally only) has been completed, it is determined that the claim is ineligible pursuant to paragraph 101(1)(e) of the Immigration and Refugee Protection Act (IRPA) , and the person is being removed immediately, Border Services Officers are not required to complete security screening or the following forms:\nIMM0008 Generic Application Form for Canada (IMM 0008)\nAdditional Dependants/Declaration Form (IMM 0008DEP) (if applicable)\nIMM0008 Schedule 12 – Additional Information – Refugee Claimants Inside Canada (IMM 0008 – Schedule 12)\nIMM5669 Schedule A – Background/Declaration (IMM 5669)\nSee Operational bulletin OBO-2023-014 for complete instructions for processing refugee claims that are found to be ineligible under the STCA.\nCBSA Functionality in the IRCC Portal", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Step 9 – Process for claims that have been authorized entry for further examination (if applicable) (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-claims-refugee-protection-ports-entry.html" + }, + { + "id": "pdi-refugee-19-10-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Intake of claims for refugee protection at ports of entry — Step 9 – Process for claims that have been authorized entry ", + "marginal_note": "Step 9 – Process for claims that have been authorized entry for further examination (if applicable)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Effective April 4, 2023, persons who already made a claim to the CBSA and were either permitted entry for further examination by an officer, or instructed by the CBSA to complete their claim online, will complete their claim via the IRCC Portal using the CBSA functionality. The IRCC Portal allows the claimant, or their legal representative who is making a claim on their behalf, to submit the required claim information and upload copies of any additional supporting documentation related to their claim in a secure online environment. The claimant will be instructed to complete their claim using the IRCC Portal, and will complete their examination in Canada at a later date (if applicable). A representative may assist or complete the claim on behalf of the claimant. See more details on this process .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Step 9 – Process for claims that have been authorized entry for further examination (if applicable) (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-claims-refugee-protection-ports-entry.html" + }, + { + "id": "pdi-refugee-19-11", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Intake of claims for refugee protection at ports of entry — Step 10 – Eligibility decisions", + "marginal_note": "Step 10 – Eligibility decisions", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Admissibility\nRefugee claimants are generally considered to be inadmissible for non-compliance [subsection A41(a) and paragraph A20(1)(a) ]. For more information, see the admissibility instructions .\nAfter the section A44 report is prepared, the claim is referred for a Minister’s delegate review. The Minister’s delegate will determine if the report is well founded and issue the appropriate removal order or refer to the Immigration Division.\nImmigration conditions may be imposed on the claimant.\nEligibility\nA refugee claim must be made to an officer [ A99(3) ], and the burden of proving eligibility rests on the claimant [ A100(1.1) ]. If eligible, the claim must be referred to the Refugee Protection Division (RPD).\nIt is expected that most eligibility decisions will be made during the Minister’s delegate review.\nIf an officer suspects that a claimant is not eligible, the claimant should be questioned about the facts supporting this suspicion. If the claimant maintains that they are eligible and there are no contradicting facts, the claim should be found eligible and referred to the RPD. However, detailed notes should be entered about the officer’s concerns and flagged in the system.\nA final eligibility decision is then made by the Minister’s delegate. The application status and application status reason in GCMS should reflect the officer’s decision, which triggers the referral to the RPD for eligible claimants and creates the Confirmation of Referral document.\nFor more information related to making your eligibility decision, refer to In-Canada claims for refugee protection: Interviews .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Step 10 – Eligibility decisions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-claims-refugee-protection-ports-entry.html" + }, + { + "id": "pdi-refugee-19-12-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Intake of claims for refugee protection at ports of entry — Step 11 – Compilation of documents", + "marginal_note": "Step 11 – Compilation of documents", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "To create the paper file and complete electronic files, the officer:\nensures the application is complete and signed by the claimant, including the following forms:\nGeneric Application Form for Canada [ IMM 0008 (PDF, 464 KB) ]\nAdditional Dependants / Declaration Form [ IMM 0008DEP (PDF, 471 KB) ]\nSchedule A – Background / Declaration [ IMM 5669 (PDF, 246 KB) ], including military service table and police service form (if applicable)\nSchedule 12 – Additional Information – Refugee Claimants Inside Canada [ IMM 0008 – Schedule 12 (PDF, 1.2 MB) ]\nUse of a Representative form [ IMM 5476 (PDF, 1.8 MB) ] (if applicable)\nissues the claimant their Refugee Protection Identity Document (RPID) (formerly known as the Refugee Protection Claimant Document [RPCD])\nthe RPID is generated in GCMS at claim promotion, but should not be provided to the claimant until this stage\nincludes their notes, if applicable\nincludes 3 certified true copies of the claimant’s identity documents\nincludes 4 passport-sized photographs of the claimant\nincludes a copy of the fingerprint record if completed through LiveScan\nobtains the name and address of counsel, if applicable\nincludes all relevant correspondence related to the applicant\nincludes visa office file information, if applicable (CBSA: a copy of the email to the visa office requesting their file. IRCC: GCMS information request for the application, that is, GCMS generated a TRV ATIP report)\ninputs information in GCMS within 48 hours for all transportation liability cases and within 30 days for all others\nprovides the claimant with the Information pamphlet for refugee claimants", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Step 11 – Compilation of documents (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-claims-refugee-protection-ports-entry.html" + }, + { + "id": "pdi-refugee-19-12-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Intake of claims for refugee protection at ports of entry — Step 11 – Compilation of documents", + "marginal_note": "Step 11 – Compilation of documents", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Note: If the claimant used IRCC Portal, the officer will replace the signed and completed application as well as the forms (IMM 0008, IMM 0008DEP, Schedule A, and Schedule 12) with the Client Application Summary PDF . The claimant may also upload the Basis of Claim Form (PDF, 541 KB) to IRCC Portal.\nOffices will transmit the following items or copies thereof to the applicable RPD office via the NOVA-GCMS Interface (NGI):\nClient Application Summary (PDF) (for IRCC Portal claims)\nUse of a Representative form [ IMM 5476] (PDF, 1.8 MB)  (if applicable)\nConfirmation of Referral\nvisa application file (ATIP report) (IRCC only)\nNotice of Seizure of Travel and/or Identity Document(s) (BSF 698)\ncopies of seized documents (genuine and fraudulent)\nclient photographs (uploaded into the IRCC Portal or stapled to the back of the principal applicant’s IMM 0008 if the claimant is not using the IRCC Portal )\nstatutory declaration (if completed)\ncompleted, signed, and dated Checklist – Documents Provided to Refugee Claimant(s) [IMM 5780]\ninterview notes\nany other documents submitted\nSave and attach files to GCMS (CBSA and IRCC)\nWhen the examination is completed, all forms, officer notes, identity documents and other supporting paperwork should be scanned and saved into GCMS, and, when applicable, those documents should be saved in the shared electronic file folder as indicated in the following table.\nItem\nScanned onto computer?\nSaved and attached to GCMS?\nScanned into GCMS by its 2D bar code (if applicable)?\nSaved in the shared electronic file folder?\nIMM 0008\nYes\nYes – Application Incoming Correspondence\nYes\nYes\nSchedule A; Schedule 12; military table; police service form (if applicable)\nYes\nYes – Application Incoming Correspondence\nN/A\nYes", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Step 11 – Compilation of documents (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-claims-refugee-protection-ports-entry.html" + }, + { + "id": "pdi-refugee-19-12-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Intake of claims for refugee protection at ports of entry — Step 11 – Compilation of documents", + "marginal_note": "Step 11 – Compilation of documents", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Client Application Summary or Record of submission PDF\nN/A\nYes – Application Incoming Correspondence\nN/A\nYes\nBasis of Claim Form (only applicable if claimant is using IRCC Portal)\nYes\nYes – Application Incoming Correspondence\nN/A\nYes\nUse of a Representative [IMM 5476] (if applicable)\nYes\nYes – Application Incoming Correspondence\nN/A\nYes\nIdentity and travel documents\nYes\nYes – Client Documents\nN/A\nYes\nOfficer’s notes (if applicable)\nYes\nYes\nN/A\nYes\nVisa office file (if applicable)\nYes\nGCMS document\nN/A\nYes", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Step 11 – Compilation of documents (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-claims-refugee-protection-ports-entry.html" + }, + { + "id": "pdi-refugee-20-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Inland refugee claim processing procedures", + "marginal_note": "Inland refugee claim processing procedures", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Inland refugee claim processing procedures", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-procedures-inland-offices-regarding-claims-refugee-protection.html" + }, + { + "id": "pdi-refugee-20-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Inland refugee claim processing procedures — On this page", + "marginal_note": "On this page", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Initiating a claim\nData entry and completeness check\nDuplicate claims\nSecurity screening\nDocument issuance\nBiometrics and information sharing\nDocument seizure\nAcknowledgement of claim\nTriaging\nScheduling\nInterview\nEligibility decisions\nMinister’s delegate review\nDocument package\nThe following are procedures for IRCC inland offices.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-procedures-inland-offices-regarding-claims-refugee-protection.html" + }, + { + "id": "pdi-refugee-20-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Inland refugee claim processing procedures — Initiating a claim", + "marginal_note": "Initiating a claim", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Effective September 13, 2022, a person, or their legal representative acting on their behalf, can initiate a claim for refugee protection inside Canada by using the Immigration, Refugees and Citizenship (IRCC) Portal to complete questions and submit documentation online, including the Basis of Claim (BOC) (PDF, 541 KB) Form.\nIf a person arrives at an inland office and indicates a need for refugee protection, they will be directed to view the Claiming refugee protection from inside Canada poster, which gives instructions on how to submit a refugee claim in Canada.\nSee the Intake instructions for additional information and details on requesting an exemption from the online process.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Initiating a claim", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-procedures-inland-offices-regarding-claims-refugee-protection.html" + }, + { + "id": "pdi-refugee-20-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Inland refugee claim processing procedures — Data entry and completeness check", + "marginal_note": "Data entry and completeness check", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Paper-based claims\nPaper-based applications are assigned to staff for manual data entry. When the client submits their completed application (including the Basis of Claim Form (PDF, 541 KB) ) using the paper-based alternative process, office staff must verify that the application is complete (or nearly complete). Delegated IRCC staff will pull biographical data from the online application’s dashboard and perform an integrated search for each person listed in the forms. See GCMS Online Help, Overview: Search for more information on how to perform an integrated search.\nA GCMS integrated name search must be performed using\nname\ngender\ndate of birth\nIf the claimant already exists in GCMS or the Field Operations Support System (FOSS), this allows staff to identify any known immigration history, including derogatory information on the claimant.\nIf the claimant is found only in FOSS, the officer promotes the person’s information from the FOSS database into GCMS, as per current instructions from GCMS Online Help.\nIf the claimant is not found in GCMS, staff must create them as a new client.\nOnce the claimant’s UCI has been identified or created in GCMS, a refugee claim application must be created. IRCC staff will enter biographical information, including aliases, into GCMS, and upload all documents submitted by the claimant from the online portal (Record of submission PDF, Basis of Claim Form, and identity documents) or via the paper-based process. These documents will be leveraged by other GCMS users (at the Immigration and Refugee Board [IRB], IRCC, and the Canada Border Services Agency [CBSA]), reducing the need for file transfers. For detailed information on scanning and saving, see the instructions for scanning and sharing documents.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Data entry and completeness check (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-procedures-inland-offices-regarding-claims-refugee-protection.html" + }, + { + "id": "pdi-refugee-20-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Inland refugee claim processing procedures — Data entry and completeness check", + "marginal_note": "Data entry and completeness check", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "If after completing a GCMS search, the client is found to be subject to a removal order, they cannot make a refugee claim. A letter will be uploaded into the IRCC Portal and the claim will be closed.\nNote: The authorized representative must be added as a party to the application upon creation.\nIt is very important for families to be grouped together in GCMS, as this is what alerts the IRB to schedule the claimants together.\nThe Record of submission PDF provided by the claimant is not to be altered in any way. Any amendments are to be recorded, saved in GCMS notes and shared with the IRB. GCMS fields are to be updated, if applicable.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Data entry and completeness check (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-procedures-inland-offices-regarding-claims-refugee-protection.html" + }, + { + "id": "pdi-refugee-20-4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Inland refugee claim processing procedures — Duplicate claims", + "marginal_note": "Duplicate claims", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Claimants should only have one open REF-CLM application in GCMS. Processing staff are to follow the process below for duplicate claims where a client has an open REF-CLM application in GCMS that has been referred to the IRB, and has made a second claim via the IRCC Portal:\nSend the duplicate claim with the IRB letter (available in the T-drive) via the IRCC Portal to advise the client that they already have a claim in progress and their subsequent claim is being cancelled.\nCancel the IRCC Portal claim.\nProcessing staff are to follow the process below for duplicate claims where a client has received a decision from the IRB on their claim , and has made a second claim via the IRCC Portal:\nSend the Multiple Claims letter (available in the T-drive) via the IRCC Portal to advise the client that they are ineligible to make a claim.\nCancel the IRCC Portal claim.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Duplicate claims", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-procedures-inland-offices-regarding-claims-refugee-protection.html" + }, + { + "id": "pdi-refugee-20-5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Inland refugee claim processing procedures — Security screening", + "marginal_note": "Security screening", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Paper-based claims\nAfter data entry is complete, staff will submit security screening requests.\nIf the claimant is exempt from using the IRCC Portal, the Details of Military Service [IMM 5446] (PDF, 1.8 MB) , Details of Police Service [IMM 0150] (PDF, 137 KB) , and/or Details of Government Employment [IMM 0149] (PDF, 139 KB) forms should be submitted by the claimant at intake, if applicable.\nSee the Admissibility instructions for more information.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Security screening", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-procedures-inland-offices-regarding-claims-refugee-protection.html" + }, + { + "id": "pdi-refugee-20-6", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Inland refugee claim processing procedures — Document issuance", + "marginal_note": "Document issuance", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Acknowledgement of claim\nOnce the steps above are complete, the claimant will be issued an acknowledgement of claim (AOC) document. This document provides the claimant with proof that they have made a claim. It can be presented to medical professionals as proof of Interim Federal Health Program (IFHP) coverage until an eligibility decision is rendered and a Refugee Protection Identity Document (RPID) is issued (formerly the Refugee Protection Claimant Document [RPCD]).\nThe client should also be provided with the Information pamphlet for refugee claimants.\nImmigration medical examination (IME)\nAll refugee claimants in Canada must submit to an IME [ R30(1)(e) ].\nClaimants must be provided with IME instructions. This allows claimants to schedule their IME with an IRCC panel physician. This form can be sent to the claimant via the document upload function in the IRCC Portal , or by mail or email if using the alternative process. If contacting the claimant by email, staff must only communicate with the email address provided in the IRCC Portal or the IMM 0008.\nAppointments\nClaimants will be sent instructions for biometric collection and identity document submission. These instructions will inform clients to come into the office on a specific date and during a specified period of time with the required documents and 2 passport-sized photographs (if applicable), which are to be added to their file.\nRefugee Protection Identity Document\nThe RPID (formerly, the RPCD) will be generated at claim promotion, but should be given to the claimant at their eligibility/Minister’s Delegate Review (MDR) appointment.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Document issuance", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-procedures-inland-offices-regarding-claims-refugee-protection.html" + }, + { + "id": "pdi-refugee-20-7", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Inland refugee claim processing procedures — Biometrics and information sharing", + "marginal_note": "Biometrics and information sharing", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "As per section 12.2 of the Immigration Refugee Protection Regulations (IRPR) , all refugee claimants aged 14 years or older should have their biometrics collected.\nBiometrics and information sharing allow the Government of Canada to confirm a claimant’s identity and identify whether a claimant has an adverse Canadian or United States (U.S.) record. This helps maintain program integrity by searching against fingerprint records in the Canada and U.S. databases.\nManual biographic information sharing should occur for minors under 14 years of age only if their accompanying parents’ biometric information sharing reveals an ineligibility and the officer has a reasonable suspicion that sharing the child’s biographic information would reveal a similar ineligibility. This ineligibility can be confirmed by requesting copies of the parents’ asylum application from the partner country.\nFingerprinting and photographing vulnerable claimants and minors\nAll claimants 14 years of age and older must be photographed.\nVulnerable persons and minors may not be comfortable with the process of being fingerprinted and photographed. Religious and cultural sensitivities should be considered when taking photographs and accommodations made to the greatest extent possible.\nExample: Women who cover their face or their head for religious or cultural reasons should be given the option of having their photograph taken by a female officer.\nExplain the fingerprinting and photography procedures to children. Fingerprinting and photography of children should be done in the presence of their parents or legal guardians, when possible. A child who is not comfortable being photographed alone may be photographed with a parent or legal guardian.\nSee the following instructions for more information:\nBiometrics collection and screening", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Biometrics and information sharing", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-procedures-inland-offices-regarding-claims-refugee-protection.html" + }, + { + "id": "pdi-refugee-20-8", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Inland refugee claim processing procedures — Document seizure", + "marginal_note": "Document seizure", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "When documents are seized, staff will sign the Notice of Seizure of Travel and/or Identity Document(s) (BSF 698) form and provide the client with certified copies of the seized documents.\nAs part of the online application process, applicants have submitted an electronic copy of their identity documents. Officers will verify in GCMS that the documents submitted by the claimant match the documents seized. If the version submitted by the claimant is not clear or an error exists, officers must scan and upload a colour copy of the seized document into GCMS and print a certified copy for the claimant. Officers will then complete the necessary GCMS entries.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Document seizure", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-procedures-inland-offices-regarding-claims-refugee-protection.html" + }, + { + "id": "pdi-refugee-20-9", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Inland refugee claim processing procedures — Triaging", + "marginal_note": "Triaging", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Once applications are ready for review, they will be assigned to triage staff. Assigned staff will conduct a GCMS case review, including reviewing the Client Application Summary PDF and biometric results and assessing the complexity of the case. If there are issues with biometrics (for example, if they are missing or poor quality), staff will decide if they will ask the client to return for biometrics collection. See Processing poor quality fingerprints for more information.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Triaging", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-procedures-inland-offices-regarding-claims-refugee-protection.html" + }, + { + "id": "pdi-refugee-20-10", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Inland refugee claim processing procedures — Scheduling", + "marginal_note": "Scheduling", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Claimants will be scheduled based on case complexity and language. IRCC staff will send an appointment letter electronically via the IRCC Portal to inform claimants of their appointment.\nClaimants must be asked to bring their travel or identity documents, if they have not already been seized.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Scheduling", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-procedures-inland-offices-regarding-claims-refugee-protection.html" + }, + { + "id": "pdi-refugee-20-11", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Inland refugee claim processing procedures — Interview", + "marginal_note": "Interview", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The interview serves several purposes:\nTo ensure the individual understands that they are making a refugee claim and the impact that will have on any current status they may have.\nTo ask the claimant whether they would like to modify or add to any of the information in the Client Application Summary (IRCC Portal). This will ensure that the claimant is given the opportunity to address any errors or issues with the information they provided.\nTo gather any needed information about the claim and claimant; the interview is not adversarial and should be only for the purpose of information gathering and clarification.\nTo conduct the Minister’s delegate review related to the section A44 report prepared with respect to the claimant.\nTo counsel the applicant on the subsequent steps of the asylum process.\nFor more information on the interview process, refer to In-Canada claims for refugee protection: Interviews .\nFor more information when there is a case of possible interest for intervention, refer to Identifying cases for review and intervention.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Interview", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-procedures-inland-offices-regarding-claims-refugee-protection.html" + }, + { + "id": "pdi-refugee-20-12", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Inland refugee claim processing procedures — Eligibility decisions", + "marginal_note": "Eligibility decisions", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "If eligible, the claim must be referred to the Refugee Protection Division (RPD).\nIt is expected that most eligibility decisions can be made on the day of the Minister’s delegate review.\nThe burden rests on a claimant to prove their claim is eligible [ A100(1.1) ].\nIf an officer suspects that a claim is not eligible, the claimant should be questioned about the facts supporting this suspicion. If the claimant maintains that their claim is eligible, and there are no contradicting facts, the claim should be found eligible and referred to the RPD. However, detailed notes should be entered about the officer’s concerns in the system.\nA “Final” referral decision is then made on the application, which triggers the electronic referral to the RPD and creates the Confirmation of Referral document.\nFor groups, the Head of Family (HOF) must be referred first. A validation message will warn if this is not the case.\nAfter the “Final” referral decision is set to “Referred,” staff must ensure that the transaction has gone to the RPD. This can be confirmed in the Ref Determination view.\nThe updated NOVA-GCMS interface allows for near real-time two-way connectivity between the GCMS and NOVA, including transmission of referral decisions.\nNote: If a decision of “Referred” is recorded in error, it is important for staff to remove the decision and inform the impacted RPD office that the referral was made in error.\nFor more information on eligibility, refer to Eligibility for referral of in-Canada claims to the IRB .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Eligibility decisions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-procedures-inland-offices-regarding-claims-refugee-protection.html" + }, + { + "id": "pdi-refugee-20-13", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Inland refugee claim processing procedures — Minister’s delegate review", + "marginal_note": "Minister’s delegate review", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Refugee claimants are generally considered to be inadmissible for non-compliance by virtue of the fact that they want to remain in Canada permanently, but do not have a permanent resident visa [ A41(a) and A20(1)(a) ]. All inadmissibilities should be considered, and multiple reports for the same individual may be prepared if multiple inadmissibilities exist. The section A44 inadmissibility report should be prepared in accordance with ENF 5 (PDF, 1.5 MB) guidance and procedures, even if it cannot yet be issued to the claimant (for example, because no interpreter is available). For more information on admissibility, see In-Canada refugee claims: admissibility .\nAfter the A44 report is prepared, it must be referred for a Minister’s delegate review. The Minister’s delegate will determine if the report is well founded. If the Minister’s delegate is considering to issue a removal order, they will\nconduct an interview with the claimant\ndiscuss the allegation against them\nmake a decision\nissue the appropriate removal order (if applicable)\nIf the allegation in the A44 report is not within the Minister’s delegate’s jurisdiction or if the report concerns an unaccompanied minor or a person unable to appreciate the nature of the proceedings, the Minister’s delegate must refer the report to the Immigration Division and suspend the claim .\nConditions may be imposed on the claimant.\nLearn more\nIn-Canada refugee claims: admissibility", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Minister’s delegate review", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-procedures-inland-offices-regarding-claims-refugee-protection.html" + }, + { + "id": "pdi-refugee-20-14-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Inland refugee claim processing procedures — Document package", + "marginal_note": "Document package", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Once all documents are printed, finalized and given to the claimant, staff should ensure that the Application Status Reason in GCMS reads “Referred to IRB”. If it does not, it must be manually changed. Those whose claims are eligible must be given an IRB Claimant’s Kit, which is provided by the IRB, or referred to the IRB’s Claimant's Kit Web page Footnote 1 IRCC inland offices receive Claimant’s Kits absent a Basis of Claim (BOC) Form (as this will have already been submitted by the claimant). The kit contains a Notification of Client Contact Information form. The Notification of Client Contact Information form needs to be submitted to the RPD within 10 days . It only needs to be completed and submitted if the claimant was unable to list a permanent address on their other forms, or in the case of a change of address.\nElectronic documents cannot be sent via Nova-GCMS Interface (NGI) until GCMS receives confirmation from the RPD that the claim has been received. If it takes more than 15 minutes to receive confirmation, the GCMS helpdesk should be contacted.\nTable – Saving and attaching files to GCMS\nItem\nSaved and attached to GCMS?\nData loaded into GCMS?\nClient Application Summary or Record of submission PDF\nYes – Application Incoming Correspondence\nN/A\nUse of a Representative [IMM 5476] (if applicable)\nYes – Application Incoming Correspondence\nN/A\nIMM 0008 (only if claimant not using IRCC Portal)\nYes – Application Incoming Correspondence\nYes (2D barcode can be scanned to populate data)\nSchedule 12 (only if claimant not using IRCC Portal)\nYes – Application Incoming Correspondence\nN/A\nSchedule A (only if claimant not using IRCC Portal)\nYes – Application Incoming Correspondence\nOnly if uploaded directly from a desktop", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Document package (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-procedures-inland-offices-regarding-claims-refugee-protection.html" + }, + { + "id": "pdi-refugee-20-14-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Inland refugee claim processing procedures — Document package", + "marginal_note": "Document package", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Details of Military Service form [ IMM 5546] (PDF, 1,808 KB) (only if claimant not using IRCC Portal, if applicable)\nYes – Application Incoming Correspondence\nN/A\nDetails of Police Service form [IMM 0150] (PDF, 137 KB) (only if claimant not using IRCC Portal, if applicable)\nYes – Application Incoming Correspondence\nN/A\nDetails of Government Employment form [IMM 0149] (PDF, 139 KB) (only if claimant not using IRCC Portal, if applicable)\nYes – Application Incoming Correspondence\nN/A\nBasis of Claim Form\nYes – Application Incoming Correspondence\nN/A\nIdentity and travel documents\nYes – Client Screen Documents tab\nN/A\nOfficer/interview notes (if applicable)\nYes\nN/A\nNote: It is acceptable to scan the IMM 0008, Schedule 12, Schedule A, Details of Military Service form, Details of Police Service form, Details of Government Employment form and other non BOC forms into GCMS as one attachment. The BOC and travel documents should be scanned individually.\nRefugee claimants should be given the Information pamphlet for refugee claimants , which contains important information regarding IFHP coverage, work permits, etc.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Document package (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-procedures-inland-offices-regarding-claims-refugee-protection.html" + }, + { + "id": "pdi-refugee-20-15", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Inland refugee claim processing procedures — Footnotes", + "marginal_note": "Footnotes", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Footnote 1\nAgents should note that orders for Claimant’s Kits are now processed electronically by contacting  BOC-FDA@irb-cisr.gc.ca and should allow 2 weeks for delivery.\nReturn to footnote 1 referrer", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Footnotes", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/intake-procedures-inland-offices-regarding-claims-refugee-protection.html" + }, + { + "id": "pdi-refugee-21-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Eligibility for referral to the IRB", + "marginal_note": "Eligibility for referral to the IRB", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Eligibility for referral to the IRB", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-eligibility-referral-claims.html" + }, + { + "id": "pdi-refugee-21-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Eligibility for referral to the IRB — General assessment guidelines", + "marginal_note": "General assessment guidelines", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Per A100(1.1) , the burden is on the claimant to prove that their claim is eligible to be referred to the Refugee Protection Division (RPD) of the IRB, and must answer truthfully all questions put to them.\nFor the purpose of an eligibility determination, refugee claimants may make a claim against just one country, even if they have multiple nationalities. The RPD will assess the merits of the claim against each country of nationality. Refugee claim eligibility is determined during the eligibility examination.\nIf eligibility cannot be determined because the claimant may be inadmissible due to serious criminality, security, human/international rights violations or organized criminality, and as a result an A44 report is referred to the Immigration Division for an admissibility hearing, suspend the consideration on eligibility as per A100(2) . If the claim has already been referred to RPD, suspend under A103(1) .\nSteps for determining eligibility:\nConduct a thorough review of the documentation;\n(If applicable) assess whether the claimant is ineligible under 101(1)(e) , the Safe Third Country Agreement (STCA)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: General assessment guidelines", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-eligibility-referral-claims.html" + }, + { + "id": "pdi-refugee-21-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Eligibility for referral to the IRB — Grounds for ineligibility", + "marginal_note": "Grounds for ineligibility", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "A claim is not eligible to be referred to the Refugee Protection Division (RPD) if the claimant is described in section 101 of the Immigration and Refugee Protection Act (IRPA), as outlined below:\nParagraph A101(1)(a)\nParagraph A101(1)(b)\nParagraph A101(1)(b.1)\nParagraph A101(1)(b.2)\nParagraph A101(1)(c)\nParagraph A101(1)(c.1)\nParagraph A101(1)(d)\nParagraph A101(1)(e)\nParagraph A101(1)(f)\nParagraph A101(2)(a)\nParagraph A101(2)(b)\nParagraph A101(1)(a)\nA claim by a person who has already become a protected person in Canada is not eligible to be referred to the RPD, as the claimant already benefits from refugee protection in Canada. This includes a person who\nbecame a protected person through refugee resettlement [A95(1)(a)]\nhas been found to be a refugee by the Immigration and Refugee Board (IRB) [A95(1)(b)]\nhas had a positive pre-removal risk assessment (PRRA) [A95(1)(c)]\nParagraph A101(1)(b)\nA claim is ineligible to be referred to the RPD if the claimant previously made a refugee claim that was rejected by the IRB , whether their previous claim was made under the Immigration and Refugee Protection Act (IRPA) or previous immigration legislation [R339] . This includes claims that have been vacated or ceased by the RPD (or the Convention Refugee Determination Division, under the former act) and claims that have been rejected by the Minister under the former act.\nNote: A claim made by someone who has been refused resettlement at a Canadian visa office or who was never a claimant in Canada but whose Pre-Removal Risk Assessment Application was refused is not ineligible under paragraph A101(1)(b) , as their refugee protection concerns have not been heard by the IRB.\nParagraph A101(1)(b.1)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Grounds for ineligibility (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-eligibility-referral-claims.html" + }, + { + "id": "pdi-refugee-21-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Eligibility for referral to the IRB — Grounds for ineligibility", + "marginal_note": "Grounds for ineligibility", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Under A101(1)(b.1), a claim is ineligible if the claimant entered Canada after June 24, 2020 and made their claim more than one year after the day of their entry. (Note: if the person left Canada and returned, the one-year period is calculated from their first entry.)\nParagraph A101(1)(b.2)\nUnder A101(1)(b.2), a claim is ineligible if the claimant entered Canada from the United States between ports of entry and made their claim 14 or more days after the day of their entry into Canada.\nTransitional Provision\nA101(1)(b.1) and (b.2) apply only to claims made on or after June 3rd, 2025.\nException: Unaccompanied Minors\nOn May 19, 2026, the Minister of Immigration, Refugees and Citizenship signed the TPP . This Temporary Public Policy allows delegated officers to grant an exemption from A101(1)(b.1) or (b.2) ineligibility for claimants under the age of 18 who do not have a parent nor adult legally responsible for them in Canada at the time of their claim Footnote 1 .\nParagraph A101(1)(c)\nA claim is ineligible to be referred to the RPD if the person previously made a claim that was found ineligible or made a claim that was determined by the IRB to have been withdrawn or abandoned .\nParagraph A101(1)(c.1)\nParagraph A101(1)(c.1) refers to a person who, before they made a refugee claim in Canada, made a refugee claim in a country with which Canada has an information-sharing agreement.\nA claim is not ineligible under paragraph A101(1)(c.1), unless the existence of a refugee claim in the other country has been confirmed through information sharing.\nA refugee claim in this instance means an in-country asylum claim, not an overseas refugee selection application, such as for a government-assisted refugee.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Grounds for ineligibility (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-eligibility-referral-claims.html" + }, + { + "id": "pdi-refugee-21-4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Eligibility for referral to the IRB — Personal declaration by the claimant of a claim in another c", + "marginal_note": "Personal declaration by the claimant of a claim in another country", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "A personal declaration by the claimant is insufficient to find their claim ineligible under paragraph A101(1)(c.1), even if they are supported by documentation. The allegation must be supported by information from the partner organization responsible for asylum in that country. Case-by-case requests should not be sent, as this is simply a manual process that replicates the automated process.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Personal declaration by the claimant of a claim in another country", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-eligibility-referral-claims.html" + }, + { + "id": "pdi-refugee-21-5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Eligibility for referral to the IRB — People who allege persecution in the concerned country", + "marginal_note": "People who allege persecution in the concerned country", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Section 315.3 and subsection 315.4(2) of the Immigration and Refugee Protection Regulations (IRPR) hold that biometric checks may not be done for people who allege persecution in the concerned country.\nGCMS automatically checks to ensure that queries are not sent to a country that is recorded as the country of persecution. While officers are encouraged to double check this, GCMS should prevent the query from going through if the application meets the intended threshold or is manually triggered by an officer.\nNote: Section R315.3 and subsection R315.4(2) are not intended to apply to people who do not have status in the country of alleged persecution and cannot return there. Therefore, when a person alleges persecution in one of the countries, but it is believed that they do not have status there (for example, there is no indicative documentation, or the person was only temporarily in the country), officials are asked not to record that country as a country of persecution until information sharing has been carried out.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: People who allege persecution in the concerned country", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-eligibility-referral-claims.html" + }, + { + "id": "pdi-refugee-21-6-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Eligibility for referral to the IRB — Citizens", + "marginal_note": "Citizens", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Information should not be shared with a country when the claimant is known to be a citizen of that country. However, if an officer is unaware of such citizenship, the burden is on the receiving country to realize the query concerns one of their citizens and to provide a response of no reportable trace (NRT).\nThere are no restrictions on sharing information concerning a citizen of 1 of the 4 countries with 1 of the other 3 countries. For example, officers may not share biometric information with the United States on a claimant who is an American citizen and claiming against the United States. Officers may share information with Australia, New Zealand and the United Kingdom.\nParagraph A101(1)(d)\nA claim by a person who has been recognized as a Convention refugee by a country other than Canada , and who can return to that country, is not eligible for referral to the RPD.\nThe phrase “return to that country” refers to whether or not that jurisdiction will readmit the person. If the country will not readmit the claimant, then paragraph A101(1)(d) does not apply.\nTo determine if paragraph A101(1)(d) applies, there is a 2-part test, and both parts must be met:\nHas the claimant been recognized as a Convention refugee by a country other than Canada?\nCan the claimant return to that country?\nParagraph 101(1)(d) does not apply to people who have become citizens of the country that recognized them as Convention refugees.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Citizens (part 1 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-eligibility-referral-claims.html" + }, + { + "id": "pdi-refugee-21-6-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Eligibility for referral to the IRB — Citizens", + "marginal_note": "Citizens", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The officer must be satisfied that the person in question has been recognized as a refugee under the 1951 United Nations Convention Relating to the Status of Refugees (Refugee Convention) or the 1967 Protocol Relating to the Status of Refugees. People may be in possession of an identity or travel document stating that they have been granted refugee protection in the issuing country. The person’s status may also be confirmed by the person’s own statements. Some countries grant protection from refoulement or deportation on grounds that are not related to the requirements of the Refugee Convention. An example of this is protection pursuant to Article 3 of the United Nations Convention against Torture, which is not the same as protection under the Refugee Convention.\nIf the country that granted protection has not signed either the Refugee Convention or the Protocol Relating to the Status of Refugees (PDF, 42.9 KB) , the claim may be determined to be eligible for referral to the RPD.\nIf a person who has been recognized as a Convention refugee states that the concerned country will not readmit them, the officer must confirm this with officials of that country.\nPeople who have a “Withholding of Removal” status in the U.S. are considered to have been recognized as Convention refugees for the purposes of paragraph 101(1)(d) . However, not all people with this status are readmitted to the U.S. once they have left. The officer must confirm with officials that the person will be readmitted.\nA person whose claim is determined to be ineligible under paragraph A101(1)(d) may be entitled to a risk assessment under subsection A115(1) .\nParagraph A101(1)(e)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Citizens (part 2 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-eligibility-referral-claims.html" + }, + { + "id": "pdi-refugee-21-6-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Eligibility for referral to the IRB — Citizens", + "marginal_note": "Citizens", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "A claim made by a person arriving directly or indirectly from a country designated by the regulations is ineligible to be referred to the RPD. The US is the only country that has been designated by the regulations as a safe third country, under section R159.3 pursuant to the Agreement between the Government of Canada and the Government of the United States of America for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries; commonly known as the Safe Third Country Agreement (STCA) or the Agreement .\nA claim by a person who arrives at a land border port of entry (POE) from the U.S. may not be eligible for referral to the IRB under paragraph A101(1)(e) .\nThere are exemptions and exceptions to the STCA that permit some claims to be referred to the RPD, even if the claimant came from the U.S. For more information on the STCA, see section R159.1 to section R159.7 and procedures on the STCA .\nParagraph A101(1)(f)\nUnder the terms of the Refugee Convention, a country does not need to provide protection if the claimant poses a danger to security, or if they have violated human or international rights or committed a serious non-political crime outside the country of refuge before their admission to that country as a refugee.\nWhile a claim by a person found inadmissible on grounds of participation in organized crime is ineligible, the provisions defining organized crime ensure that a claim by a person who has merely used the services of such organizations to come to Canada (for example, they have used the services of a people-smuggler) remains eligible to be referred to the RPD.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Citizens (part 3 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-eligibility-referral-claims.html" + }, + { + "id": "pdi-refugee-21-6-p4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Eligibility for referral to the IRB — Citizens", + "marginal_note": "Citizens", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "When a person appears to be inadmissible under section A34 , section A35 , paragraph A36(1)(b) or section A37 , the officer cannot determine eligibility until the person’s admissibility has been determined conclusively by the Immigration Division of the IRB.\nA refugee claim is ineligible if the claimant is inadmissible on grounds of serious criminality due to a conviction\nin Canada that is punishable by at least 10 years in prison (irrespective of the prison sentence they received, if any)\noutside Canada that would be punishable by at least 10 years in prison if committed in Canada (there is no need to seek a danger opinion)\nWhen a claimant appears to be inadmissible for serious criminality, the officer is to\nprepare a section A44 report\nrefer the case to the Immigration Division\nsuspend the consideration of eligibility, per subsection A100(2)\nIf and when the client is determined to be inadmissible, the officer determines the person’s claim to be ineligible.\nPeople whose refugee claims are ineligible under paragraph A101(1)(f) are normally entitled to a PRRA . See Processing pre-removal risk assessment (PRRA) applications: Intake for instructions regarding applicants described in subsection A112(3).\nSee also Processing in-Canada claims for refugee protection: Withdrawals and suspensions .\nParagraph A101(2)(a)\nRefugee claims of people who are inadmissible due to convictions in Canada are ineligible only if the offence is punishable by a maximum prison term of at least 10 years.\nParagraph A101(2)(b)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Citizens (part 4 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-eligibility-referral-claims.html" + }, + { + "id": "pdi-refugee-21-6-p5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Eligibility for referral to the IRB — Citizens", + "marginal_note": "Citizens", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Refugee claims of people who are inadmissible due to convictions outside Canada are ineligible only if the conviction is for an offence that, if committed in Canada, would constitute an offence, under an act of Parliament, punishable by a maximum prison term of 10 years or more.\nFootnotes\nFootnote 1\nProof of legal guardianship requires formal legal documentation, such as a certified court order\nReturn to footnote 1 referrer", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Citizens (part 5 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-eligibility-referral-claims.html" + }, + { + "id": "pdi-refugee-22-0-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "In-Canada refugee claims: Admissibility", + "marginal_note": "In-Canada refugee claims: Admissibility", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nAdmissibility criteria ensure that certain applicants do not have access to the refugee determination system, including\nthose with serious criminality\nterrorists\nhuman rights violators\nsecurity risks\nThe purpose of assessing admissibility is to screen claimants who are inadmissible to Canada for any of the reasons specified in the Immigration and Refugees Protection Act (IRPA) ( A34 to A42 ). This assessment is conducted as part of the immigration examination after the refugee claim is received by a delegated officer.\nAlthough officers should assess all claimants for any of the IRPA inadmissibility provisions, generally, refugee claimants will likely be inadmissible by virtue of the fact that they want to remain in Canada permanently, but do not have a permanent resident visa [ A41(a) and A20(1)(a) ].\nTo determine admissibility:\nConsider the general inadmissibility criteria (PDF, 621 KB) .\nCheck GCMS and CPIC.\nAt the interview, review the Client Application Summary PDF completed by the claimant (or forms if the claimant was exempt from the online process) and obtain any missing information.\nIf the client is inadmissible\nIf the officer is of the opinion that the claimant is inadmissible, a section A44(1) report should be prepared in accordance with ENF 5 (PDF, 1,500 KB) guidance and procedures. Accompanying family members must be assessed individually and must have a separate report written against them. All inadmissibilities should be considered, and multiple reports for the same individual may be prepared where multiple inadmissibilities exist.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: In-Canada refugee claims: Admissibility (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-canada-refugee-claims-admissibility.html" + }, + { + "id": "pdi-refugee-22-0-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "In-Canada refugee claims: Admissibility", + "marginal_note": "In-Canada refugee claims: Admissibility", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "At the time the report is being created, officers must ensure that the proper allegations are selected and the content of the narrative section of the A44(1) report is accurate before finalizing the document.\nReview of the 44 report by the Minister’s Delegate\nA44(1) requires that inadmissibility reports be transmitted to the Minister. Under the provisions of A6(2) , an officer or a manager may be delegated to act for the Minister.\nThe Minister’s Delegate role is to determine if the A44 report is well-founded. Upon receipt of an A44(1) report, the Minister’s Delegate may, if of the opinion that the report is well founded, refer the report to the Immigration Division for an admissibility hearing ( R229 ); or in specific circumstances, issue a removal order ( R228 ).\nRemoval orders are in most cases issued to the claimant at the interview. In all cases where the Minister’s Delegate has the authority to issue a removal order, an interview must be conducted, and in most cases, a removal order will be issued during the interview.\nR228(4) stipulates that the report must be referred to the Immigration Division (ID) of the IRB for an admissibility hearing if both\nan officer is of the opinion that an A44(1) report is well founded\nthe case involves a person who is either:\nunder 18 years of age and not accompanied by a parent or an adult legally responsible for them, or\nunable, in the opinion of the Minister, to appreciate the nature of the proceedings and is not accompanied by a parent or an adult legally responsible for them\nDuring the ID proceedings, a designated representative will be appointed pursuant to A167(2) to represent the claimant’s interests.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: In-Canada refugee claims: Admissibility (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-canada-refugee-claims-admissibility.html" + }, + { + "id": "pdi-refugee-22-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "In-Canada refugee claims: Admissibility — Learn more", + "marginal_note": "Learn more", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "ENF 5 Writing an A44(1) report (PDF, 1,500 KB)\nENF 6 Review of reports under subsection A44(2) (PDF, 688 KB)\nGuidelines for minor children and vulnerable persons\nDesignated representatives:  Unaccompanied minors and person unable to appreciate the nature of the proceedings (PDF, 688 KB)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Learn more", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-canada-refugee-claims-admissibility.html" + }, + { + "id": "pdi-refugee-23-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "In-Canada claims for refugee protection: Interviews", + "marginal_note": "In-Canada claims for refugee protection: Interviews", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nIRCC officers are to ask the claimant whether they would like to modify or add to any of the information in the Client Application Summary at the interview. This will ensure that the claimant was given the opportunity to address any errors or issues with the information they provided. Any changes are to be recorded in the Online Refugee Claim Amendment Form.\nDuring the interview, you:\nare under a duty to act impartially;\nshould not evaluate the credibility of the refugee claim;\nAssessment of the merits of a refugee claim, including credibility, is the responsibility of the Immigration and Refugee Board IRB;\nshould keep in mind that claimants may:\nhave travelled long distances and may be exhausted\nfear government officials\nsuffer from post-traumatic stress\nnot trust an interpreter\nhave a medical condition, or mental or psychological incapacity that has an impact on the interview\nhave young children who provide a distraction during the interview\nbe reluctant to discuss some things in front of a spouse or other family members.\nIf an admissibility hearing will be held, or in the case of detention, inform the claimant that they may retain and instruct counsel.\nGuidelines for interviews:\nKeep questions short and clear.\nWhen appropriate, interview spouses separately.\nAlternate between open and closed questions.\nGive encouragement to show that you are listening.\nClarify any discrepancies; (make sure to document any discrepancies that the applicant cannot explain).\nPay careful attention to details.\nBe positive in your approach\nBe mindful not to lead the applicant by suggestion or otherwise circumscribe the interview.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: In-Canada claims for refugee protection: Interviews", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-canada-claims-refugee-protection-interviews.html" + }, + { + "id": "pdi-refugee-24-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for protection: Safe Third Country Agreement (STCA)", + "marginal_note": "Processing in-Canada claims for protection: Safe Third Country Agreement (STCA)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nA refugee claim is not eligible for referral to the Refugee Protection Division if the claimant came directly or indirectly to Canada from a country designated in the regulations that is not the country of their nationality or their former habitual residence.\nCanada entered into an agreement with the United States (US) that came into effect on December 29, 2004, and is referred to as the Safe Third Country Agreement STCA.\nThe agreement allows for the return to the US of persons who arrive in Canada from the US (and vice versa), and who seek refugee protection, unless the person can satisfy an officer, on a balance of probabilities, that an exception to the agreement applies.\nNeither Canada nor the US is required to accept the return of a refugee claimant until a final eligibility decision has been made (article 3.1 of the agreement).\nRead the agreement: Final Text of the Safe Third Country Agreement", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Processing in-Canada claims for protection: Safe Third Country Agreement (STCA)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-protection-safe-third-country-agreement.html" + }, + { + "id": "pdi-refugee-24-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for protection: Safe Third Count — Application of the STCA", + "marginal_note": "Application of the STCA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Where the agreement applies\nAs per Immigration and Refugee Protection Regulations section ( R159.4 ) the Agreement applies to:\nland border ports of entry where the person arrives from the US (including arrivals by car, train, bus, foot, or other means not excluded by the agreement)\nlocations along the Canada-US land border (including the waters along or across the border) that are not ports of entry , when the person makes a refugee claim within 14 days of entering Canada Footnote 1\narrivals by train, where the passengers are either examined at the border, or inland when the location has been designated as a port of entry for the purpose of examining persons seeking to enter Canada\nairports, when the person has not had a refugee claim determined in the US, has been ordered removed from that country and, while in transit in Canada, makes a refugee claim to a Canadian officer\nWhere the agreement does not apply\nAs per section ( R159.4 ) the agreement does not apply to\na location that is not a designated port of entry, such as a point of entry to Canada between designated ports of entry, when the person does not make a refugee claim within 14 days of entering Canada\na port of entry that is a marine port, including a ferry landing\nairports (refer to the “Where the agreement applies” section above, for the exceptions)\nclaims made at inland offices unless it is believed that the claim was made within 14 days of the claimant entering Canada at a location that is not a port of entry", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Application of the STCA", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-protection-safe-third-country-agreement.html" + }, + { + "id": "pdi-refugee-24-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for protection: Safe Third Count — Exemptions from the STCA", + "marginal_note": "Exemptions from the STCA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "US citizens and habitual residents of the US who are not citizens of any country (article 2 of the agreement and sections R159.2 and R159.3 )\nUS citizens, regardless of where they reside, and stateless persons if the US is their country of former habitual residence, do not fall under the agreement; therefore, their refugee claim cannot be determined ineligible under Immigration and Refugee Protection Act, paragraph 101(1) (e) .\nA person is considered a former habitual resident of the US if they meet these two conditions:\nThe person is stateless.\nThe person has established de facto residence in the US.\nWhat does “stateless” mean?\nThe UN Refugee Agency (UNHCR) defines a “stateless person” as a person who is not considered a national by any state under the operation of its law. The actions of a government make a person stateless, not just a person making a declaration of statelessness. The Canadian courts support this view in that the condition of not having a country of nationality must be one that is beyond the power of the person to control. In other words, one cannot “choose” to be stateless.\nThe UNHCR definition of a “stateless person” is in section (Immigration and Refugee Protection Regulations (justice.gc.ca) R159.1.\nPrinciples for establishing statelessness and country of former habitual residence\nWhen assessing a claim of statelessness, it is important to ascertain that the statelessness is not just the person’s own claim, but has been imposed on the person as a result of the application of a state’s laws that are beyond the power of the person to control; otherwise, a person could claim statelessness merely by renouncing their former citizenship.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Exemptions from the STCA (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-protection-safe-third-country-agreement.html" + }, + { + "id": "pdi-refugee-24-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for protection: Safe Third Count — Exemptions from the STCA", + "marginal_note": "Exemptions from the STCA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The concept of “former habitual residence” is only relevant when the claimant is stateless, that is, the claimant does not have a country of nationality. The country of former habitual residence does not have to be the country where the claimant fears persecution. The term “former habitual residence” implies a situation where a stateless person took up residence in a given country without a requirement for a minimum period of residence. Furthermore, as supported by a number of Federal Court decisions, a country may be a country of former habitual residence even if the claimant is not legally able to return to that country.\nStateless persons whose country of former habitual residence is the US are exempted from the agreement; as such, claims for refugee protection made by these individuals cannot be determined ineligible under paragraph A101(1)(e) .\nIn order to assess whether the person is a former habitual resident of the US, officers should consider whether the claimant has established a significant period of de facto residence in the US . To assist in this assessment, officers may ask questions about the length of residence in the US and where appropriate, request documents attesting to residence in the US. The following are some examples of documents that may assist in establishing de facto residence in the US:\nimmigration status\na driver’s licence\na social security card\nbank cards and deposit books\nutility bills\nIt is necessary to distinguish between individuals who were residents and those who were merely in transit in the US.\nAirport arrivals (as referenced in articles 5(b)(i) and 5(b)(ii) of the agreement and section R159.4(2) of the regulations)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Exemptions from the STCA (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-protection-safe-third-country-agreement.html" + }, + { + "id": "pdi-refugee-24-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for protection: Safe Third Count — Exemptions from the STCA", + "marginal_note": "Exemptions from the STCA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Normally claimants who arrive at an airport are exempt from the agreement and are permitted to apply for refugee protection in Canada.\nHowever, article 5(b)(i) of the agreement states that any person being removed from the US and who is in transit in Canada, who makes a refugee claim in Canada and whose refugee claim has been rejected by the US, will not have access to Canada’s asylum system. In such a case, the person should be allowed to continue to travel to the country to which they are being removed.\nIf an individual is being removed from the US and is in transit in Canada but has never had a refugee claim determined in the US, article 5(b)(ii) of the agreement states that this individual should be returned to the US to have their refugee claim examined in that country.\nExceptions to the STCA\nIn most cases, on the same day that the refugee claim is made, a decision should be made on whether or not an STCA exception applies, or in the case of late arrivals, the next day.\nInformation on the threshold of proof required (balance of probabilities) for claimants to establish their eligibility for an STCA exception can be found below, in the section “Threshold of proof for determination of eligibility for an exception to the STCA .\nIf a claim is not eligible for referral to the Refugee Protection Division because the STCA applies (refer to paragraph A101(1)(e) ), and yet the claimant claims that they do fall under an exemption, an officer should list all contradictions in the interview notes. They should explain the lack of credibility in detail, if applicable, including the lack of credibility of any claimed anchor relative.\nThe exceptions are detailed below.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Exemptions from the STCA (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-protection-safe-third-country-agreement.html" + }, + { + "id": "pdi-refugee-24-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for protection: Safe Third Count — Exceptions to the STCA", + "marginal_note": "Exceptions to the STCA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Claimants who have family members in Canada (section ( R159.5(a) to (d) )\nUnder Article 4(2)(a) and 4(2)(b) of the Agreement, a family member of a claimant means one of the following:\nA spouse, son, daughter, parent, sibling, grandparent, grandchild, aunt, uncle, niece, or nephew. Under the STCA , in-laws are not considered family members; and\na legal guardian provided the claimant is under 18 years of age. A guardian is a person who has custody of the claimant or who is empowered to act on the claimant’s behalf by virtue of a court order or written Agreement, or by operation of law.\nA marriage that took place abroad must be valid both under the laws of the jurisdiction where it took place and under Canadian federal law. The onus is on the applicant to prove that their marriage is legal where it took place. Canada recognizes common-law and same-sex spouses as family members for purposes of the Agreement. The U.S.A. may not recognize common-law and same sex relationships for the purposes of the Agreement.\nand\nA claimant arriving from the U.S.A. qualifies for an exception and will not be returned to the U.S.A. if they have:\nA family member who is a Canadian citizen or a permanent resident under the Act and who is in Canada at the time the claim is made\nA family member in Canada who is a protected person within the meaning of subsection A95(2)\nA family member in Canada who is a person in favour of whom a removal order has been stayed in accordance with Section R233 (H&C considerations)\nA family member 18 years of age or older who is physically in Canada, has made a refugee claim that has been referred to the RPD, and\nthe claim has not been rejected or declared abandoned or withdrawn\nthe RPD proceedings have not been terminated under subsection A104 (2) , and", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Exceptions to the STCA (part 1 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-protection-safe-third-country-agreement.html" + }, + { + "id": "pdi-refugee-24-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for protection: Safe Third Count — Exceptions to the STCA", + "marginal_note": "Exceptions to the STCA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "with respect to a positive RPD decsion, the claim has not been nullified under 104(2)\nA family member who is 18 years of age or older and holds a valid work or study permit (other than the holder of a permit that does not confer status), and who is in Canada at the time the refugee claim is made.\nFor more information about marriages, common-law and same-sex spouses:\nProcessing members of the family class\nSpouse and common-law partner in Canada class .\nProof of family relationship\nWhen a claimant identifies a family member in Canada, the officer must be satisfied that the relationship is one that qualifies the claimant for an exception. The standard of proof is “balance of probabilities”. The claimant is responsible to provide information to establish the relationship and status of the family member.  However, in some cases written documentation, such as birth, marriage certificates etc. may not be available. In such cases, credible testimony may be sufficient provided the officer is satisfied with respect to the claimed relationship. If the testimony is not sufficient, attempt to confirm family relationships and that the relative has the necessary status in Canada. This may be done by:\ncontacting the claimed relative;\nreview of documents provided by the claimant\nFOSS checks\nreview of files held by other CBSA offices\nreview of IRB records\nchecking city directories, telephone books, internet sites, etc.\nstatutory declarations (may be useful but are not required).\nAny contradictions or inconsistencies that result in doubt about the claimed relationship should be documented in detail.\nPersons identified as a family member in Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Exceptions to the STCA (part 2 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-protection-safe-third-country-agreement.html" + }, + { + "id": "pdi-refugee-24-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for protection: Safe Third Count — Exceptions to the STCA", + "marginal_note": "Exceptions to the STCA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "There is no support expected from the anchor relative. It is sufficient for the claimant to establish that a relative exists and that the relative has the required status in Canada. The anchor relative has no say in whether or not the claimant is allowed to enter Canada.\nIf the anchor relative has a FOSS ID:\nput a general information (“12”) NCB in FOSS to indicate that this person was identified as an anchor relative.\nread NCB s to determine if the anchor relative has been identified by other claimants. Multiple use of the same anchor relative could merit investigation.\nUnaccompanied minors (article 4(2)(c) of the agreement) (section R159.5(e ) ])\nAn unaccompanied minor is eligible for an exception to the Agreement and should not be returned to the U.S.A. For the purposes of the STCA an unaccompanied minor is eligible to make a refugee claim in Canada under circumstances in which the minor child:\nis under 18 years of age and is not accompanied by a mother, father or legal guardian, has neither a spouse nor a common-law partner; and\ndoes not have a mother or father or a legal guardian in Canada or the U.S.A.\nObtain the names of both parents, check to see if either of the parents are in Canada and consider contacting American officials to determine if the parents are present in the U.S.A.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Exceptions to the STCA (part 3 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-protection-safe-third-country-agreement.html" + }, + { + "id": "pdi-refugee-24-3-p4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for protection: Safe Third Count — Exceptions to the STCA", + "marginal_note": "Exceptions to the STCA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Note: There may be situations in which parent(s) do not fall under an exception under the STCA but their children do, or, if the child is born in the U.S.A., the child is exempted from the application of the STCA . In these cases, counsel the parent(s) that, as custodian of the children, they may decide whether their children will pursue a claim in Canada, or whether the children will return to the U.S.A with the parent(s). If the parents decide to take their children and return to the U.S.A., refugee claims made by children in Canada, should be recorded in FOSS as “withdrawn” and “allowed to leave”, while refugee claims of their parents should be recorded as ineligible under the STCA . If the parent(s) decide that their children will pursue their refugee claim in Canada; refer refugee claims of children, if eligible, to the RPD, as well as to the ID .\nFor more information on refugee children refer to procedures for minor children .\nClaimants who hold valid Canadian visas or travel documents (articles 4(2)(d)(i) and 4(2)(d)(ii) of the agreement) (section R159.5(f)) )\nA claimant arriving from the U.S.A. will not be returned to the U.S.A. if they are the holder of any of the following valid documents, excluding any document issued solely for the purpose of transit through Canada:\na permanent resident visa or a temporary resident visa;\na temporary resident permit issued by the Canadian government;\na valid work permit;\na valid study permit;\ntravel documents issued to permanent residents by the Canadian government;\nrefugee travel papers issued by Immigration, Refugees and Citizenship Canada (IRCC)’s Passport Program.\nVisa exemptions (section R159.5(g)) )", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Exceptions to the STCA (part 4 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-protection-safe-third-country-agreement.html" + }, + { + "id": "pdi-refugee-24-3-p5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for protection: Safe Third Count — Exceptions to the STCA", + "marginal_note": "Exceptions to the STCA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "A person who does not require a visa to travel to Canada, but who required a visa to enter the U.S.A., meets an STCA exception. If a claimant does not require a visa to enter Canada or the U.S.A., the Agreement applies.\nFor more information:\nCountries whose citizens require a visa to travel to Canada\nCountries in the U.S.A. Visa Waiver Program ( USWVP )\nPublic interest (article 6 of the agreement)\nArticle 6 of the Agreement provides that either Canada or the U.S.A. may decide to adjudicate any claim where to do so would be in the public interest.\nSection R159.6 states that a claimant will not be returned to the U.S.A., if the claimant:\nHas, in the U.S.A. or another country, been charged with or convicted of an offence that is punishable by the death penalty.\nThe burden of proof is on the claimant to prove that they would be subject to the death penalty.\nSuch claimants are still subject to the normal ineligibility criteria, including A101(1)(f) .\nPersons returning to Canada after being denied admission to the US (section R159.5(h)\nA person who is immediately returned to Canada after having been denied entry by the US qualifies for an exception to the agreement. In this situation, entry to Canada is permitted as per section R39(a) , and the person is allowed to make a refugee claim that, as per section R159.01, would not be determined ineligible under paragraph A101(1)(c).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Exceptions to the STCA (part 5 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-protection-safe-third-country-agreement.html" + }, + { + "id": "pdi-refugee-24-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for protection: Safe Third Count — Procedures and resources", + "marginal_note": "Procedures and resources", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Balance of probabilities\nThe term “balance of probabilities” is the civil standard of proof used in administrative tribunals, unless otherwise specified. It means that the evidence presented must show that the facts as alleged are more probable than not. Accordingly, a party having the burden of proof by a balance of probabilities must be able to prove, by the evidence, that a claim or a fact is more probably true than not true and that the evidence presented must favour or outweigh opposing evidence.\nAs a standard of proof, “balance of probabilities” is higher than “reasonable grounds to believe” but lower than the “beyond a reasonable doubt” standard used in criminal proceedings.\nSample questions related to STCA exemptions and exceptions\nClaimants may not be aware of the existence of exceptions to the agreement. Officers need to ask probing questions to ensure that claimants have an opportunity to explore all options. The questions below are only examples. All areas of investigation must be explored.\nQuestions may include:\nAre you a permanent resident of Canada?\nAre you a citizen of the US?\nAre you a citizen of any other country?\nDo you have a family member in Canada? If yes, what is your relationship with them?\nWhat is that family member’s status in Canada?\nWhat is your age?\nDid you obtain a visa to enter Canada?\nWhat country did you travel from?\nDid you obtain a visa to enter the US?\nIn what country were you before arriving in the US?\nWere you ever charged with or convicted of a crime in the US or in any other country?\nQuestions for persons under 18 years of age who are not accompanied by a parent or legal guardian:\nWhere is your mother?\nWhere is your father?\nDo you have a legal guardian?", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Procedures and resources (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-protection-safe-third-country-agreement.html" + }, + { + "id": "pdi-refugee-24-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for protection: Safe Third Count — Procedures and resources", + "marginal_note": "Procedures and resources", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Officers must take detailed notes of their review of each possible exception to the agreement. This is especially important if the claimant claims to have a family member in Canada but is unable to provide proof. The notes will be instrumental in proving that the exception was properly investigated and the eligibility decision well-founded.\nGeneral procedures : Ineligible claims under the STCA\nWhen claimants are found ineligible under paragraph A101(1)(e) , it is necessary to\nhave a completed and signed application\nissue the ineligibility document\ninput data in the Support System for Intelligence (SSI)\nadvise US officials\nremove the person to the US\nReturn to the US of ineligible refugee claimant pursuant to paragraph A101(1)(e)\nForeign nationals whose refugee claims are ineligible as per paragraph A101(1)(e) should, when possible, be removed to the US on the same day (refer to paragraph A49(2)(a) ). These claimants are not entitled to apply for a pre-removal risk assessment. No passport or travel document is required. Under the agreement, both countries have 90 days to return ineligible claimants.\nRemoval procedures\nRemoval of STCA Additional Protocol cases from a port of entry (POE) may take place immediately following the interception near the POE (for example, on the same day) or within 90 days of the interception, including at CBSA inland offices. CBSA officers should refer to existing removal guidance (enforcement manual ENF10).\nSpecifically for STCA Additional Protocol cases, officers will be required to provide the following documentation to the Customs and Border Protection officials in the US:\na determination of (negative) eligibility decision\na copy of the removal order", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Procedures and resources (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-protection-safe-third-country-agreement.html" + }, + { + "id": "pdi-refugee-24-4-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for protection: Safe Third Count — Procedures and resources", + "marginal_note": "Procedures and resources", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "a statutory declaration attesting to evidence of determination under the Additional Protocol", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Procedures and resources (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-protection-safe-third-country-agreement.html" + }, + { + "id": "pdi-refugee-24-5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for protection: Safe Third Count — Footnotes", + "marginal_note": "Footnotes", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Footnote 1\nunless the claimant establishes that they meet one of the exceptions listed in section R159.5(a) to (h)\nReturn to footnote 1 referrer", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Footnotes", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-protection-safe-third-country-agreement.html" + }, + { + "id": "pdi-refugee-25-0-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada refugee claims: Special claimant types", + "marginal_note": "Processing in-Canada refugee claims: Special claimant types", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nSome refugee claimants are processed differently if they hold a particular status already, are from a particular country, or make a claim in a specific way: \ndesignated countries of origin\nEffective May 17, 2019, Canada eliminated the designated country of origin (DCO) list . DCOs are countries that do not normally produce refugees. Such countries are widely regarded as respectful of human rights and offer state protection. Claimants on the DCO list were previously subject to a 6-month bar on work permits, a bar on appeals at the Refugee Appeal Division, limited access to the Interim Federal Health Program and a 36-month bar on the Pre-Removal Risk Assessment. The removal of all countries from the DCO list is a Canadian policy change, not a reflection of a change in country conditions in any of the countries previously on the list.\nrefugee claimants with valid temporary resident status\nA person with valid temporary resident status may make a refugee claim and keep their visitor record, work permit or study permit. Work and study permits remain valid until they expire or until a removal order made against the permit holder comes into force.\nTemporary residents may, like other refugee claimants, be considered inadmissible for seeking to remain in Canada permanently while not in possession of a permanent resident visa, [ A41(a) plus A20(1)(a) ].\nholders of valid temporary resident permits", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Processing in-Canada refugee claims: Special claimant types (part 1 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-refugee-claims-special-claimant-types.html" + }, + { + "id": "pdi-refugee-25-0-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada refugee claims: Special claimant types", + "marginal_note": "Processing in-Canada refugee claims: Special claimant types", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Determine whether the claim is eligible for referral to the RPD. As long as the temporary resident permit (TRP) remains valid, it is not necessary to prepare an A44 report or a removal order. When the TRP expires, the A44 report and removal order should be written and given to the claimant.\nclaimants eligible for sponsorship by family members in Canada\nA claimant may have a family member in Canada who is eligible to sponsor them. You may notify claimants of the sponsorship option.\nInitiation of a sponsorship does not prevent a person from making or continuing with a refugee claim. A claim may be withdrawn if the claimant becomes a permanent resident as a result of the sponsorship.\nIf a claimant who is notified of a sponsorship option decides to proceed only with the sponsorship before front-end screening is concluded, follow withdrawal procedures of the refugee claim . Counsel the claimant about the consequences of withdrawal of the claim.\nforeign representatives\nForeign representatives include the following:\ndiplomatic agent (diplomat);\nconsular officer (career consular officer);\nmember of the administrative and technical staff, consular employee or member of the service staff of a foreign country;\ninternational civil servant [representative or official of the United Nations or any of its agencies; of an international or intergovernmental organization of which Canada is a member; or personnel of other offices accredited by Global Affairs Canada (GAC)];\nstate member delegate to the International Civil Aviation Organization (ICAO), such as a permanent representative, an alternate representative, a technical advisor or counsellor;", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Processing in-Canada refugee claims: Special claimant types (part 2 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-refugee-claims-special-claimant-types.html" + }, + { + "id": "pdi-refugee-25-0-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada refugee claims: Special claimant types", + "marginal_note": "Processing in-Canada refugee claims: Special claimant types", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "member of the administrative and technical staff or member of the service staff of the delegation of a country an international organization; and\nfamily members and private domestic workers of the above individuals.\nForeign representatives, including visa-exempt nationals, are issued a fee-exempt multiple-entry visa, coded D-1 or O-1 . Family members of foreign representatives normally have the same code on their counterfoil as the head of the family. Once the foreign representative has travelled to Canada and presented their passport to GAC’s protocol unit, they are issued a “Certificate of Accreditation” counterfoil by GAC that is affixed to their passport, which authorizes further travel to Canada for the period of its validity. The “Certificate of Accreditation” is not linked to GCMS.\nFor more information about who is, and who is not a foreign representative contact the Office of Protocol of Global Affairs Canada (GAC).\nWhen someone identifies themselves as a foreign representative and makes a refugee claim, the following steps should be followed:\nThe claimant’s foreign accreditation must be cancelled before the eligibility interview. The claimant may contact the GAC Office of Protocol directly or may provide written authorization to IRCC/CBSA to do so.\nIf not already done by GAC, seize both the:\ndiplomatic and/or personal passport(s) or other document with the counterfoil;\ndiplomatic ID card.\nThe identity card must be returned to GAC. It is not necessary to return the passport(s) but the accreditation counterfoil should be cancelled without prejudice.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Processing in-Canada refugee claims: Special claimant types (part 3 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-refugee-claims-special-claimant-types.html" + }, + { + "id": "pdi-refugee-25-0-p4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada refugee claims: Special claimant types", + "marginal_note": "Processing in-Canada refugee claims: Special claimant types", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Request that the claimant complete a statutory declaration (IMM 1392B). It should include the identity of the person, their position and which government or agency they served and the fact that they want to relinquish their diplomatic accreditation. The claimant may decide whether or not to include information about the claim in the declaration. Send the declaration to GAC. The latter will not share information given by IRCC or the CBSA with the country in which the claimant has nationality.\nGive the claimant certified true copies of all seized documents.\nIf the claimant says that a document has been lost or stolen ask them to get a police report and send a copy to IRCC.\nLeave a note in the refugee claim application indicating that the foreign accreditation was cancelled by GAC, and upload the confirmation from GAC in incoming correspondence.\nSee more guidance on handling high-profile, complex, sensitive or contentious cases.\nClaims made during the course of other immigration proceedings\nThe proceedings should be adjourned and the claimant should be referred to an officer delegated to process refugee claims. In addition, do the following:\nIf appropriate, advise the claimant that the immigration matter that was being considered is adjourned pending the outcome of the refugee eligibility examination.\nContact the responsible IRCC or CBSA inland office that accepts claims for refugee protection.\nGive the claimant the relevant application information (instructions to apply online or on paper) and tell the claimant that they must appear at the designated inland office for a refugee eligibility examination when advised.\nTell the claimant that enforcement action may result if they do not report for their refugee eligibility examination.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Processing in-Canada refugee claims: Special claimant types (part 4 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-refugee-claims-special-claimant-types.html" + }, + { + "id": "pdi-refugee-25-0-p5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada refugee claims: Special claimant types", + "marginal_note": "Processing in-Canada refugee claims: Special claimant types", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Put a note in GCMS explaining what was done.\nclaims made during an admissibility hearing\nIf a person makes a refugee claim during an admissibility hearing (before a removal order is issued), the member will continue with the hearing including issuance of the removal order, if appropriate. A removal order issued to a refugee claimant is conditional [ A49(2) ]. Following the hearing refer the claimant to an officer designated to receive refugee claims.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Processing in-Canada refugee claims: Special claimant types (part 5 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-refugee-claims-special-claimant-types.html" + }, + { + "id": "pdi-refugee-26-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection of minors and vulnerable pers", + "marginal_note": "Processing in-Canada claims for refugee protection of minors and vulnerable persons", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nA vulnerable person is a person who has significant difficulties coping with the refugee eligibility examination, due to a specific condition or circumstance.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Processing in-Canada claims for refugee protection of minors and vulnerable persons", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-minors-vulnerable-persons.html" + }, + { + "id": "pdi-refugee-26-1-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection of minors — Procedures for vulnerable persons", + "marginal_note": "Procedures for vulnerable persons", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "How to identify a vulnerable person\nThe following are some examples of persons who may be identified as vulnerable:\nelderly\nindividuals with physical disabilities or injuries\nindividuals with cognitive or intellectual disability\npregnant women\nunaccompanied minor children\nThe following are examples of persons who may display less obvious symptoms of a vulnerability, which may not become apparent until the eligibility examination:\nvictims of gender-based violence may become distressed during the eligibility examination. They may also show signs of distress at the prospect of being interviewed by an officer of the opposite sex;\nvictims of trauma may have difficulty coping with the interview because it is conducted by a person in uniform or because they are confined in a closed room with the interviewer;\nchildren, including those who are victims of abuse, may fear persons in authority and may be intimidated by the questions that are being asked by officials.\nNote: Individuals react to violence and trauma in various ways, and not all victims of violence and/or trauma exhibit identical or even similar symptoms. While some individuals may show signs of distress, including anxiety, irritability, nervousness, agitation, anger and aggressiveness, others may be easily intimidated and have difficulty communicating.\nThe refugee eligibility examination\nDuring the eligibility examination, provide, whenever possible, special accommodation such as:\nconducting the interview as soon as possible or based on the vulnerable claimant’s request (to reduce stress)\nensuring a vulnerable person’s physical comfort (provision of food, drink, place to rest etc.) to the extent possible and allowing for frequent breaks, if necessary\nbeing sensitive to cultural and gender issues", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Procedures for vulnerable persons (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-minors-vulnerable-persons.html" + }, + { + "id": "pdi-refugee-26-1-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection of minors — Procedures for vulnerable persons", + "marginal_note": "Procedures for vulnerable persons", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "giving consideration as to whether a claimant may have difficulty discussing their claim in front of spouse or children (if so it may be warranted to interview family members separately)\nallowing victims of sexual violence the option of choosing the gender of the interviewing officer (when possible)\nLike all claimants, vulnerable persons may have a support person present at the interview.\nFingerprinting and photographs\nSee full procedures on Fingerprints and photographs ( PDF , 1  MB ) .\nDetention of vulnerable persons\nAlways consider alternatives to detention in the case of vulnerable persons. In the event that an officer does resort to detention in non-danger or non-security cases, detention should be for a short period of time only and primarily to support removal.\nLearn about alternatives to detention ( PDF , 845  KB ) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Procedures for vulnerable persons (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-minors-vulnerable-persons.html" + }, + { + "id": "pdi-refugee-26-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection of minors — Guidelines for minor children and vulnerable adults", + "marginal_note": "Guidelines for minor children and vulnerable adults", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Capacity to make a claim\nThere is no minimum age for refugee claimants in Canada. As is the case for adults, children do not have to use the word ‘refugee’, or know the wording of A96 or A97 to make a refugee claim.\nDefinitions of child\nThe United Nations Convention on the Rights of the Child (CRC) defines a child as “every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier.” In many federal government contexts, a child is a person under the age of eighteen. In Canada, individual  provinces have their own definitions of child .\nChildren between the ages of 16 and 18\nSeveral provinces do not consider children between the ages of 16 and 17 to be within the jurisdiction of child protection agencies. This does not change the fact that they are considered to be children in the federal context and according to the Convention on the Rights of the Child. For unaccompanied children who fall into this category, refer to local procedures.\nLegislation on minor children\nThe IRPA does not set out specific procedures or criteria for dealing with refugee claims from children. However, Paragraph 3(3)(f) requires that the IRPA be interpreted and applied in compliance with international human rights instruments, including the Convention on the Rights of the Child.\nThe Convention on the Rights of the Child recognizes the obligation of a government to take measures to ensure that a child seeking refugee protection receives appropriate protection. Canada has signed and ratified this Convention.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Guidelines for minor children and vulnerable adults (part 1 of 10)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-minors-vulnerable-persons.html" + }, + { + "id": "pdi-refugee-26-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection of minors — Guidelines for minor children and vulnerable adults", + "marginal_note": "Guidelines for minor children and vulnerable adults", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Article 3(1) of the Convention on the Rights of the Child, notes that the “best interest of the child” should be a primary consideration in all actions concerning children. This principle has been recognized by the international community as a fundamental human right of a child.\nThese guidelines take into account the 1999 Supreme Court of Canada (SCC) decision on Baker v. Canada, [1999], which noted that the principles that are reflected in international human rights law may serve as an aid in interpreting domestic law.\nIn Legault v. Canada (Minister of Citizenship and Immigration), the Federal Court of Appeal noted that the interests of children must be examined with care and weighed with other factors. The “best interests” principle is but one of many factors to be considered when making a decision. There is no presumption that the “best interest of the child” must prevail over other important considerations.\nWhat officers should know about claimants who are minor children\nIn addition to a determination of the admissibility and eligibility, officers must determine if a child claimant should be referred to provincial child welfare authorities.\nThe needs of children differ from those of adults and this must be reflected in the approach to the examination. Children may manifest fears differently than adults: they may not be able to articulate their fears in the same way, and they may not present their claims for refugee protection as adults would. Also, children may have been trafficked, smuggled or abducted.\nFor more information on such situations, refer to the following procedures:\nRecovering missing, abducted and exploited children ( PDF , 285  KB )\nVictims of human trafficking", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Guidelines for minor children and vulnerable adults (part 2 of 10)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-minors-vulnerable-persons.html" + }, + { + "id": "pdi-refugee-26-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection of minors — Guidelines for minor children and vulnerable adults", + "marginal_note": "Guidelines for minor children and vulnerable adults", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Note: With respect to cases involving foreign nationals, the ENF manual primarily deals with visitors to Canada. Refugee claimants are seeking to remain in Canada permanently and as a result there are critical distinctions to be made.\nConsiderations:\nbe mindful of children’s special requirements;\ndetermine the accuracy of claimed adult-child relationship(s);\nevaluate each case on its own merits, taking into consideration the above factors;\nin accordance with Article 12 of the CRC , children should be given an opportunity to express their views and wishes.\nDetermining whether a child is at risk\nSee the terms and definitions section for definitions of unaccompanied minor and separated child .\nWhen a child is unaccompanied, or is accompanied or being met by persons without legal custody or guardianship, the child is considered to be at risk. However, children accompanied by one parent may be at risk as well.\nRefugee claimants are seeking to remain in Canada permanently. As such, unless a child is with both parents, a sole custodial parent or his or her legal guardian, the case should be referred to the Our Missing Children program ( PDF , 279.75 KB ) .\nCheck the following websites before an examination of children who may be at risk:\nNational Centre for Missing and Exploited Children\nRCMP Missing Children Database\nThe following provides information to help you determine if a child may be at risk or unaccompanied.\nIndicator\nDetails\nIndicators that a child may be at risk\naccompanying adults’ display of unwarranted hostility to being questioned\nresponding to questions with what appear to be prepared answers;\nundue hesitation when answering questions\nattempts by the adult to answer for or block questioning of the child\nsuspicious identity or proof–of-relationship documentation", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Guidelines for minor children and vulnerable adults (part 3 of 10)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-minors-vulnerable-persons.html" + }, + { + "id": "pdi-refugee-26-2-p4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection of minors — Guidelines for minor children and vulnerable adults", + "marginal_note": "Guidelines for minor children and vulnerable adults", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "overreaction by adults to the child’s answers\nsigns of physical abuse such as bruising, poor hygiene or malnourishment\nnervousness or fear on the part of the child\nvague reasons for the absence of one or both parents\nchild does not respond to questions or often replies “I don’t know”\nIndicators that the child may be unaccompanied\nthe child is alone\nthe presence of adults does not necessarily mean that the child is accompanied, as the adult who is present may not be a parent or legal guardian - the adult must be able to demonstrate that they are a parent or legal guardian of the minor child\nsuspicious identity and/or proof of relationship documentation\nPresence or absence of parents, other adults\nUnless the officer is satisfied that the child is accompanied by persons with rightful custody or guardianship they should:\nContact the local/provincial child protection authorities, who will assess the situation and may take custody of the child;\nand refer the case to the Our Missing Children program ( PDF , 285  KB ) .\nChild protection authorities should be contacted in any case in which there are signs of abuse or neglect.\nRecommended procedures:\nIf the child is accompanied by: both parents; the sole custodial parent; or his/her legal guardian(s):\nTreat the child as a dependant\nProceed as per normal procedures.\nIf the child is accompanied by one parent:\nDetermine whether the parent has sole custody and/or the child’s birth certificate indicates that father is “unknown”.\nIf neither is the case, officers should contact the  Our Missing Children program  ( PDF , 285  KB ) .\nIf the child is accompanied by adults other than parents/legal guardians (Includes any adults whether they are related to the child or not):", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Guidelines for minor children and vulnerable adults (part 4 of 10)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-minors-vulnerable-persons.html" + }, + { + "id": "pdi-refugee-26-2-p5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection of minors — Guidelines for minor children and vulnerable adults", + "marginal_note": "Guidelines for minor children and vulnerable adults", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Determine the relationship between the adult and the child and request documentation authorizing the adult to care for the child.\nIf there is doubt about whether it is appropriate for the child to remain with the adult, contact the local child protection agency.\nIf appropriate, refer the case to the  Our Missing Children program ( PDF , 285  KB ) .\nIf no adult present :\nAll children (under age 18) who are without a caregiver should be considered unaccompanied minors and must be referred to the appropriate child protection agency without delay.\nA child is being met by an adult in Canada (The adult may be a parent, legal guardian, or any other): \nOfficers should establish whether the person meeting the child is a parent or legal guardian, or has written consent from the parents/legal guardian to pick up the child. The officer should question the adult about arrangements or plans.\nIf the adult is not a parent or legal guardian, or does not have what the officer considers to be genuine consent from the parents to pick up the child: the officer must contact Our Missing Children, and refer the child to the local child protection agency.\nIf the adult is a parent or legal guardian, or has parental consent to pick up the child: prior to releasing the child to his/her custody, the officer must document the identity of the adult and his/her relationship to the child.\nChild soldiers\nIf it appears that the claimant may be or has been a child soldier, officers are required to send the name, Client ID, date of birth and any other information deemed to be relevant to the National War Crimes Unit ( PDF , 747  KB ) .\nFingerprinting and photographing minor children", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Guidelines for minor children and vulnerable adults (part 5 of 10)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-minors-vulnerable-persons.html" + }, + { + "id": "pdi-refugee-26-2-p6", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection of minors — Guidelines for minor children and vulnerable adults", + "marginal_note": "Guidelines for minor children and vulnerable adults", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "See procedures on fingerprints and photographs or full procedures in Enforcement ( PDF , 285  KB ) .\nEligibility examination\nGenerally, children should not be separated from their parents or legal guardian during the eligibility examination, unless the officer determines that it is necessary. If it is necessary, the case notes should explain the reasons for the decision.\nIn the case of an unaccompanied child there must be a process of gathering information in order to determine eligibility. Ideally there should be an adult to support or represent the child during the interview. In the absence of parents or a legal guardian, a child welfare worker and/or authorized representative (lawyer, consultant) may attend the interview. Other considerations for interviewing a child include:\nchildren who have been victims of sexual violence, abuse or prostitution, may feel more comfortable in the presence of interviewers and interpreters of the same gender.\nuse an icebreaker to make the child feel at ease.\nuse plain language when speaking to a child and adopt a relaxed, non-threatening posture and tone of voice.\nexplain the purpose of the interview and the role of the interpreter in simple terms.\nbe conscious of cultural and gender issues that may affect communication, including both verbal and non-verbal signals.\nthe attention span of children is shorter than that of adults and allowance should be made for breaks, if necessary. Some signs that a child may need a break include, but are not limited to, restlessness, hyperactivity, lack of concentration, crying, pouting, excessive laughter, acute distress, drawn out silences and a number of “I don’t know/I don’t remember” responses.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Guidelines for minor children and vulnerable adults (part 6 of 10)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-minors-vulnerable-persons.html" + }, + { + "id": "pdi-refugee-26-2-p7", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection of minors — Guidelines for minor children and vulnerable adults", + "marginal_note": "Guidelines for minor children and vulnerable adults", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "use age-appropriate vocabulary and encourage children to indicate if they do not understand a question.\ninitial questions should concern collecting personal information such as, confirming the child’s name, age and previous place of residence.\nuse open-ended questions to avoid yes-no answers and to encourage the child to provide narrative answers. (For example: “Tell me about your family,” “tell me how you got to Canada,” or “tell me how you came to be separated from your parents…“)\nensure that the child understands what has been said by using comprehension-checking techniques. For example, ask the child to repeat in their own words what has been explained to them.\nMinor Children and the Safe Third Country Agreement (STCA)\nThere may be situations where children are eligible for an exception, or, if they are born in the U.S.A., exempted from the application of the STCA , but the parent(s) may not fit an exception under the STCA.\nRefugee Protection Identity Document (RPID)\nThe RPID is issued to those whose claim is eligible for referral to the Immigration and Refugee Board, or ineligible for IRB referral but eligible to apply for a pre-removal risk assessment (PRRA). Minors do not sign this document. A parent or legal guardian must print their name, indicate their relationship to the applicant, and sign in the “Signature of the person concerned or guardian” section. However, unaccompanied minors need to sign the RPID.\nA thumbprint could be applied manually using ink if the applicant is unable to sign, whether due to a physical disability or cognitive impairment (and could include situations where the applicant’s A44 report is being referred to the Immigration Division).\nReferring unaccompanied minors and vulnerable adults to the Immigration Division", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Guidelines for minor children and vulnerable adults (part 7 of 10)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-minors-vulnerable-persons.html" + }, + { + "id": "pdi-refugee-26-2-p8", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection of minors — Guidelines for minor children and vulnerable adults", + "marginal_note": "Guidelines for minor children and vulnerable adults", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Subsection 228(4) of the Immigration and Refugee Protection Regulations (IRPR) stipulates that, if an officer believes that a subsection A44(1) report is well founded, it must be referred to the Immigration Division of the Immigration and Refugee Board (IRB) if the foreign national is either of the following:\nunder 18 years of age\nan adult who, in the opinion of the Minister, is unable to appreciate the nature of the proceedings\nThis foreign national must also not be accompanied by a parent or adult who is legally responsible for them.\nIn these cases, the IRB designates a representative to act on behalf of the claimant.\nDetention of minor children\nA60 stipulates that a minor child should not be detained except as a last resort, taking into account other applicable criteria including the best interests of the child. Every alternative should be explored. A minor child should not be detained in adult correctional facilities.\nFor more information, see Enforcement procedures on detention of minor children ( PDF , 845  KB ) .\nEnter information into the database (FOSS/NCMS/GCMS)\nChildren accompanied by both parents should be entered as dependents, as well as those who:\nAre accompanied by one parent, and the officer is satisfied that they have sole custody of the child; and\nAre travelling with their mother, and the child’s birth certificate lists the father as “unknown”.\nUnaccompanied minors should be entered as principal applicants, as well as children who:\nAre accompanied by one parent, and the officer is not satisfied that the parent has sole custody of the child; and\nAre accompanied by an adult other than their parents or legal guardian.\nCSIS security screening of minors", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Guidelines for minor children and vulnerable adults (part 8 of 10)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-minors-vulnerable-persons.html" + }, + { + "id": "pdi-refugee-26-2-p9", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection of minors — Guidelines for minor children and vulnerable adults", + "marginal_note": "Guidelines for minor children and vulnerable adults", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "When warranted, an officer may refer a person younger than 18 years of age to CSIS for security screening.\nNotifying child welfare authorities: formal reporting requirements\nIn all cases in which officers suspect that there may be a risk to the welfare of a minor child, whether the child is unaccompanied or not, provincial child protection authorities should be contacted. Provincial authorities have jurisdiction with respect to child welfare issues and they will investigate and take any action with respect to child protection issues.\nIf a local child protection agency refuses to become involved, officers should request that the refusal be put in writing and sent to them. Each office should maintain a record of contact and outcome with the local child welfare authorities.\nPrivacy and referrals to child welfare authorities\nSubject to any other Act of Parliament, Paragraph 8(2)(a) of the Privacy Act states that personal information under the control of a government institution may be disclosed, on a case-by-case basis, to a third party for a use consistent for which it was collected, as long as there is a reasonable and direct connection to the original purpose for which the information was obtained. It is reasonable to expect that the authorities in a country of refuge would share information for the purpose of ensuring the safety of a child and providing assistance by referral to the appropriate agencies, such as child welfare authorities.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Guidelines for minor children and vulnerable adults (part 9 of 10)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-minors-vulnerable-persons.html" + }, + { + "id": "pdi-refugee-26-2-p10", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection of minors — Guidelines for minor children and vulnerable adults", + "marginal_note": "Guidelines for minor children and vulnerable adults", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Only the minimum amount of information required should be disclosed in order to achieve the purpose, which in this context is the protection of a child. When an officer concludes that a child may be in need of protection, personal information regarding the child may be disclosed to the responsible child protection agency under Paragraph 8(2)(a) of the Privacy Act.\nReception: Regional agreements and informal arrangements\nSome IRCC/ CBSA regions/offices have negotiated arrangements or procedures that cover the responsibilities of IRCC/ CBSA , as well as child protection authorities and/or other agencies with respect to the reception and care of separated (unaccompanied) children. Local arrangements and procedures should be on file at Regional Headquarters.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Guidelines for minor children and vulnerable adults (part 10 of 10)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-minors-vulnerable-persons.html" + }, + { + "id": "pdi-refugee-27-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection: Withdrawals and suspensions", + "marginal_note": "Processing in-Canada claims for refugee protection: Withdrawals and suspensions", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Processing in-Canada claims for refugee protection: Withdrawals and suspensions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-withdrawals-suspensions.html" + }, + { + "id": "pdi-refugee-27-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection: Withdraw — On this page", + "marginal_note": "On this page", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Withdrawal of a refugee claim\nSuspension of a claim\nExtradition\nProcedures: Redetermination of eligibility\nProcedures for redetermination\nOpportunity to respond", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-withdrawals-suspensions.html" + }, + { + "id": "pdi-refugee-27-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection: Withdraw — Withdrawal of a refugee claim", + "marginal_note": "Withdrawal of a refugee claim", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "At any point prior to the referral of a claim to the Refugee Protection Division (RPD), or a determination that the claim is not eligible for referral, the client may indicate that they no longer wish to pursue the claim. Such a discontinuation is not considered a withdrawal for the purposes of paragraph 101(1)(c)  of the Immigration and Refugee Protection Act (IRPA). This means that if the person concerned makes a refugee claim at a later date, it cannot be determined ineligible under  paragraph A101(1)(c) .\nClients must complete all required documentation as requested by the processing office and complete and sign the Withdrawal of a Claim for Refugee Protection Prior to Referral to the Refugee Protection Division form IMM 5317B.\nClaims already referred to the RPD must be withdrawn by the client at the RPD. This withdrawal means that if the person concerned makes a refugee claim at a later date, it can be determined ineligible under  paragraph A101(1)(c) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Withdrawal of a refugee claim", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-withdrawals-suspensions.html" + }, + { + "id": "pdi-refugee-27-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection: Withdraw — Suspension of a claim", + "marginal_note": "Suspension of a claim", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Suspension is necessary when either\nan A44 report is referred to the Immigration Division for an admissibility hearing, and the inadmissibility would render the refugee claim ineligible, or\nthe officer must await the outcome of a criminal trial that would render the claimant inadmissible (PDF, 620 KB)\nSuspension may occur before the eligibility determination [ A100(2) ] or after referral [ A103(1) ] to the RPD.\nProcedures for suspension of eligibility consideration before the claim is referred to the Refugee Protection Division\nIf it is determined that suspension is necessary, an officer shall do the following:\nupdate the claim status in the Global Case Management System (GCMS) to “On hold”\ncomplete an Acknowledging Suspension of Processing under A100(2) document and upload into GCMS\nenter a note in GCMS regarding the suspension and stating that the claimant is not eligible for a work or study permit\nupload the notice via the document upload function in the Canadian Refugee Protection Portal (CRPP) to notify the claimant (if not using the CRPP, notify the client by email or mail)\nThere is no need to notify the Refugee Protection Division of the decision to suspend eligibility consideration because at this stage, the Refugee Protection Division is not aware that the refugee claim exists.\nResumption of the eligibility consideration process (for cases that were suspended before the claim was referred to the Refugee Protection Division)\nOnce the Immigration Division has made an admissibility determination, or the court has reached its verdict (and no appeal is pending), the officer will resume consideration of eligibility.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Suspension of a claim (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-withdrawals-suspensions.html" + }, + { + "id": "pdi-refugee-27-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection: Withdraw — Suspension of a claim", + "marginal_note": "Suspension of a claim", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "It may be necessary to request that the claimant appear by sending them the Suspension [Resumption of Processing – A100(2)] letter in order to complete the eligibility and examination process. An officer should review the file and case history to determine if the following information needs to be reviewed or updated:\nCanadian Police Information Centre (CPIC) check\nsecurity screening\nbiometrics reviewed for possible “Criminal Notification” line\nNote: See GCMS instructions for further details.\nProcedures for suspension of the claim after it has been referred to the Refugee Protection Division\nSubsection A103(1)  provides for suspension of a refugee claim  after  it has been referred to the Refugee Protection Division (RPD). Suspension is invoked on the same grounds as suspension of eligibility under subsection A100(2) . The key difference is that the officer must notify the RPD of the situation so that they may suspend their consideration of the claim.\nIf it is determined, after the claim has been referred to the RPD, that suspension is necessary, an officer must do the following:\ncomplete BSF 528 (Notification to the Refugee Protection Division and the Person Concerned by an Immigration Officer Pursuant to subsection 103(1) of the  Immigration and Refugee Protection Act  of the Suspension of Consideration of Claim Pursuant to subsection 103(2)  of the  Immigration and Refugee Protection Act )\nprovide the RPD and claimant with a copy of BSF 528, upload a copy into GCMS, and place a copy on file\nupdate the claim status in the system and add a note in GCMS detailing the reason for suspension\nNote: See GCMS instructions for further details.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Suspension of a claim (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-withdrawals-suspensions.html" + }, + { + "id": "pdi-refugee-27-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection: Withdraw — Suspension of a claim", + "marginal_note": "Suspension of a claim", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Resumption of Refugee Protection Division (RPD) proceedings (for cases that were suspended after the claim was referred to the RPD)\nUpon confirming the outcome of the admissibility hearing or trial, the officer must decide whether redetermination of eligibility is warranted, and notify the RPD of the decision, so that the RPD may either resume or terminate its proceedings. The officer should do the following in GCMS:\nupdate the claim status\nenter a new eligibility decision (if applicable)\nupdate the system with appropriate notes\nNote: See GCMS instructions for further details.\nNotify the claimant in writing of the decision using the Suspension [Resumption of proceedings further to subsection 103(2) of the IRPA] letter, upload a copy of the letter to GCMS and add a copy to the physical file.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Suspension of a claim (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-withdrawals-suspensions.html" + }, + { + "id": "pdi-refugee-27-4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection: Withdraw — Extradition", + "marginal_note": "Extradition", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "For all cases involving extradition, the regional justice liaison officer of IRCC or CBSA must be contacted.\nSuspension if proceeding under the  Extradition Act\nIn the case of a claimant facing extradition for an offence that is equivalent to an offence under Canadian law that is punishable under an Act of Parliament by a maximum term of imprisonment of at least 10 years, subsection A105(1) requires that the RPD suspend proceedings until a final decision under the  Extradition Act  has been made.\nContinuation if discharged under the  Extradition Act\nAccording to  subsection A105(2) , if the claimant is not extradited, the hearing of the refugee claim may continue.\nRejection if under the  Extradition Act\nUnder  subsection A105(3) , if the person is ordered extradited and the offence is punishable under an Act of Parliament by a maximum prison term of at least 10 years, the order of extradition is deemed to be a rejection of the refugee claim.\nFinal decision\nAs per  subsection A105(4) , the rejection of a claim referred to in subsection A105(3) may not be appealed, and it is not subject to judicial review except to the extent that a judicial review of the order of surrender is provided for under the  Extradition Act.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Extradition", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-withdrawals-suspensions.html" + }, + { + "id": "pdi-refugee-27-5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection: Withdraw — Procedures: Redetermination of eligibility", + "marginal_note": "Procedures: Redetermination of eligibility", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "With respect to a refugee claim that was determined to be eligible, an officer may come across information that leads them to conclude that the claim\nshould not have been determined eligible, or\nis no longer eligible\nIn such cases, a redetermination of eligibility should be done, further to section A104 . The following table explains the consequences of a redetermination:\nIf…\nThen…\nClaim is before the Refugee Protection Division (RPD) and either:\nis ineligible for any of the grounds in subsection A101(1)\nwas referred to the RPD as a result of misrepresentation or withholding material facts relevant to the claim and claim was not otherwise eligible for referral\nRPD will stop hearing the claim\nClaim is before the RPD or the Refugee Appeal Division (RAD) and either:\nclaimant previously made a refugee claim\nclaim is ineligible under subsection A101(c.1)\nRPD or RAD will stop hearing the claim\nRPD or RAD decision has already been made on the claim and the claimant had previously made a refugee claim\nThe RPD or RAD decision on the first claim is considered valid. Other decisions are nullified", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Procedures: Redetermination of eligibility", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-withdrawals-suspensions.html" + }, + { + "id": "pdi-refugee-27-6", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection: Withdraw — Procedures for redetermination", + "marginal_note": "Procedures for redetermination", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "When ineligibility is very clear, it may not be necessary to provide the claimant with a further opportunity to respond to evidence about which they were aware. Therefore the eligibility decision may be redetermined and the client notified of the decision.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Procedures for redetermination", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-withdrawals-suspensions.html" + }, + { + "id": "pdi-refugee-27-7", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection: Withdraw — Opportunity to respond", + "marginal_note": "Opportunity to respond", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "When there is evidence of misrepresentation or ineligibility that was not considered at the time of the initial eligibility determination, but the evidence is not conclusive, the claimant should be interviewed and given an opportunity to respond to the evidence.\nWhen redetermining eligibility, do the following:\nSend a letter to the claimant with relevant evidence advising that the eligibility decision may be or has been redetermined, and if applicable, advise of a date to report for an interview\nHold the interview, if applicable\nMake a decision based on evidence and submissions\nEnter the redetermination decision, date and reason in GCMS\nComplete, copy and distribute to the claimant, the file, and the Refugee Protection Division the BSF 529 form (Notification of Ineligible Refugee Claim Pursuant to 104(1) and 104(2) of the Immigration and Refugee Protection Act )", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Opportunity to respond", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-withdrawals-suspensions.html" + }, + { + "id": "pdi-refugee-28-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection: Post-interview processing an", + "marginal_note": "Processing in-Canada claims for refugee protection: Post-interview processing and final decision", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Processing in-Canada claims for refugee protection: Post-interview processing and final decision", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-post-interview-final-decision.html" + }, + { + "id": "pdi-refugee-28-1-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection: Post-int — Eligible claims", + "marginal_note": "Eligible claims", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Determine the hearing date\nDue in part to recent changes in Immigration Refugee Board (IRB) Refugee Protection Division (RPD) scheduling practices, interim measures have been put in place. Immigration, Refugees and Citizenship Canada and Canada Border Services Agency staff who process refugee claims are required to issue a new Confirmation of Referral document, which does not contain a hearing date, upon referral to the RPD, and to cease issuing a Notice to Appear for a Hearing (NTA), effective August 29, 2018. In these cases, the claimant will receive the NTA directly from the IRB.\nLike the NTA, the Confirmation of Referral contains important information for claimants, including the deadline for submission of the Basis of Claim form and the basis of claim abandonment special hearing date (for port of entry claimants), and other important information regarding IRB processing of refugee claims.\nView the interim measures: Issuing a Confirmation of Referral to refugee claimants in lieu of a Notice to Appear at time the claim is referred to RPD\nUpdate systems\nEnter the following into the Global Case Management System (GCMS) screens:\nBasis of Claim abandonment date Footnote 1 (only for claims at a port of entry)\nRPD hearing location that is close to the claimant’s city of destination or residency\nOnce all of the required information has been entered into the system, the Confirmation of Referral will contain the hearing location. In port of entry cases, the Confirmation of Referral will also contain the following:\na notification that claimant has 15 days to submit the Basis of Claim form to the RPD, and\nthe date of special (abandonment) hearing, if the claimant does not submit their Basis of Claim form on time\nThe officer must also:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Eligible claims (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-post-interview-final-decision.html" + }, + { + "id": "pdi-refugee-28-1-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection: Post-int — Eligible claims", + "marginal_note": "Eligible claims", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "indicate in GCMS if the claimant is an  unaccompanied minor, or if the claimant has any special needs   [RPD Rule (20)(1)]\nindicate if an interpreter is required\nflag the file for possible intervention, if warranted\nif not already done, initiate clearances by checking the “Screening” checkbox, on the “Application” screen and updating the security screening REF-CLM activity to “Submit” for all claimants 18 years and older\nthe officer may refer a person younger than 18 years of age for security screening, if necessary (the officer must add a note with reason or NSSD will reject)\nreview the A44(1) Report, record the Minister’s delegate decision in GCMS\nimpose conditions on all claimants; these conditions are outlined in the Acknowledgment of Conditions form [BSF 821], which must be signed by both the officer and the claimant\ncounsel the claimant about what the eligibility decision means\nissue a medical report [IMM 1017] (if not already done)\nconfirm the Refugee Protection Identity Document (RPID) in GCMS\nfinalize the examination case in GCMS\nscan the following documents and save them to GCMS:\nBasis of Claim form (PDF, 166 KB) – Incoming correspondence, and\nIdentity and travel documents (for paper-based claims) – client documents\nIf the claimant is not applying by using the IRCC Portal or CRPP, the following documents should be scanned and uploaded into GCMS:\nPrincipal Applicant’s Application [ IMM 0008 (PDF, 664 KB) ] – Incoming correspondence\nPrincipal Applicant’s Application – Additional Dependants [ IMM 0008 DEP (PDF, 472 KB) ] –Incoming correspondence (if applicable)\nSchedule A (PDF, 1,561 KB)  – Incoming correspondence\nSchedule 12 (PDF, 1,920 KB)  – Incoming correspondence", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Eligible claims (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-post-interview-final-decision.html" + }, + { + "id": "pdi-refugee-28-1-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection: Post-int — Eligible claims", + "marginal_note": "Eligible claims", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Details of Military Service form [ IMM 5546 (PDF, 1,808 KB)] – Incoming correspondence(if applicable)\nDetails of Police Service form [ IMM 0150 (PDF, 1.76 MB) ] – Incoming correspondence (if applicable)\nDetails of Government Employment\nUse of a Representative form [IMM 54760] (PDF, 264 KB) (if applicable)\nConfirm all information before saving\nIf a redetermination is necessary, refer to the following process .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Eligible claims (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-post-interview-final-decision.html" + }, + { + "id": "pdi-refugee-28-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection: Post-int — Ineligible claims", + "marginal_note": "Ineligible claims", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Steps for ineligible claims\nEnter the required information in GCMS.\nEnter all applicable ineligibility grounds in the system (be careful not to select paragraph A101(1)(c) instead of paragraph A101(1)(c.1) ).\nDetermine the client’s eligibility for a  pre-removal risk assessment (PRRA) based on the PRRA bar guidelines.\nIf the person is ineligible and not entitled to a PRRA, print the decision on generic non-secured document [IMM 5292].\nIf the person is entitled to a PRRA, generate and print the applicable RPID along with the refusal letter.\nImpose conditions: These conditions are outlined in the Acknowledgment of Conditions form [BSF 821], which must be signed by both the officer and the claimant. If the claimant is not being detained, a key condition should be the requirement to report to the CBSA (at which time the claimant may be invited to apply for a PRRA, if entitled to do so).\nForward the file to the local CBSA office, if applicable.\nIn GCMS, initiate clearances by checking the Screening checkbox on the Application screen (if not already done).\nBackground information on all claimants (18 years and older) must be sent for security screening (if not already done)—except for cases that are found ineligible under paragraph A101(1)(e) (Safe Third Country Agreement provision).\nThe officer may refer a person younger than 18 years of age for security screening, if necessary.\nGenerate the A44 report.\nMinister’s delegate reviews the A44 Report. If they concur, they generate the removal order. When a claim is ineligible under the Safe Third Country Agreement [ A101(1)(e) ], the removal order comes into force the same day [ A49(2)(a) ], even if the claim is also ineligible on other grounds.\nInput information into Support System for Intelligence (SSI). For more information on SSI see section 7.6 of ENF 30.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Ineligible claims", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-post-interview-final-decision.html" + }, + { + "id": "pdi-refugee-28-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection: Post-int — Distribution of documents to claimant and IRB", + "marginal_note": "Distribution of documents to claimant and IRB", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Documents to be given to all claimants\nGive copies of the following documents to the claimant:\nBasis of Claim form.\nProvide the following additional documents when applicable and counsel the claimant about them and the meaning of the eligibility decision:\nA44(1) Report\nidentity documents: certified true copies of all genuine identity documents that were seized\nNotice of Seizure of Travel and/or Identity Document(s) (BSF 698) (if not already done at an earlier time)\nSearch/Arrest Report [BSF 667];\ncontact information for non-governmental organization (NGO) and the office of United Nations High Commissioner for Refugees (UNHCR)\nRefugee Protection Identity Document (RPID)\nMedical report form [IMM 1017] (if not already provided)\nRemoval order\nAcknowledgement of conditions [BSF 821]\nInterpreter declaration [IMM 1265]\nInformation pamphlet for refugee claimants (PDF, 74.7 KB)\nfor IRCC claims, the GCMS ATIP report on any TRV application\nfor IRCC claims, the GCMS ATIP report on the most recent TRV application, or the TRV application form if it is on file in GCMS and less than two-years-old, instead of an ATIP report\ncompleted, signed, and dated Checklist – Documents Provided to Refugee Claimant(s) [IMM 5780 ]\ninterview notes (saved as a document in GCMS) (if applicable)\nIf the claimant is not applying by using the IRCC Portal or CRPP, the following documents should be provided. The following documents should be scanned and uploaded into GCMS and originals returned to the client:\nGeneric Application Form for Canada [ IMM 0008 (PDF, 664 KB) ];\nAdditional Dependants/Declaration [ IMM 0008DEP (PDF, 435 KB) ];\nSchedule A - Background/Declaration [ IMM 5669 (PDF, 1, 561 KB) ];", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Distribution of documents to claimant and IRB (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-post-interview-final-decision.html" + }, + { + "id": "pdi-refugee-28-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection: Post-int — Distribution of documents to claimant and IRB", + "marginal_note": "Distribution of documents to claimant and IRB", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Schedule 12 – Additional Information - Refugee Claimants Inside Canada [ IMM 0008 – Schedule 12 (PDF, 1,920 KB) ];\nDetails of Military Service form [ IMM 5546] (PDF, 1,808 KB) (if applicable)\nDetails of Police Service form  [IMM 0150] (PDF, 1.76 MB) (if applicable)\nDetails of Government Employment form  [IMM 0149] (PDF, 2.57 MB) (if applicable)\nDocuments to be given to eligible claimants\nThe IRB Claimant’s Kit\nThose whose claims are eligible must be given an IRB Claimant’s Kit, which is provided by the IRB, or referred to the IRB’s Claimant's Kit Web page.\nThe kit contains a Notification of Contact Information form. This form is completed if the claimant is unable to give a permanent address when they complete their forms or in the case of change of address. It may be submitted after the 10-day limit.\nThe officer must:\ngive a copy of documents to the claimant and copies on file\nask the client to check that information in the RPID is correct\ncorrect any errors in GCMS\nDocuments to be sent to the IRB for eligible claimants\nThese documents should be shared with the applicable RPD office:\nClient Application Summary PDF (IRCC Portal claims)\nOnline Refugee Claim Amendment Form (if applicable)\nBasis of Claim form, plus any additional submissions\nConfirmation of Referral\nvisa application file (application forms or ATIP report) (IRCC only) (Integrated Claim Analysis Centre to provide for cases to be heard in Central Region [Toronto IRB])\nNotice of Seizure of Travel and/or Identity Document(s) (BSF 698)\ncopies of seized documents (genuine and fraudulent)\nbiometrics photograph (or scanned photograph if no biometrics)\ncompleted, signed, and dated Checklist – Documents Provided to Refugee Claimant(s) [IMM 5780]", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Distribution of documents to claimant and IRB (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-post-interview-final-decision.html" + }, + { + "id": "pdi-refugee-28-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection: Post-int — Distribution of documents to claimant and IRB", + "marginal_note": "Distribution of documents to claimant and IRB", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "interview notes (saved as a document in GCMS) (if applicable)\nany other documents submitted\nIf the claimant is not using the IRCC Portal or CRPP, the following documents should be sent:\nGeneric Application Form for Canada [ IMM 0008 (PDF, 664 KB) ];\nAdditional Dependants/Declaration Form [ IMM 0008DEP (PDF, 435 KB) ];\nSchedule A – Background/Declaration [ IMM 5669 (PDF, 1,561 KB) ];\nSchedule 12 – Additional Information – Refugee Claimants Inside Canada [ IMM 0008 – Schedule 12 (PDF, 1,920 KB) ];\nDetails of Military Service form [ IMM 5546] (PDF, 1,808 KB)  (if applicable)\nDetails of Police Service form  [IMM 0150] (PDF, 1.76 MB) (if applicable)\nDetails of Government Employment form  [IMM 0149] (PDF, 2.57 MB) (if applicable)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Distribution of documents to claimant and IRB (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-post-interview-final-decision.html" + }, + { + "id": "pdi-refugee-28-4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada claims for refugee protection: Post-int — Footnotes", + "marginal_note": "Footnotes", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Footnote 1\nBasis of claim abandon date is the date the claimant must appear if they fail to submit their Basis of Claim form within 15 days following the referral of their claim.\nReturn to footnote 1 referrer", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Footnotes", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-refugee-protection-post-interview-final-decision.html" + }, + { + "id": "pdi-refugee-29-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada and port of entry claims: General requirements and administ", + "marginal_note": "Processing in-Canada and port of entry claims: General requirements and administration", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Processing in-Canada and port of entry claims: General requirements and administration", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-general-requirements-administration.html" + }, + { + "id": "pdi-refugee-29-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada and port of entry claims: General requi — Medicals and related documentation", + "marginal_note": "Medicals and related documentation", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Medical examination\nAll refugee claimants in Canada must submit to a medical examination (refer to section 30(1)(e) of the Immigration and Refugee Protection Regulations (IRPR) ). The cost of the medical examination is covered by the Interim Federal Health Program (IFHP). All claimants are assessed by a panel physician. Medical screening must be completed within 30 days from the date the claim was received.\nUnder the following conditions, a repeat medical is not required for an in-Canada refugee claim:\nThey have already had an immigration medical examination and the results are still valid.\nThe result is M1, M2 or M3, unless the M3 is notated “only acceptable as visitor”.\nInterim Federal Health Program (IFHP)\nOnce a person is found eligible to make a refugee claim, determine whether the claimant is eligible for IFHP coverage.\nDependents in Canada who are not included in the principal applicant’s refugee claim and who have not made their own refugee claim are not entitled to IFHP benefits.\nIf the client is eligible, and the appropriate system entries are made, the client’s Refugee Protection Identity Document (RPID) should feature text indicating this eligibility.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Medicals and related documentation", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-general-requirements-administration.html" + }, + { + "id": "pdi-refugee-29-3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada and port of entry claims: General requi — Permits and documents", + "marginal_note": "Permits and documents", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Study permits\nForeign nationals, and refugee claimants and their accompanying family members may apply for a study permit after entering Canada if they are subject to an unenforceable removal order (R215).\nRefugee claimants cannot request a study permit at the same time as they submit their refugee claim. Refugee claimants wishing to study in Canada must apply online separately for a study permit and must have a letter of acceptance from a designated learning institution.\nMinor children do not require a study permit to attend kindergarten, elementary or secondary school (refer to section 30 (2) of Immigration and Refugee Protection Act (IRPA)).\nLearn more about issuing student permits .\nWork permits\nFor information about work permit issuance for refugee claimants, refer to Applicants with no other means of support [R206 – S61 and S62] .\nReplacement of lost, stolen or destroyed Refugee Protection Claimant Document (RPCDs) or Refugee Protection Identity Documents (RPIDs) and renewal of expired RPCD/RPIDs\nIRCC has resumed replacing all expired, lost, stolen, or damaged RPCD/RPIDs. Claimants can request these services using the IRCC web form . Claimants unable to use the IRCC web form for accessibility reasons may contact the Client Support Centre to request an alternative format.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Permits and documents", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-general-requirements-administration.html" + }, + { + "id": "pdi-refugee-29-4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Processing in-Canada and port of entry claims: General requi — General administration", + "marginal_note": "General administration", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Referrals from social services agencies\nIn large processing centres, inland IRCC offices may receive referrals of refugee claimants from social service agencies (for example, the Salvation Army). When possible, offices should deal with such claimants expeditiously so that they do not remain in shelters longer than necessary.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: General administration", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-general-requirements-administration.html" + }, + { + "id": "pdi-refugee-30-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): General policy", + "marginal_note": "Pre-removal risk assessment (PRRA): General policy", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Pre-removal risk assessment (PRRA): General policy", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-general-policy.html" + }, + { + "id": "pdi-refugee-30-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): General policy — General policy", + "marginal_note": "General policy", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Pre-removal risk assessment (PRRA) assists in ensuring that Canada’s immigration and refugee protection system meets its international obligations, as well as those under the Canadian Charter of Rights and Freedoms (the Charter). PRRA is found in Division 3 of Part 2 of the Immigration and Refugee Protection Act (IRPA), sections 112-114 .\nMost PRRA applications are considered on the same consolidated protection grounds considered by the Immigration and Refugee Board of Canada (IRB), as provided in sections A96 and A97 . Among other things, these grounds are based on Canada’s obligation under:\nThe United Nations 1951 Convention relating to the Status of Refugees (Refugee Convention), supplemented by its 1967 Protocol\nThe United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment\nApproved PRRA applications result in the same refugee protection afforded to persons whose refugee claims are approved by the IRB as per paragraph A114(1)(a) . Certain cases under subsection A112(3) are considered under more limited grounds. If approved, they do not result in the same type of refugee protection. These cases are described in the section entitled Applicant restrictions on access to protection .\nIn many cases, a PRRA decision can be made based on the applicant’s written representations, without an oral hearing. However, the IRPA gives a PRRA decision maker the ability to hold an oral hearing based on a series of factors identified in the Immigration and Refugee Protection Regulations (IRPR) . The IRPA also dictates that some hearings are mandatory as defined in section A113.01 .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: General policy (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-general-policy.html" + }, + { + "id": "pdi-refugee-30-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): General policy — General policy", + "marginal_note": "General policy", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Persons subject to a removal order that is in force may apply for a PRRA, with the exceptions outlined in subsections A112(1) and A112(2) . The Canada Border Services Agency (CBSA) notifies a person of their eligibility to apply, although port of entry and subsequent PRRAs may follow a slightly different procedure.\nPRRA applicants may be divided into 4 overall applicant types:\npeople whose refugee claims have been rejected (this includes withdrawn or abandoned claims), and more than 12 months have passed – see Intake procedures for more information on the 12-month PRRA bar\npeople whose refugee claims are ineligible for referral to the IRB, except those whose claims are ineligible vis-à-vis the Safe Third Country Agreement\nother persons who never previously sought refugee protection in Canada and are now facing removal or are named in a certificate described in subsection A77(1)\nprevious PRRA applicants who are still in Canada, and more than 12 months have passed since Immigration, Refugees and Citizenship Canada (IRCC) rendered the negative decision – see Intake procedures for more information on subsequent PRRAs\nIn cases where the applicant’s refugee claim has been rejected by the IRB, the PRRA is restricted to new evidence that arose after the rejection or evidence that was not reasonably available at the time of the rejection per paragraph A113(a) .\nA PRRA application is not an appeal of a negative refugee claim decision, but rather an assessment based on new facts or evidence demonstrating that the person is now at risk of persecution, danger of torture, risk to life or risk of cruel and unusual treatment or punishment.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: General policy (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-general-policy.html" + }, + { + "id": "pdi-refugee-30-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): General policy — General policy", + "marginal_note": "General policy", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Paragraph A113(a) , referred to as the new evidence rule, applies to subsequent PRRA applications, as per Thamotharampillai v. Canada (Citizenship and Immigration) , 2016 FC 352 . Paragraph A113(a) limits the applicant to new evidence that arose after the rejection or was not reasonably available, or that the applicant could not reasonably have been expected in the circumstances to have presented, at the time of the rejection. See Raza v. Canada (Citizenship and Immigration) , 2007 FCA 385 at paragraphs 13 to 17 for the full governing test for paragraph A113(a).\nFor more information on new evidence, see Processing procedures and guidelines . In other cases where there has never been a previous assessment of risk, such as when the applicant’s refugee claim was ineligible for referral to the IRB or they did not make a refugee claim, there would be no previous decision to take into consideration. PRRA decision makers would base their determination of risk on any written evidence the applicant may wish to present for consideration and any additional information provided during an oral hearing.\nFor more information on oral hearings, see Oral hearings .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: General policy (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-general-policy.html" + }, + { + "id": "pdi-refugee-30-3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): General policy — The Charter and PRRA", + "marginal_note": "The Charter and PRRA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Canada is bound by the Charter and international obligations to assess risk prior to removing a person to a country of alleged persecution or danger of torture, risk to life, or risk of cruel or unusual treatment or punishment. PRRA stems from these obligations. While PRRA decision makers do not have the authority of a court to rule on the constitutionality of legislative provisions, they are required to apply the law in a manner consistent with the Charter.\nWhen initial or subsequent PRRA submissions raise Charter or other legal questions, the PRRA decision maker should discuss the case with their manager. If further clarification is needed, the manager seeks functional guidance or legal advice on the Charter implications through a functional guidance request. The manager sends a request to the Asylum Branch (AB).\nThe PRRA decision maker defers a decision on the application until functional guidance is provided by AB and puts a note to that effect on the applicant’s PRRA in the Global Case Management System (GCMS).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: The Charter and PRRA", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-general-policy.html" + }, + { + "id": "pdi-refugee-31-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Intake", + "marginal_note": "Pre-removal risk assessment (PRRA): Intake", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Pre-removal risk assessment (PRRA): Intake", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-intake.html" + }, + { + "id": "pdi-refugee-31-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Intake — On this page", + "marginal_note": "On this page", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Who can apply for a PRRA\nNotification of eligibility to apply for a PRRA\nStay of removal for PRRA applicants\nRegulatory stay of removal\nNo stay of removal\nApplicants described in subsection A112(3)\nPersons subject to security certificates\nSubsequent PRRA applicants\nWho cannot apply for a PRRA\nProtected persons and Convention refugees who obtained their status abroad (non-Refoulement section A115)\nPersons subject to an authority to proceed under the Extradition Act\nRefugee claimants coming from a safe third country\nCertain unsuccessful refugee claimants and previous PRRA applicants\nPRRA bar\nUnsuccessful refugee claimants applying for their first PRRA\nSituations where the PRRA bar does not apply\nCalculating the bar\nExemptions to the PRRA bar\nPRRA – Exemption to the bar (table)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-intake.html" + }, + { + "id": "pdi-refugee-31-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Intake — Who can apply for a PRRA", + "marginal_note": "Who can apply for a PRRA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Certain persons in Canada may apply for a Pre-removal Risk Assessment (PRRA) if they are subject to a removal order that is in force as per section 49 of the Immigration and Refugee Protection Act (IRPA), or are named in a security certificate described in subsection A77(1) . If persons fall under the exceptions set out in subsection A112(2) or under subsection A115(1) , they are not eligible for PRRA.\nIn general, a person may not apply for PRRA before being given notification by the Canada Border Services Agency (CBSA) of their entitlement to do so as set out in section 160 of the Immigration and Refugee Protection Regulations (IRPR). However, certain persons against whom a removal order is made at a port of entry (POE) or who are making a subsequent PRRA application may apply without notification as per subsection R160(2) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Who can apply for a PRRA", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-intake.html" + }, + { + "id": "pdi-refugee-31-3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Intake — Notification of eligibility to apply for a PRRA", + "marginal_note": "Notification of eligibility to apply for a PRRA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Once the person is removal ready, the CBSA officer advises them that they are entitled to apply for a PRRA and provides them the PRRA application kit. The PRRA notification letter informs the person that they have 15 days to submit their application, plus an additional 15 days in which to provide written submissions in support of their application, and where to send the information.\nFor more information, see ENF 10 - Removals (PDF, 878 KB) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Notification of eligibility to apply for a PRRA", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-intake.html" + }, + { + "id": "pdi-refugee-31-4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Intake — Stay of removal for PRRA applicants", + "marginal_note": "Stay of removal for PRRA applicants", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Regulatory stay of removal\nApplications received after being notified in person :\nWhen a person is notified in person (as per paragraph R160(4)(a) ) of their entitlement to apply for a PRRA, the removal order against them becomes subject to a regulatory stay of removal ( section R232 ) if the person applies within the 15-day application period as per section R162 . If the person submits their PRRA application after the 15-day application period has passed, the removal order is no longer stayed.\nApplications received after being notified by mail :\nWhen a person is notified by mail (as per paragraph R160(4)(b) ) of their entitlement to apply for a PRRA, the removal order against them becomes subject to a regulatory stay of removal ( section R232 ) if the person applies within the 15-day application period as per section R162 . Note that, for persons notified by mail, the notification is considered to have been given 7 days after the notification was sent by mail by the CBSA.\nThe stay is maintained until a decision is made on the application.\nFor more information, see ENF 10 - Removals (PDF, 878 KB) .\nNo stay of removal\nThese applications do not result in a stay of the removal order:\nApplications received after 15 days of being notified ( section R163 )\nSubsequent PRRA applications ( section R165 )\nSome applications at a port of entry ( section R166 )\nFor more information, see subsequent PRRA applications and PRRA applications at the port of entry .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Stay of removal for PRRA applicants", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-intake.html" + }, + { + "id": "pdi-refugee-31-5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Intake — Applicants described in subsection A112(3)", + "marginal_note": "Applicants described in subsection A112(3)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "In keeping with the principle that persons such as serious criminals are excluded from refugee protection under the provisions of the United Nations 1951 Convention relating to the Status of Refugees (Refugee Convention), some persons described in  subsection A112(3)  are not assessed against Refugee Convention grounds. Examples include those excluded under Article 1F , those with serious criminality, involvement in international crimes or who pose a risk to the security of Canada. These PRRA applicants are entitled to a “restricted PRRA”. Restricted PRRAs are only assessed under section A97 , and do not result in the conferral of status as a protected person in Canada.\nThose who fall under subsection A112(3) and paragraph A113(e) receive consideration under sections A96 to A98 . However, as their application is still “restricted”, it does not result in conferral of protected person status. Positive decisions result in a reviewable stay of removal.\nFor more information, see Applicant restrictions on access to protection .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Applicants described in subsection A112(3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-intake.html" + }, + { + "id": "pdi-refugee-31-6", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Intake — Persons subject to security certificates", + "marginal_note": "Persons subject to security certificates", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Permanent residents and foreign nationals may be the subject of a certificate, signed by the Minister of Citizenship and Immigration and the Minister of Public Safety, stating that they are inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality as per subsection A77(1) .\nThese persons may be eligible for a PRRA. Please consult with the Asylum Branch (AB).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Persons subject to security certificates", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-intake.html" + }, + { + "id": "pdi-refugee-31-7", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Intake — Subsequent PRRA applicants", + "marginal_note": "Subsequent PRRA applicants", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "A person whose PRRA application was refused and who has remained in Canada since being given notification under section R160 may apply for a subsequent PRRA as per section R165 as long as they are not subject to the 12-month bar on PRRA applications. For more information, see Who cannot apply for PRRA , below.\nHowever, subsequent PRRA applicants do not benefit from a regulatory stay of removal. Paragraph A113(a) prescribes the evidence which an applicant can submit for the subsequent PRRA application. This limits the applicant to new evidence that has arisen after the rejection or was not reasonably available, or that the applicant could not reasonably have been expected in the circumstances to have presented, at the time of the rejection. See Raza v. Canada (Citizenship and Immigration) , 2007 FCA 385 , at paragraphs 13-17 for the full governing test for paragraph A113(a).\nA person may not apply for a subsequent PRRA if they are subject to the 12-month PRRA bar. For more information, see PRRA bar below.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Subsequent PRRA applicants", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-intake.html" + }, + { + "id": "pdi-refugee-31-8-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Intake — Who cannot apply for a PRRA", + "marginal_note": "Who cannot apply for a PRRA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Outlined below are persons who cannot apply for PRRA. The exceptions generally relate to persons who already have protection or have other means of seeking protection.\nProtected persons and Convention refugees who obtained their status abroad (Non-Refoulement section A115)\nIn general, persons in Canada who are recognized as protected persons or Convention refugees by another country shall not be removed from Canada to a country where they would be at risk of persecution, or at risk of torture or cruel and unusual treatment or punishment. Subsection A115(1) of IRPA describes this situation, which is legally termed non-refoulement. Subsection A115(2) lists the exceptions to non-refoulement.\nPursuant to subsection A112(1) , persons described in section A115 are not entitled to apply for a PRRA. However, if the person alleges risks in the country or countries to which they could be removed, their risks will be assessed. This kind of assessment is called a section A115 assessment.\nFor more information, see Section A115 - Non-refoulement assessments .\nPersons subject to an authority to proceed under the Extradition Act", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Who cannot apply for a PRRA (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-intake.html" + }, + { + "id": "pdi-refugee-31-8-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Intake — Who cannot apply for a PRRA", + "marginal_note": "Who cannot apply for a PRRA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The authority to proceed (ATP) issued under section 15 of the Extradition Act is issued by the Department of Justice once it has sufficient documentation from the requesting country to proceed with an extradition hearing. A confirmation of the ATP is sent to the IRCC Migration Integrity Operations Branch (MIOB), who will place an Extradition info-alert in the Global Case Management System (GCMS), indicating that the ATP has been issued. Once an ATP has been issued, the person is not entitled to apply for a PRRA pursuant to paragraph A112(2)(a) . If the ATP is issued after the PRRA application has been made, the PRRA decision maker assigned to assess the application should consult with the Asylum Branch (AB).\nRefugee claimants coming from a safe third country\nA person is not entitled, pursuant to paragraph A112(2)(b) , to apply for a PRRA if their claim for refugee protection was determined to be ineligible for referral to the Immigration and Refugee Board of Canada (IRB) under paragraph A101(1)(e) because they came to Canada directly or indirectly from a safe third country. A safe third country is a country designated by the IRPR, other than the person’s country of nationality or, if the person is stateless, the person’s country of former habitual residence. To date, only the United States of America has been designated a safe third country.\nFor more information, see Processing in-Canada claims for protection under the Safe Third Country Agreement (STCA) .\nCertain unsuccessful refugee claimants and previous PRRA applicants\nCertain unsuccessful refugee claimants or previous PRRA applicants may be barred from applying for PRRA. For more information, see PRRA bar below.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Who cannot apply for a PRRA (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-intake.html" + }, + { + "id": "pdi-refugee-31-9-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Intake — PRRA bar", + "marginal_note": "PRRA bar", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Certain unsuccessful refugee claimants or previous PRRA applicants may be barred from applying for PRRA as described in subsection A112(2) .\nBefore notifying an unsuccessful refugee claimant of their entitlement to apply for a PRRA further to section R160 , the CBSA removals officer must verify if the person is subject to the 12-month PRRA bar.\nIn exceptional circumstances, for persons who are barred from applying for PRRA, the CBSA may request that IRCC reviews a request for a PRRA bar waiver under section A25.1 in the context of a request to defer removal.\nFor more information, see ENF10 - Removals (PDF, 878 KB) .\nUnsuccessful refugee claimants applying for their first PRRA\nThe following persons are not eligible to apply for a PRRA for a period of 12 months:\nPersons who have received a negative decision, including rejections, withdrawals and abandonments, from the IRB on a claim for refugee protection\nPersons who have received a negative decision, including refusals, withdrawals and abandonments, from IRCC on a previous PRRA application\nPersons who have received a negative decision from the Federal Court (FC), on an application for leave or judicial review regarding a claim for refugee protection or a PRRA decision\nSituations where the PRRA bar does not apply\nThe PRRA bar does not apply to people whose\nrefugee claim has been rejected on the basis of section E or F of Article 1 of the Refugee Convention\nrefugee protection has been vacated under subsection A109(3)\nCalculating the bar", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: PRRA bar (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-intake.html" + }, + { + "id": "pdi-refugee-31-9-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Intake — PRRA bar", + "marginal_note": "PRRA bar", + "part": "PDI ��� Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The bar is calculated from the date of the most recent Refugee Protection Division (RPD), Refugee Appeal Division (RAD) or PRRA decision or from the date of the FC decision refusing the application for leave or dismissing the judicial review application of a negative RPD, RAD or PRRA decision.\nThis PRRA bar calculation date is the date:\nof the decision, if it is given orally at a hearing, when an IRB member states the decision and gives the reasons\nan IRB member signs and dates the reasons for the decision, if the decision is made in writing\nof the PRRA decision maker’s written decision (following a PRRA)\nthe application for leave of the RPD, RAD or previous PRRA decision is denied by the FC\nthe judicial review of the RPD, RAD or previous PRRA decision is rejected by the FC\nNote: As per paragraphs A112(2)(b.1) and (c) the bar begins on the day of the decision of the claim/appeal/application. The last day of the PRRA Bar is the day before the 12-month anniversary of the decision date.\nThe PRRA bar is triggered by a decision that has been rendered on the merits. If the FC dismisses an application in which the merits of the original RPD/RAD/PRRA decision were not examined, the dismissal does not trigger the PRRA bar. For example, the PRRA bar would not be triggered by a decision dismissing a FC application due to the applicant’s failure to perfect their application. Similarly, the PRRA bar would not be triggered by a FC application that was abandoned or withdrawn by the applicant because there would be no decision from the Court.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: PRRA bar (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-intake.html" + }, + { + "id": "pdi-refugee-31-10-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Intake — Exemptions to the PRRA bar", + "marginal_note": "Exemptions to the PRRA bar", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "There may be exemptions to the PRRA bar for persons who have lost their protected person status as a result of the vacation of their refugee protection. Officers assigned to these applications should discuss the case with their manager, and if necessary request functional guidance from the Asylum Branch (AB).\nUnder  subsection A112(2.1) , the Minister of Citizenship and Immigration may exempt from the 12-month bar nationals or former habitual residents of a country where conditions have changed such that certain people could be subject to a risk within the meaning of  sections A96 and A97 .\nExemptions under  subsection A112(2.1) are in place for nationals from the following countries:\nPRRA – Exemptions to the bar (table)\nName of country\nEffective date\nCountry nationals are exempt from the 12-month bar if their IRB, Federal Court (on or after June 21, 2019) Tablenote 1 or previous PRRA decision was made during the following period\nNotice\nCentral African Republic page has been archived\n2012-08-15\n2011-08-15 to 2012-08-14\nExemptions to the Bars on Applying for a Pre-Removal Risk Assessment\nCentral African Republic page has been archived\n2014-05-30\n2013-05-12 to 2014-05-11\nChanges to Pre–Removal Risk Assessment for Egypt and Central African Republic\nCentral African Republic\n2017-12-08\n2016-12-09 to 2017-12-08\nChanges to the Pre-Removal Risk Assessment for the Central African Republic\nEgypt page has been archived\n2012-08-15\n2011-08-15 to 2012-08-14\nExemptions to the Bars on Applying for a Pre-Removal Risk Assessment\nEgypt page has been archived\n2014-05-30\n2013-05-12 to 2014-05-11\nChanges to Pre–Removal Risk Assessment for Egypt and Central African Republic\nGuinea-Bissau page has been archived\n2012-08-15\n2011-08-15 to 2012-08-14", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Exemptions to the PRRA bar (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-intake.html" + }, + { + "id": "pdi-refugee-31-10-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Intake — Exemptions to the PRRA bar", + "marginal_note": "Exemptions to the PRRA bar", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Exemptions to the Bars on Applying for a Pre-Removal Risk Assessment\nLibya page has been archived\n2012-08-15\n2011-08-15 to 2012-08-14\nExemptions to the Bars on Applying for a Pre-Removal Risk Assessment\nLibya page has been archived\n2015-02-20\n2014-02-20 to 2015-02-19\nChanges to the Pre-Removal Risk Assessment Libya\nMali page has been archived\n2012-08-15\n2011-08-15 to 2012-08-14\nExemptions to the Bars on Applying for a Pre-Removal Risk Assessment\nMali page has been archived\n2013-03-15\n2012-02-21 to 2013-02-20\nMali-Exemptions to the Bar on Applying for a Pre-Removal Risk Assessment\nSomalia page has been archived\n2012-08-15\n2011-08-15 to 2012-08-14\nExemptions to the Bars on Applying for a Pre-Removal Risk Assessment\nSouth Sudan page has been archived\n2014-09-04\n2013-08-27 to 2014-08-26\nChanges to Pre-Removal Risk Assessment for South Sudan\nSudan page has been archived\n2012-08-15\n2011-08-15 to 2012-08-14\nExemptions to the Bars on Applying for a Pre-Removal Risk Assessment\nSyria page has been archived\n2012-08-15\n2011-08-15 to 2012-08-14\nExemptions to the Bars on Applying for a Pre-Removal Risk Assessment\nYemen page has been archived\n2015-06-17\n2014-06-18 to 2015-06-17\nChanges to the Pre–Removal Risk Assessment for Yemen\nBurundi page has been archived\n2015-08-12\n2014-08-13 to 2015-08-12\nChanges to the Pre–Removal Risk Assessment for Burundi\nEthiopia\n2016-07-27\n2015-07-28 to 2016-07-27\nChanges to the Pre-Removal Risk Assessment for Ethiopia\nTurkey\n2017-02-15\n2016-02-16 to 2017-02-15\nChanges to the Pre-Removal Risk Assessment for Turkey\nRussia\n2017-06-30\n2016-07-01 to 2017-06-30\nChanges to the Pre-Removal Risk Assessment for Russia\nVenezuela\n2017-07-07\n2016-07-08 to 2017-07-07\nChanges to the Pre-Removal Risk Assessment for Venezuela\nVenezuela\n2019-08-19\n2018-08-20 to 2019-08-19", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Exemptions to the PRRA bar (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-intake.html" + }, + { + "id": "pdi-refugee-31-10-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Intake — Exemptions to the PRRA bar", + "marginal_note": "Exemptions to the PRRA bar", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Changes to the Pre-Removal Risk Assessment for Venezuela\nBrunei\n2019-06-13\n2018-06-14 to 2019-06-13\nChanges to the Pre-Removal Risk Assessment for Brunei\nHong Kong\n2020-11-12\n2019-11-13 to 2020-11-12\nChanges to the pre-removal risk assessment for Hong Kong\nBelarus\n2021-02-19\n2020-02-20 to 2021-02-19\nChanges to the pre-removal risk assessment for Belarus\nMyanmar\n2021-05-07\n2020-05-08 to 2021-05-07\nChanges to the pre-removal risk assessment for Myanmar\nAfghanistan\n2021-10-18\n2020-10-19 to 2021-10-18\nChanges to the pre-removal risk assessment for Afghanistan\nNicaragua\n2021-10-29\n2020-10-30 to 2021-10-29\nChanges to the pre-removal risk assessment for Nicaragua\nEthiopia\n2021-12-16\n2020-12-17 to 2021-12-16\nChanges to the pre-removal risk assessment for Ethiopia\nIran\n2022-12-19\n2021-12-20 to 2022-12-19\nChanges to the pre-removal risk assessment for Iran\nChad\n2023-03-30\n2022-03-30 to 2023-03-29\nChanges to the pre-removal risk assessment for Chad\nUganda\n2023-05-12\n2022-05-13 to 2023-05-12\nChanges to the pre-removal risk assessment for Uganda\nSudan\n2023-08-22\n2022-08-23 to 2023-08-22\nChanges to the pre-removal risk assessment for Sudan\nThe Palestinian Territories (Gaza and the West Bank)\n2023-12-22\n2022-12-23 to 2023-12-22\nChanges to the pre-removal risk assessment for the West Bank and Gaza\nFormer habitual residents of the Nagorno-Karabakh region in Azerbaijan\n2024-03-14\n2023-03-15 to 2024-03-14\nChanges to the pre-removal risk assessment for the Nagorno-Karabakh region of Azerbaijan\nVenezuela\n2024-10-09\n2023-10-10 to 2024-10-09\nChanges to the pre-removal risk assessment for Venezuela\nDemocratic Republic of Congo\n2025-07-04\n2024-07-05 to 2025-07-04\nChanges to the pre-removal risk assessment for Democratic Republic of Congo\nIran\n2025-12-19\n2024-12-20 to 2025-12-19", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Exemptions to the PRRA bar (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-intake.html" + }, + { + "id": "pdi-refugee-31-10-p4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Intake — Exemptions to the PRRA bar", + "marginal_note": "Exemptions to the PRRA bar", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Changes to the pre-removal risk assessment for Iran\nUganda\n2026-06-19\n2025-06-20 to 2026-06-19\n–", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Exemptions to the PRRA bar (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-intake.html" + }, + { + "id": "pdi-refugee-31-11", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Intake — Table note", + "marginal_note": "Table note", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Tablenote 1\nOn June 21, 2019, Bill C-97 received Royal Assent amending the Immigration and Refugee Protection Act, including certain provisions concerning the bars to the PRRA. For more information see Government Bill (House of Commons) C-97 (42-1) - Royal Assent - Budget Implementation Act, 2019, No. 1 - Parliament of Canada .\nReturn to footnote 1 referrer", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Table note", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-intake.html" + }, + { + "id": "pdi-refugee-32-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Timelines, inland and port of entry (POE) ap", + "marginal_note": "Pre-removal risk assessment (PRRA): Timelines, inland and port of entry (POE) applications", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Pre-removal risk assessment (PRRA): Timelines, inland and port of entry (POE) applications", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-eligibility.html" + }, + { + "id": "pdi-refugee-32-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Timelines, inland and po — On this page", + "marginal_note": "On this page", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Applications made within 15-day period after inland PRRA notification\nApplications made after expiration of the 15-day period and subsequent applications\nApplications made by persons at the port of entry (POE) and across the entire land border\nApplications made by persons who are issued a removal order at the POE\nApplications for persons who have departed Canada without obtaining a Certificate of Departure and have subsequently arrived at the POE\nApplications made by persons subject to security certificates – subsection A77(1)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-eligibility.html" + }, + { + "id": "pdi-refugee-32-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Timelines, inland and po — Applications made within 15-day period after inland PRRA not", + "marginal_note": "Applications made within 15-day period after inland PRRA notification", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "PRRA applications must be submitted to Immigration, Refugees and Citizenship Canada (IRCC) within 15 days of receipt of the PRRA notification for the applicant to be afforded continuation of the regulatory stay of removal per section 232 of the Immigration and Refugee Protection Regulations (IRPR). If a person does not submit their application within 15 days of notification, the regulatory stay ends, and the removal order becomes enforceable. In most instances, the Canada Border Services Agency (CBSA) will hand-deliver the PRRA notification to the applicant. However, if the PRRA notification is mailed, the date of notification begins 7 days after the CBSA sends the notification. The deadline is calculated in calendar days, commencing with the day following the delivery of the notice, and ending at midnight on the fifteenth day. If the fifteenth day is a Saturday, Sunday, or federal statutory holiday [or day designated in lieu thereof], the deadline for submitting the application is midnight on the next working day.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Applications made within 15-day period after inland PRRA notification (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-eligibility.html" + }, + { + "id": "pdi-refugee-32-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Timelines, inland and po — Applications made within 15-day period after inland PRRA not", + "marginal_note": "Applications made within 15-day period after inland PRRA notification", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "An application is deemed submitted on the date that it is postmarked. When the application is within the 15-day time-frame, the applicant has an additional 15 days (30 days total from the date of notification) to provide written submissions. A decision cannot be rendered before this 30-day period expires. There is no specific cut-off date for additional submissions or restrictions on the number of submissions that an applicant can provide in support of their PRRA. The only requirement is that they be received before the decision is delivered by the CBSA. If no submissions are received by IRCC, the PRRA decision maker makes a decision based on the risk identified in the application and the information on file. If the application is received after the 15-day time-frame, it is treated as a late PRRA and there is no stay of removal as per section R163 .\nIf a person does not wish to apply for a PRRA, they must complete the Statement of no Intention attached to the PRRA Notification Letter. Once received by the CBSA, removal arrangements may proceed.\nIf a person signals, they have no intention of applying for PRRA, but they change their mind and subsequently submit their application within the 15-day time-frame, it should still be treated as their first PRRA application (in the sense of benefiting from the regulatory stay).\nIf the person is not entitled to PRRA because they are a protected person or a person who is recognized as a Convention refugee by another country to which they may be returned, please see Section A115 cases – non-refoulement assessments for information on timelines.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Applications made within 15-day period after inland PRRA notification (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-eligibility.html" + }, + { + "id": "pdi-refugee-32-3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Timelines, inland and po — Applications made after expiration of the 15-day period and ", + "marginal_note": "Applications made after expiration of the 15-day period and subsequent applications", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The written submissions must accompany the application form. The PRRA decision maker does not have to wait for additional submissions and may assess the application and render a decision immediately. The PRRA decision maker is to consider all submissions received at any time up until the CBSA delivers the decision. The applicant does not benefit from a stay of removal per section R232 when the application is not received within the 15-day deadline or when a subsequent application is submitted.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Applications made after expiration of the 15-day period and subsequent applications", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-eligibility.html" + }, + { + "id": "pdi-refugee-32-4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Timelines, inland and po — Applications made by persons at the Port of Entry (POE) and ", + "marginal_note": "Applications made by persons at the Port of Entry (POE) and across the entire land border", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "During a border services officer’s examination of a person seeking entry to Canada, the person may state that they are seeking refugee protection. If this statement is made once a removal order has been made, the person subject to that removal order may not make a refugee claim as per subsection 99(3) of the Immigration and Refugee Protection Act (IRPA). However, persons who assert risk after becoming subject to a removal order that is in force are usually entitled to apply for a PRRA.\nFor more information on CBSA procedures, see ENF 4 – Port of Entry Examinations (PDF, 1.82MB) and ENF 10 – Removals (PDF, 977 KB) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Applications made by persons at the Port of Entry (POE) and across the entire land border", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-eligibility.html" + }, + { + "id": "pdi-refugee-32-5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Timelines, inland and po — Applications made by persons who are issued a removal order ", + "marginal_note": "Applications made by persons who are issued a removal order at the POE", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Persons not entitled to apply for PRRA are those:\ndescribed in section A115 , see Section A115 cases – non-refoulement assessments for further information \nsubject to 1 of the exceptions at subsection A112(2)\nwhose refugee claims are ineligible for referral to the Immigration and Refugee Board of Canada pursuant to the Safe Third Country Agreement as per paragraph A101(1) (e)\nOnce the border services officer has determined they are entitled to apply for PRRA, the border services officer:\ngives the person the PRRA application kit and form IMM 5508\ngives the person the instruction Guide 5523 to applying for PRRA, available publicly\nA PRRA application at the POE does not result in a stay of removal.\nConsequently, in these cases the border services officer:\ninstructs the person to complete the application and submit it immediately\ninforms the person that written submissions, if any, must accompany the application as per section R166", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Applications made by persons who are issued a removal order at the POE", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-eligibility.html" + }, + { + "id": "pdi-refugee-32-6", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Timelines, inland and po — Applications for persons who have departed Canada without ob", + "marginal_note": "Applications for persons who have departed Canada without obtaining a Certificate of Departure and have subsequently arrived at the POE", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "When a person arrives at the POE with an unenforced removal order, they may be eligible to be notified of their entitlement to submit a PRRA application and may benefit from a stay of removal as per section R232 . Section R162 gives the timelines for applications made within the 15-day period after PRRA notification.\nFor more information, see ENF 10 – Removals (PDF, 977 KB) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Applications for persons who have departed Canada without obtaining a Certificate of Departure and have subsequently arrived at the POE", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-eligibility.html" + }, + { + "id": "pdi-refugee-33-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures and guidelines", + "marginal_note": "Pre-removal risk assessment (PRRA): Processing procedures and guidelines", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nWhen assessing an application, decision makers must consider all applicable protection grounds. They must give reasons for all grounds when rejecting a PRRA application. If decision makers allow the application on 1 of the grounds, it is not necessary to consider the other grounds in the decision.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Pre-removal risk assessment (PRRA): Processing procedures and guidelines", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — On this page", + "marginal_note": "On this page", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Assessing the evidence\nIdentifying the issues\nConsideration of submissions\nAccepting new evidence\nConducting research\nUsing information obtained through Internet research\nHow much research is enough?\nWeighing the evidence\nStandard of proof\nEstablishing the facts – balance of probabilities\nLegal test to be met\nSection A96 – serious possibility or reasonable chance\nParagraphs A97(1)(a) and (b) – balance of probabilities\nSelf-serving evidence\nThe risk must not be faced generally - generalized oppression and crises\nState protection\nOperational adequacy test\nInability or unwillingness to make use of state protection\nPotential country of reference\nCountry of reference for stateless persons\nInternal flight alternative\nCompelling reasons\nFactors that could lead to a rejection of the application\nCountry against which risk is assessed\nCountry of nationality or citizenship or habitual residence\nRefugee “ sur place ”", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Assessing the evidence", + "marginal_note": "Assessing the evidence", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "PRRA decision makers are to analyze the evidence related to the PRRA application in a manner consistent with the principles of procedural fairness , the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR), taking into account the applicable standard of proof.\nIn their initial examination and analysis, decision makers must consider the evidence as a whole, not in separate silos. The applicants have the burden of satisfying the decision maker that they meet the requirements of section 96 or section 97 of the IRPA.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Assessing the evidence", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Identifying the issues", + "marginal_note": "Identifying the issues", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Identifying the issues is key to good analysis and decision making. Decision makers must examine the entire application and submissions to identify the issues determinative of the case under the relevant provisions of the IRPA and the IRPR. The decision maker’s research and analysis must focus on these issues and the evidence presented. Failure to meaningfully grapple with key issues and the evidence submitted may call into question whether a decision maker conducted a thorough assessment upon judicial review.\nFor more on the process of quality decision making and standards of review, please see Decision making: Standard of review and process for making a reasonable decision .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Identifying the issues", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Consideration of submissions", + "marginal_note": "Consideration of submissions", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The applicant should make it clear in their submissions what risk would be faced in the country of removal. The applicant is expected to explain how the alleged risk might lead to a personalized risk to life; or to a risk of cruel and unusual treatment or punishment, the danger of torture, or the reasonable possibility of persecution and which refugee Convention grounds are applicable.\nSubmissions should address:\nall the risks the applicant fears\nthe reasons why the applicant is unable or unwilling to avail themselves of the protection of the country of removal\nif the risk would be faced in every part of that country, or if the risk is faced generally by other persons in or from that country\nif the risk faced is inherent or incidental to lawful sanctions, and if the sanctions are imposed in disregard of accepted international standards\nif the risk is caused by the inability of the country to provide adequate health or medical care", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Consideration of submissions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Accepting new evidence", + "marginal_note": "Accepting new evidence", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Paragraph A113(a) provides that persons whose claim for refugee protection has been rejected may only present  new evidence  that arose after the rejection, that was not reasonably available, or that the applicant could not reasonably have been expected in the circumstances to have presented, at the time of rejection.\nThis “new evidence” rule does not apply in cases where the previous decision maker did not consider the risk allegations or did not assess the case on its merits. This situation can arise if the previous panel or decision maker excluded a refugee claimant or PRRA applicant without considering whether or not they had a well-founded fear of persecution.\nAn example would be if the previous decision maker did not accept the applicant’s identity as a citizen of country A and therefore did not engage in a risk analysis of that country. However, if the decision maker now accepts the applicant’s identity as submitted, they must consider the evidence as to their identity and resulting risk in that country.\nGenerally, if the applicant alleges a particular risk in the country of removal, and that risk had not been considered in a previous decision, the decision maker should not apply the “new evidence” rule to this risk evidence. In such cases the PRRA is the first instance where these risks will be assessed, and so they must be examined.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Accepting new evidence (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Accepting new evidence", + "marginal_note": "Accepting new evidence", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "When a risk has been previously assessed by the Immigration and Refugee Board of Canada (IRB), a PRRA decision maker may rely on the previous findings made by the IRB. A PRRA is not intended to be a second chance to make the same refugee claim, or to be an appeal of a negative IRB decision. However, the deference afforded to previous IRB decisions is not absolute. Previous findings made by the IRB may be rebutted by new evidence of materially changed circumstances of the applicant or changed country conditions ( Arsu v. Canada (Citizenship and Immigration) , 2022 FC 471 ).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Accepting new evidence (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-5-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Accepting new evidence", + "marginal_note": "Accepting new evidence", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "When refugee protection has been vacated by the IRB, the refugee claim is deemed to have been rejected [ subsection A109(3) ]. It may be inferred that the date of the vacation decision is the relevant date for purposes of  paragraph A113(a) . However, this should be examined on a case by case basis. Evidence that post-dates the original refugee decision is generally not admissible in vacation proceedings, as the purpose of this proceeding is to determine whether refugee protection was obtained by misrepresentation or withholding information, and if so, whether there was sufficient other evidence before the original panel by which the person could have been found to be a Convention refugee or a person in need of protection. If the applicant was not permitted to present evidence at the vacation hearing that post-dates the original decision, an officer may find that evidence of this nature could not reasonably have been expected to have been presented at the vacation hearing, and therefore allow the PRRA applicant to present such evidence. That said, the Court has found that the Refugee Protection Division (RPD) of the IRB has some discretion to allow new evidence for the purpose of the analysis under subsection A109(2) , where the record from the first determination was deficient. For guidance, the manager should send a request to the Asylum Branch (AB).\nWhen a PRRA is returned by the Federal Court (FC) or consent is provided for a re-determination by a different decision maker, new submissions will generally be solicited. The new decision maker must then consider all submissions received; those made in support of the original PRRA as well as the new material.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Accepting new evidence (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-6-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Conducting research", + "marginal_note": "Conducting research", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The decision maker undertakes research independent of the issues identified in the application. The research sources consulted will vary with each individual case, but some sources can be found on the Country of origin information page . The decision maker should make sure to consult the most recent and updated versions of country reports to ensure there have been no changes in country conditions that could affect the decision.\nUsing information obtained through Internet research\nOther than the sources identified above as “conventional” research information, copies of all documents obtained from the Internet and used in the decision-making process must be retained on the case file. This practice ensures not only that the document is available for review by the Court, but also that the “version” of the document available to the Court is the same as that consulted by the decision maker.\nSubject to the following paragraphs, decision makers will retain discretion with regard to whether a document should be shared with the applicant prior to rendering a decision.\nIf it can be demonstrated that the document is “publicly accessible”, it is not necessary to share it with the applicant. “Publicly accessible” documents should originate from reliable and trusted sources that do not require special privilege or an account to access, and should be available at sites directly related to the source.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Conducting research (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-6-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Conducting research", + "marginal_note": "Conducting research", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "However, some publicly accessible documents may need to be disclosed. The Federal Court of Appeal noted in Mancia v. Canada (Minister of Citizenship and Immigration) (C.A.) , [1998] 3 FC 461 that each case has to be decided according to its own circumstances. It is possible for an applicant to establish a breach of procedural fairness if a publicly accessible document is not disclosed to them prior to a decision being rendered. Consequently, decision makers should question themselves whether the information contained in the document is information that would be known by an applicant, in light of the nature of the submissions made and the applicant’s case history.\nKey points:\nWhere a document post-dates the submissions, prior to rendering a PRRA decision, decision makers will disclose any document that shows changes in the country conditions that could affect the decision\nPursuant to section 167 of the IRPR, decision makers retain the authority to determine if an oral hearing is required, unless section A113.01 applies and the hearing is mandatory\nDecision makers may seek responses from applicants with respect to any relevant documentation that comes to light and on which they intend to rely to render a negative decision\nThis can be done through a procedural fairness letter or at a hearing should one be held\nIn cases where a hearing is mandatory, decision makers may share documentation, as stated above, in line with the principles of procedural fairness\nHowever, if the document is determinative of the case, the document should be identified in the Hearing Notice and shared before the hearing\nThe applicant should be given an opportunity to address the document at the hearing or in writing\nFor more information on hearings, see Oral hearings .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Conducting research (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-7", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — How much research is enough?", + "marginal_note": "How much research is enough?", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "One of the implicit assumptions about PRRA is that decision makers will become very knowledgeable about many countries over time. This experience should enable them to make judgments without the need for extensive additional research in straightforward cases. If the decision maker has addressed all the issues identified or presented, the research should be complete. See below for further details on how to weigh and evaluate evidence.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: How much research is enough?", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-8-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Weighing the evidence", + "marginal_note": "Weighing the evidence", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Having obtained information on the facts of the case, the decision maker has to assess the credibility and probative value of the evidence, assign weight to this evidence and determine whether it is sufficient.\nKey points:\nCredibility refers to worthiness of belief\nProbative value refers to the capacity of the evidence to establish the fact it is used to prove\nWeight is a function of credibility and probative value (weight = credibility x probative value)\nThe weight to be given to evidence may depend on the credibility of that evidence, its probative value, or some combination of the 2\nFor more information on these concepts, see the Weighing Evidence - Chapter 2: General principles on the IRB website\nSufficiency refers to how much evidence is required to establish a fact or meet an evidentiary or legal burden\nIt is not always easy to decide which fact or collection of facts is more reasonable or more likely in a case. PRRA decision makers must be fair, sensitive and judicious in their approach to assessing the value of the evidence being considered.\nFor example, a decision maker must be satisfied of the underlying facts on a balance of probabilities. The facts alleged must be reasonable and logical given the existing country conditions. That said, PRRA applicants are not expected to provide evidence to support every single aspect of their application and they should be given the benefit of the doubt if there are no credibility concerns. In addition, although testimony and evidence filed by the applicant is presumed to be true, this presumption may be rebutted. If the weight that the decision maker gives to any piece of evidence is insufficient to establish the facts as alleged by the applicant, reasons must be given.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Weighing the evidence (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-8-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Weighing the evidence", + "marginal_note": "Weighing the evidence", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "In reviewing a supporting document, decision makers should consider the following:\nthe date of the document\nthe author’s identity\nthe source of the information\nthe qualifications/expertise of the author\nthe reasons for which it was prepared\nwhether the document shows signs of bias\nwhether it appears to be contrived\nwhether its contents are consistent with other reliable evidence\nwhether its contents are consistent with statements made by the applicant to immigration authorities in other contexts (for example, Basis of Claim form, statements made at the port of entry and before the IRB, evidence in response to a procedural fairness letter, etc.)\nthe extent to which the document has been corroborated by trustworthy evidence\nwhether the author was a witness to the events described or whether it consists of hearsay (a legal term describing evidence that is based on the reports of others rather than the personal knowledge of a witness)\nSupporting documents such as identity cards must be examined in light of the applicant’s individualized risk in the country of removal. For example, certain identity cards, such as the United Nations Relief and Works Agency (UNRWA) card, are treated differently by the local authorities depending on the applicant’s nationality and their status in that country. Decision makers should refer to the most recent publicly available information on the documents available on the Country of origin information page .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Weighing the evidence (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-8-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Weighing the evidence", + "marginal_note": "Weighing the evidence", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Decision makers may assess third parties as per paragraph R168(d)  in order to verify their evidence. The credibility of third parties and their evidence should not be conflated with the credibility of the applicant. It is only if the evidence raises a serious issue with respect to the applicant’s credibility that the decision maker should consider whether an oral hearing is required, per R167 ( Huang v. Canada (Citizenship and Immigration) , 2018 FC 940 at paragraph 47).\nFor more information on hearings, see Oral hearings .\nDecision makers must weigh the evidence in a fair and impartial manner, judiciously considering both positive and negative elements. They must clearly explain why one piece of evidence was preferred over another in the written decision. It is not necessary to mention every piece of evidence submitted. However, they must mention evidence that is directly applicable (for example, that mentions the applicant by name) or evidence that squarely contradicts the decision maker’s finding of fact.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Weighing the evidence (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-8-p4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Weighing the evidence", + "marginal_note": "Weighing the evidence", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "PRRA decision makers must be careful to avoid veiled credibility findings. “Veiled credibility findings” refers to when decision makers appear to dismiss the evidence by giving it no weight, but in fact they are questioning the credibility of the evidence provided. For example, if a decision maker assigns some evidence “no weight”, it suggests the evidence is either not credible or has no probative value, or both. Consequently, when the court reviews the record and finds the evidence had probative value, the applicant may successfully argue the decision maker was really challenging the credibility of the evidence, and should have convened an oral hearing. In Balogh v. Canada (Citizenship and Immigration) , 2022 FC 447 , the Federal Court provides a helpful explanation on the distinction between credibility and sufficiency of evidence. \nFor more information on hearings, see Oral hearings .\nNote: Although the RPD does not have to assess the risk of a claimant if their identity is not established, that is not the case in a PRRA. Decision makers have to assess the risk due to the imminent removal of the applicant. In Ladipo v. Canada (Citizenship and Immigration) , 2014 FC 408 , the Federal Court stated that “Whether the applicant’s identity is established to the satisfaction of a PRRA officer or not, the obligation of that officer is to assess the applicant’s risk against the country of removal.”", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Weighing the evidence (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-9", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Standard of proof", + "marginal_note": "Standard of proof", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Establishing the facts – balance of probabilities\nAfter the decision maker has assessed and assigned weight to the evidence, they must decide what facts have been established on a balance of probabilities (that is, are more likely than not to be true). For information on how to apply the appropriate standard of proof, see the Program Delivery Instructions on Decision making: Standard of review and process for making a reasonable decision .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Standard of proof", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-10", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Legal test to be met", + "marginal_note": "Legal test to be met", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Section A96 – serious possibility or reasonable chance\nTo meet the definition of Convention refugee under section A96 , an applicant must establish a subjective fear of persecution and that this fear is objectively well-founded.\nThe objective legal test requires that applicants prove a “reasonable chance”, or a “serious possibility” of persecution on Convention grounds: fear of persecution for reasons of race, religion, nationality, membership in particular social group or political opinion. In other words, while applicants must establish their case on a balance of probabilities, they do not have to establish that persecution would be more likely than not.\nParagraphs A97(1)(a) and (b) - balance of probabilities\nThe same legal test applies to both paragraphs A97(1)(a) and A97(1)(b). In both cases, it must be more likely than not that the risk would occur, meaning that the risk would occur on a balance of probabilities.\nThat means the requisite degree of danger of torture envisaged by the expression “believed on substantial grounds to exist” in paragraph A97(1)(a) is that it is more likely than not.\nSimilarly, the degree of risk to life or risk of cruel or unusual treatment or punishment under paragraph A97(1)(b) must be proven to be more likely than not.\nAlthough the words used to describe the standard of proof – balance of probabilities – are the same as the words used to describe the legal test to be met, these are still 2 distinct steps. An officer must assess the evidence and determine whether a fact has been proven on a balance of probabilities. The officer must also determine whether the legal test under A97(1)(a) or A97(1)(b) has been met by assessing whether it is more likely than not that the risk would occur.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Legal test to be met", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-11", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Self-serving evidence", + "marginal_note": "Self-serving evidence", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "“Self-serving evidence” generally describes evidence that appears to have been created or fabricated for the purpose of bolstering the case. In a broader sense, all testimony and documents a party submits in a proceeding are self-serving to the extent that they are created by or for the party and may be beneficial to their case. A finding that the evidence is self-serving may impact the credibility of the author and/or the weight attributed to the evidence.\nWhile officers are permitted to take self-interest into account when assessing an applicant’s documentary evidence, courts have held that it is an error to dismiss evidence for the sole reason that it is self-serving or that it originated from an applicant’s relatives and/or friends. Evidence from sources close to the applicant and its credibility should be assessed in the same manner as any other documentary evidence. The considerations listed in paragraph 28 of Rahman v. Canada (Citizenship and Immigration) , 2019 FC 941 found below is a non-exhaustive list of factors that may be considered when assessing the weight to be given to evidence that may be considered self-serving:\nthe role of the author played in the events recounted – were they a witness or did the applicant merely recount the events in question to the author\nthe relationship of the author to the applicant – is the author a close family member but, as a witness, nonetheless able to speak independently to the events\nthe content of the witness statement – does it merely parrot the applicant’s evidence or does it have a degree of independence based on the author’s own vantage point, and what was that vantage point\nany inconsistencies between their statement and other objective evidence in the case ", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Self-serving evidence", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-12-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — The risk must not be faced generally – generalized oppressio", + "marginal_note": "The risk must not be faced generally – generalized oppression and crises", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "IRPA provides for protection in cases of generalized oppression or crisis through 2 programs for stays of removal. An Administrative Deferral of Removals (ADR) is a temporary measure when immediate action is needed to temporarily defer removals in situations of humanitarian crisis. The Temporary Suspension of Removals (TSR) program interrupts removals to a country or place when general conditions pose a risk to the entire civilian population. Examples include armed conflict within a country or place or an environmental disaster resulting in a substantial temporary disruption of living conditions. In both programs, the CBSA can remove persons found inadmissible to Canada for criminality, international or human rights violations, organized crime, or security as per subsection R230(3) despite the imposition of an ADR or TSR. The programs and the current list of countries or areas under suspension are found on the CBSA website Enforcing removals from Canada .\nThe application for protection, by contrast, is meant to deal with an allegation of personal risk or one faced by persons in the same situation.\nIn section A97 , the requirement that risk be personal is incorporated into the definition of a person in need of protection. This is not so in section A96 . However, an application for protection based on a situation of generalized oppression may meet the requirements of section A96 if the applicant’s risk is a risk of sufficiently serious harm and is linked to a Convention ground as opposed to general country conditions.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: The risk must not be faced generally – generalized oppression and crises (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-12-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — The risk must not be faced generally – generalized oppressio", + "marginal_note": "The risk must not be faced generally – generalized oppression and crises", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The Federal Court of Appeal has rejected the comparative approach (asking whether the applicant is more disadvantaged than others) in favour of a non-comparative approach that asks whether there is a reasonable chance of serious harm on the basis of 1 of the 5 Convention grounds. On this point, see paragraphs 17 to 19 of Salibian v. Canada (Minister of Employment and Immigration) , [1990] 3 FC 250 .\nIn Fodor v. Canada (Citizenship and Immigration) , 2020 FC 218 , paragraph 19, the Federal Court noted that the Federal Court of Appeal has long held the following opinions:\nA claimant to Convention refugee status:\nneed not show that they have themselves been persecuted in the past\nmay show a fear of persecution through evidence of the treatment afforded to similarly situated persons in the country of origin\nneed not show that they are more at risk than others in their country or other members of their group\nThe Federal Court of Appeal considered the question of indirect persecution in Olobor v. Canada (Citizenship and Immigration) , 2021 FC 1150 at paragraph 39. The Federal Court of Appeal concluded that indirect persecution does not constitute persecution within the meaning of the United Nations 1951 Convention relating to the Status of Refugees (Refugee Convention). Consequently, the fact that family members face persecution does not make an applicant a Convention refugee unless he or she personally meets the definition.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: The risk must not be faced generally – generalized oppression and crises (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-13-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — State protection", + "marginal_note": "State protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Where the applicant faces a risk of persecution, danger of torture, risk to life, or risk of cruel and unusual treatment or punishment, the issue to be determined in every case will be whether the applicant is able to obtain the protection of the state. It is not sufficient to assert a subjective belief that protection is not available. The onus is on the applicant to rebut the presumption of adequate state protection with clear and convincing evidence that, on a balance of probabilities, state protection is inadequate or non-existent (Cervenakova v. Canada (Citizenship and Immigration) , 2021 FC 477 at paragraph 25).\nThe standard to be applied is that state protection must be adequate and effective on an operational level , often referred to by the courts as the “operational adequacy” test.\nOperational adequacy test\nIn order to conclude that state protection exists, a state must be able to provide adequate protection to the applicant at an operational level.\nIn order to determine whether the presumption of state protection has been rebutted, the following factors should be considered:\nthe efforts made by the applicant to obtain protection, including:\nreports made to the authorities\nwhether sufficient details were provided\nfollow-up efforts\nwhether other agencies besides the police were approached\nmeasures taken by the state and the efficacy of those measures, including:\napplicable laws in place\nmechanisms to protect (police, other agencies)\nenforcement efforts including, for example, crime-fighting initiatives\ntangible results including, for example, arrests resulting from crime-fighting initiatives and the impact on crime rates\nany operational difficulties faced by the state authorities\nevidence of similarly situated individuals", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: State protection (part 1 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-13-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — State protection", + "marginal_note": "State protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "particular circumstances of the applicant\nThe assessment of operational adequacy cannot be anecdotal in nature based on a single incident. The evidence must demonstrate that the lack of state protection the applicant might have experienced in the past and/or might fear experiencing upon return in the future is part of a larger pattern that applies to the region or the state rather than a local failure.\nKey points to keep in mind are:\nThe refusal of certain police officers to take action is not sufficient to demonstrate that a state is unable or unwilling to provide protection\nThe refusal to respond had to be institutional in nature or a more general refusal by the police force to provide the protection conferred by the country’s political and judicial institutions\nA standard of “effective” protection to which police forces in Canada aspire should not be imposed on other states\nNo government can guarantee the protection of all of its citizens at all times\nIt is not enough for the applicant to show that the state has not always been effective in protecting similarly-situated persons\n\"Effective protection\" can be difficult where assailants are unknown, even for the most effective and well-resourced police forces\nWhat will meet the standard of operational adequacy will vary with the country and the circumstances of the applicants. It is imperative that the reasons in the decision clearly demonstrate that the decision maker considered the operational effectiveness of state protection in light of the specific circumstances of the applicant. Decisions should always set out the operational adequacy analysis intelligibly and transparently.\nInability or unwillingness to make use of state protection", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: State protection (part 2 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-13-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — State protection", + "marginal_note": "State protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Paragraphs A96(a) and (b) specify that to meet the definition of a Convention refugee, a person who faces a risk of persecution must be unable or, by reason of their fear of persecution, be unwilling to avail themselves of state protection or, if they do not have a country of nationality, must be unable or unwilling to return to their country of former habitual residence by reason of their fear of persecution.\nIn cases of dual nationality, the applicant must establish a well-founded fear of persecution in every country of nationality. For more information, see the section below on Country against which risk is assessed .\nThe terms “unable or, owing to such fear, is unwilling to avail oneself of the protection of that country” are discussed in the Handbook on Procedures and Criteria for Determining Refugee Status and Guidelines on International Protection . The Handbook defines the terms as:\n98. Being unable to avail himself of such protection implies circumstances that are beyond the will of the person concerned. There may, for example, be a state of war, civil war or other grave disturbance, which prevents the country of nationality from extending protection or makes such protection ineffective. Protection by the country of nationality may also have been denied to the applicant. Such denial of protection may confirm or strengthen the applicant's fear of persecution, and may indeed be an element of persecution.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: State protection (part 3 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-13-p4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — State protection", + "marginal_note": "State protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "99. What constitutes a refusal of protection must be determined according to the circumstances of the case. If it appears that the applicant has been denied services (e.g., refusal of a national passport or extension of its validity, or denial of admittance to the home territory) normally accorded to his co-nationals, this may constitute a refusal of protection within the definition.\n100. The term unwilling refers to refugees who refuse to accept the protection of the Government of the country of their nationality. It is qualified by the phrase “owing to such fear”. Where a person is willing to avail himself of the protection of his home country, such willingness would normally be incompatible with a claim that he is outside that country “owing to well-founded fear of persecution”. Whenever the protection of the country of nationality is available, and there is no ground based on well-founded fear for refusing it, the person concerned is not in need of international protection and is not a refugee.\nThe Handbook defines “who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it” as follows:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: State protection (part 4 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-13-p5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — State protection", + "marginal_note": "State protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "101. This phrase, which relates to stateless refugees, is parallel to the preceding phrase, which concerns refugees who have a nationality. In the case of stateless refugees, the “country of nationality” is replaced by “the country of his former habitual residence”, and the expression “unwilling to avail himself of the protection...” is replaced by the words “unwilling to return to it”. In the case of a stateless refugee, the question of “availment of protection” of the country of his former habitual residence does not, of course, arise. Moreover, once a stateless person has abandoned the country of his former habitual residence for the reasons indicated in the definition, he is usually unable to return.\n102. It will be noted that not all stateless persons are refugees. They must be outside the country of their former habitual residence for the reasons indicated in the definition. Where these reasons do not exist, the stateless person is not a refugee.\n103. Such reasons must be examined in relation to the country of “former habitual residence” in regard to which fear is alleged. This was defined by the drafters of the 1951 Convention as “the country in which he had resided and where he had suffered or fears he would suffer persecution if he returned”.\n104. A stateless person may have more than one country of former habitual residence, and he may have a fear of persecution in relation to more than one of them. The definition does not require that he satisfies the criteria in relation to all of them.\n105. Once a stateless person has been determined a refugee in relation to “the country of his former habitual residence”, any further change of country of habitual residence will not affect his refugee status.\nPotential country of reference", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: State protection (part 5 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-13-p6", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — State protection", + "marginal_note": "State protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "A person may not have to be a citizen of a potential country of reference, but may have a right to acquire citizenship by application. The condition of not having a country of nationality must be beyond the power of the applicant to control.\nCountry of reference for stateless persons\nIf stateless, the country of reference is the country of former habitual residence (CFHR)\nIf there is more than 1 CFHR, the applicant must be at risk in at least 1 CFHR (but not necessarily all)\nAbility to return legally not required\nApplicant must be unable or unwilling to return to any CFHR\nIf applicant can safely return to any CFHR, then they are not in need of protection\nFor more information on assessing risk for a stateless person, see the section below on Country against which risk is assessed .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: State protection (part 6 of 6)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-14-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Internal flight alternative", + "marginal_note": "Internal flight alternative", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "When considering an application for protection, the decision maker must be alert to the possibility that the applicant, although at risk in 1 part of the country, might reasonably be expected to obtain protection at some other location within that country. In such a situation, the applicant can be denied protection because they could avail themselves of an “internal flight alternative” (IFA). An IFA must be a realistic and attainable option, accessible without great physical danger or undue hardship. It must offer stable protection from the risk, where there is an established authority to which the person can turn for recourse.\nThe test to be applied in determining whether there is an IFA involves 2 parts. First, the decision maker must be satisfied on a balance of probabilities that there is no serious possibility of the applicant being persecuted in the location of the IFA. Second, conditions in the location of the IFA must be such that it would not be unreasonable for the applicant to seek refuge there, in all the circumstances, including those particular to the applicant.\nThe burden of establishing that an IFA is not a viable option rests with the applicant. When assessing the reasonableness of the IFA, the decision maker should consider the particular circumstances of the person and of the country involved to establish whether it would be unreasonable to require a person to return to some part of the State. Elements such as convenience or preference of the applicant to live in a particular part of the country should not render an IFA unreasonable.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Internal flight alternative (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-14-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Internal flight alternative", + "marginal_note": "Internal flight alternative", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "While there may be similarities between the factors considered under the IFA test and the hardship factors considered in a humanitarian and compassionate (H&C) application, these are 2 procedures governed by different objectives and considerations. For instance, separation from family may be relevant in an H&C application but, in an IFA assessment, hardships flowing from separation from relatives would only render an IFA unreasonable if an applicant's life or safety would be jeopardized. The standard for demonstrating that an IFA is unreasonable is high. The applicant must present actual and concrete evidence of the existence of conditions that would jeopardize their life or safety if they were to relocate to the location of the IFA.\nWhere a decision maker examines an IFA in a new or previously unconsidered location, (that is, the IFA was not considered in a previous RPD/RAD/PRRA decision), in the spirit of natural justice, the decision maker should provide reasonable notice to the applicant that the IFA with a specific city or region is being considered giving them the opportunity to rebut. See the Federal Court decision Moreno v. Canada (Citizenship and Immigration) , 2015 FC 1224 for more details.\nFor more information on internal flight alternatives, please consult the IRB’s online resource Interpretation of Convention Refugee and Person in Need of Protection in the Case Law, Chapter 8 – Internal flight alternative .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Internal flight alternative (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-15-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Compelling reasons", + "marginal_note": "Compelling reasons", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The concept of “compelling reasons” is set out in subsection A108(4) . This provision allows refugee protection to be conferred on humanitarian grounds to the special and limited category of persons who “have suffered such appalling persecution that their experience alone is a compelling reason not to return them, even though they may no longer have any reason to fear further persecution” ( Ortiz v. Canada (Minister of Citizenship and Immigration) , 2006 FC 1365 at paragraph 60).\nSubsection A108(1) states:\n108 (1)  A claim for refugee protection shall be rejected, and a person is not a Convention refugee or a person in need of protection, in any of the following circumstances:\n(a)  the person has voluntarily reavailed themself of the protection of their country of nationality;\n(b)  the person has voluntarily reacquired their nationality;\n(c)  the person has acquired a new nationality and enjoys the protection of the country of that new nationality;\n(d)  the person has voluntarily become re-established in the country that the person left or remained outside of and in respect of which the person claimed refugee protection in Canada; or\n(e)  the reasons for which the person sought refugee protection have ceased to exist\nAt the same time, subsection A108(4) provides that:\n108(4) Paragraph (1)(e) does not apply to a person who establishes that there are compelling reasons arising out of previous persecution, torture, treatment or punishment for refusing to avail themselves of the protection of the country which they left, or outside of which they remained, due to such previous persecution, treatment or punishment", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Compelling reasons (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-15-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Compelling reasons", + "marginal_note": "Compelling reasons", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The 1951 Refugee Convention contained cessation of refugee status clauses, which were adopted by federal legislation under the 1976 Immigration Act and in IRPA . In general, a person who has obtained refugee status in a country of protection can have that status ceased if certain conditions of re-availment, re-establishment or reacquiring the protection of the country of origin were met, as per paragraphs A108(1)(a) to (d) . \nHowever, there is a notable exception to the finding that a person’s refugee status has ceased if the reasons for which the person sought protection have ceased to exist and if there are compelling reasons arising out of the previous persecution for refusing to avail themselves of the protection of the country of origin, as indicated in paragraph A108(1)(e) and subsection A108(4) .\nIn Canada (Minister of Employment and Immigration) v. Obstoj (C.A.) , [1992] 2 FC 739 (FCA) , the Federal Court of Appeal found that Parliament did not intend to restrict the compelling reasons subsection to strictly the cessation context of the Act, but to the entire Canadian refugee determination system. Thus, a compelling reasons analysis could be raised in the context of PRRA decisions where certain conditions are met. First, the applicant must establish that, at some point in time, they met the definition of a Convention refugee or person in need of protection. Second, there must have been a change in circumstances such that the reasons for which the person sought refugee protection have ceased to exist. Where these conditions are met, the decision maker should consider whether there are compelling reasons to grant refugee protection. ", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Compelling reasons (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-15-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Compelling reasons", + "marginal_note": "Compelling reasons", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "In Yamba v. Canada (Minister of Citizenship and Immigration) , (2000) 254 NR 388 (FCA) , the Federal Court of Appeal held that where there is past persecution coupled with a change in country conditions, the decision maker must consider if the evidence establishes compelling reasons not to return the person to the country of origin. This obligation arises whether or not the applicant raises the exception, although the burden is on the applicant to adduce sufficient evidence to benefit from that provision.\nTherefore, decision makers must ask themselves:\nDid the applicant face persecution, torture, treatment or punishment at one point in the past such that they met the definition of a Convention refugee or a person in need of protection?\nWas there a change in the country conditions resulting in the disappearance of the reason for which the person faced persecution, torture, treatment or punishment?\nAre there any compelling reasons, based on previous persecution or mistreatment, to grant protection?\nIn order to establish if the reasons raised by the applicant are “compelling reasons”, this excerpt from the 2016 decision in Moya v. Canada (Citizenship and Immigration) , 2016 FC 315 gives guidance:\n[121] With respect to the threshold, if any, which applies to determine whether, on the facts, compelling reasons have been established, Justice Crampton acknowledged the interpretation in Suleiman. He noted (at para 51) that the requirements of subsection 108(4) may be met when past persecution is not demonstrated to be appalling or atrocious, but highlighted that these situations must be “truly exceptional or extraordinary” relative to other cases.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Compelling reasons (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-15-p4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Compelling reasons", + "marginal_note": "Compelling reasons", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "[122] This is consistent with the underlying principle that the exception applies to a “tiny minority” of refugee claimants. […]\n[127] The RAD first identified its task as “to establish whether the claimant’s particular case can be distinguished from cases of persecution that do not fall under s.108(4),” noting that this is a question of fact. The RAD then referred to the guidance from the case law that has established that the compelling reasons exception is applicable in exceptional circumstances. It also cited the jurisprudence that refers to appalling and atrocious persecution. The RAD did not, however, limit its consideration of compelling reasons to the narrower category of appalling and atrocious persecution; the RAD considered whether the past persecution described by the applicant, in comparison to other cases, reached the threshold where the exception had and had not been established. Although several of those cases refer to appalling persecution as the threshold, there is no error in imposing a high threshold as all the jurisprudence consistently notes this requirement.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Compelling reasons (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-16", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Factors that could lead to a rejection of the application", + "marginal_note": "Factors that could lead to a rejection of the application", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "All protection grounds must be considered and applied, and reasons given in respect of all grounds in coming to a determination that the application be rejected. The factors defined above and listed below are not an exclusive list, but they cover common reasons for rejecting applications, under all grounds of protection:\nharm feared is not serious\nharm feared is the law of general application, lawfully imposed, fitting international standards\nharm feared is not objectively supported\nthere is effective state protection at an operational level\nthere is a reasonable IFA\nthe applicant possesses status in another country where they can be returned\nrisk is caused by the inability of that country to provide adequate health or medical care", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Factors that could lead to a rejection of the application", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-17-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Country against which risk is assessed", + "marginal_note": "Country against which risk is assessed", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The PRRA decision maker must examine risk with respect to the country to which the applicant is being removed. The CBSA removals officer determines the country of removal in accordance with section R241 .\nShould the PRRA decision maker be uncertain about the country of removal, or if they have questions regarding the country of removal that was selected (for example, the IRB found the applicant to be excluded under Article 1E of the Refugee Convention and there is indication that their status in the Article 1E country is still valid), they should discuss the case with their manager to see if the manager should seek clarifications from the CBSA regarding the country of removal and whether the applicant has been informed accordingly of the country to which they are being removed. The decision maker should not proceed with the risk assessment until they have discussed with their manager.\nThere may be circumstances in which an officer may need to consider risk in the country of nationality or of habitual residence, even if these are not the country of removal, in addition to considering risk in the country of removal. For example, this may be required in cases where the applicant is stateless, or in cases where, per section A98 , a decision maker needs to assess whether Article 1E applies. In all cases, before proceeding with assessing risk in a country that is not the country of removal, the manager should seek guidance by sending a request to the Asylum Branch (AB).\nCountry of nationality or citizenship or habitual residence", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Country against which risk is assessed (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-17-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Country against which risk is assessed", + "marginal_note": "Country against which risk is assessed", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The definitions of “Convention refugee” and “person in need of protection” confine the protection to persons who are outside their country of origin. The definitions include distinctions between persons who have a country of nationality and persons who do not; the latter may seek international protection when they are outside their country of former habitual residence. In cases where the applicant has multiple nationalities, the decision maker must examine the need for protection with respect to all countries if an application is to be allowed. If the applicant is not at risk in 1 of their countries of nationality, then the application is to be rejected in accordance with section A96 and section A97 . Per Martinez Cabrales v. Canada (Citizenship and Immigration) , 2019 FC 1178 at paragraph 53:\n[53] … This Court has previously held that in the case of dual nationals, the RPD properly may refuse to analyze a secondary country of reference where it finds no risk in the first such country: Harris v Canada (MCI) , 1997 CanLII 5567.\nThis principle is applicable even if the applicant has never entered or lived in 1 of the countries of nationality.\nWhere citizenship in another country is available, an applicant is expected to make attempts to acquire it and will be denied refugee protection if it is shown that it is within their power to acquire that other citizenship. If multiple nationalities are an issue and this issue was not raised during the determination of the person’s refugee claim, the applicant should be given the opportunity to address this and obtain evidence that has not been raised as part of their submissions. Decision makers must follow procedural fairness throughout the process to ensure the applicant has been given the opportunity to respond. ", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Country against which risk is assessed (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-17-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Country against which risk is assessed", + "marginal_note": "Country against which risk is assessed", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The expectation to acquire available citizenship includes the situation of a person who must renounce citizenship in the country of persecution in order to acquire citizenship in another. For the PRRA, the person should be deemed to be a citizen of the country in which they have a claim to citizenship. The operative principle is whether it is within the Applicant’s power to obtain citizenship as of right as long as established procedures are followed. The Federal Court states in Lobsang v. Canada (Citizenship and Immigration) , 2021 FC 131 at paragraphs 27 to 28:\n[27] The burden is on the Applicant to establish that access to citizenship is not within his control: Canada (Citizenship and Immigration) v Williams , 2005 FCA 126 at paras 21-22, 27 [ Williams ]; Tretsetsang at paras 6-7, 67.\n[28] Where citizenship in another country is available, claimants are expected to attempt to acquire it. This approach is consistent with the principle that international protection is to serve as surrogate protection and that the only valid reason for a potential refugee to be unwilling to avail himself of the protection of a country of nationality is based on a well-founded fear of persecution in that country: Williams at para 27; Tretsetsang at 68-71.\nWith respect to stateless persons who have multiple countries of former habitual residence, the Federal Court in Alhaddad v. Canada (Citizenship and Immigration) , 2019 FC 655 at paragraph 22 states that:\n[22] The decision of the Federal Court of Appeal in Thabet sets out the approach for determining Convention refugee claims for stateless persons, who have habitually resided in more than one (1) country:\n…", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Country against which risk is assessed (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-17-p4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Country against which risk is assessed", + "marginal_note": "Country against which risk is assessed", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "In order to be found to be a Convention refugee, a stateless person must show that, on a balance of probabilities he or she would suffer persecution in any country of former habitual residence, and that he or she cannot return to any of his or her other countries of former habitual residence.\n( Thabet at para 30.)\nIn all cases, before proceeding with assessing risk in a country that is not the country of removal, the manager should seek guidance by sending a request to the Asylum Branch (AB).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Country against which risk is assessed (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-33-18", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Processing procedures an — Refugees “ sur place ”", + "marginal_note": "Refugees “ sur place ”", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Paragraphs 94 to 96 of the Handbook on Procedures and Criteria for Determining Refugee Status and Guidelines on International Protection , states the following:\n94.The requirement that a person must be outside his country to be a refugee does not mean that he must necessarily have left that country illegally, or even that he must have left it on account of well-founded fear. He may have decided to ask for recognition of his refugee status after having already been abroad for some time. A person who was not a refugee when he left his country, but who becomes a refugee at a later date, is called a refugee “ sur place ” .\n95. A person becomes a refugee “ sur place ” due to circumstances arising in his country of origin during his absence. Diplomats and other officials serving abroad, prisoners of war, students, migrant workers and others have applied for refugee status during their residence abroad and have been recognized as refugees.\n96. A person may become a refugee “ sur place ” as a result of his own actions, such as associating with refugees already recognized, or expressing his political views in his country of residence. Whether such actions are sufficient to justify a well-founded fear of persecution must be determined by a careful examination of the circumstances. Regard should be had in particular to whether such actions may have come to the notice of the authorities of the person's country of origin and how they are likely to be viewed by those authorities.\nThe concept of a refugee “ sur place ” relates to the person’s well-founded fear of persecution and therefore should be considered pursuant to section A96 . An example of a refugee “ sur place ” would be when a person converted to another religion while in Canada, and adherents of that religion face persecution in their country of origin.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Refugees “ sur place ”", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-procedures-guidelines-applicable-cases.html" + }, + { + "id": "pdi-refugee-34-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Applicant restrictions on access to protecti", + "marginal_note": "Pre-removal risk assessment (PRRA): Applicant restrictions on access to protection", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nPre-removal risk assessment (PRRA) applicants who are described in subsection 112(3) of the Immigration and Refugee Protection Act (IRPA) have restricted access to protection. Approved subsection A112(3) applicants do not become protected persons, they benefit only from a reviewable stay of removal .\nSubsection A112(3) applications are assessed on the basis of factors set out in section A97 only.\nNotwithstanding the above, those who are also described in paragraph A113(e) shall benefit from an assessment on the basis of factors set out in sections A96 and A97 , if no exclusion under Article 1F of the United Nations 1951 Convention relating to the Status of Refugees (Refugee Convention) applies ( section A98 ).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Pre-removal risk assessment (PRRA): Applicant restrictions on access to protection", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-applicant-restrictions-on-access-protection.html" + }, + { + "id": "pdi-refugee-34-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Applicant restrictions o — On this page", + "marginal_note": "On this page", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Establishing that an applicant is described in subsection A112(3)\nSubsection A112(3) applicants who are also described in paragraph A113(e)\nConsideration of PRRA applications from persons inadmissible for serious criminality: former versus current legislation\nProcedures: subsection A112(3) applicants\nApplicant not described in section A97 nor [if applicant falls under paragraph A113(e)] in section A96 after risk assessment\nApplicant described in section A97 or [if applicant falls under paragraph A113(e)] in section A96, including senior immigration officer and CBSA removals officer responsibilities\nCoordination between the CBSA Danger Assessments and National Security Cases (DANSC) and Immigration, Refugees and Citizenship Canada (IRCC) Migration Integrity Operations Branch (MIOB)\nPreparation of restriction assessments\nDisclosure\nProcedural fairness\nReceipt of submissions\nDecision and delivery\nMinisterial stay of removal\nAnnex A – PRRA applications from persons inadmissible for serious criminality: former versus current legislation", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-applicant-restrictions-on-access-protection.html" + }, + { + "id": "pdi-refugee-34-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Applicant restrictions o — Establishing that an applicant is described in subsection A1", + "marginal_note": "Establishing that an applicant is described in subsection A112(3)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "An applicant is described in subsection A112(3) only if they meet 1 of the following conditions:\nhave been determined to be inadmissible on grounds of section A34 security, section A35 human or international rights violations, or section A37 organized criminality\nhave been determined to be inadmissible on grounds of subsection A36(1) serious criminality, due to 1 of the following:\na conviction in Canada punishable by a maximum term of imprisonment of at least 10 years\na conviction outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of at least 10 years\nhave had a refugee claim rejected on the basis of Article 1F\nhave been named in a certificate referred to in subsection A77(1)\nA finding that a person is described in paragraphs A112(3) (a) or (b) requires a determination of inadmissibility based on grounds set out in 1 of those paragraphs, even where the person is already the subject of a removal order on other grounds.\nA Canada Border Services Agency (CBSA) officer should identify an applicant described in subsection A112(3) upon PRRA initiation, and inform the applicant accordingly. This ensures procedural fairness as the applicant needs to know the case to be met and the impact of receiving a restricted PRRA. The CBSA officer must also ensure that all documents used to determine that the applicant is described in subsection A112(3) are available to the PRRA decision maker for the PRRA.\nThe PRRA decision maker will make a risk assessment based on relevant and up to date information. Should a PRRA decision maker be uncertain – before or during an assessment – as to whether an applicant is described in subsection A112(3) , they should discuss the case with their manager to see if it needs to return to the CBSA for clarification. In certain circumstances such as priority cases, it may be more expedient for the PRRA decision maker to do the subsection A112(3) determination themselves, provided it does not raise any procedural fairness concerns (for example, the applicant was told by the CBSA that their assessment would be restricted to section A97 , but the PRRA decision maker determines that they are in fact entitled to both sections A96 and A97).\nFor information on how PRRA decision makers should proceed to make Article 1F exclusions, see Exclusions .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Establishing that an applicant is described in subsection A112(3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-applicant-restrictions-on-access-protection.html" + }, + { + "id": "pdi-refugee-34-3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Applicant restrictions o — Subsection A112(3) applicants who are also described in para", + "marginal_note": "Subsection A112(3) applicants who are also described in paragraph A113(e)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "PRRA applications submitted by persons described in subsection A112(3) , who are also described in paragraph A113(e) , are processed in the same way as other subsection A112(3) applications, with a key distinction : both sections A96 and A97 are applied in the risk assessment. Paragraph A113(e) states:\n113  Consideration of an application for protection shall be as follows:\n(e)  in the case of the following applicants, consideration shall be on the basis of sections 96 to 98 and subparagraph (d)(i) or (ii), as the case may be:\n(i)  an applicant who is determined to be inadmissible on grounds of serious criminality with respect to a conviction in Canada punishable by a maximum term of imprisonment of at least 10 years for which a term of imprisonment of less than two years — or no term of imprisonment — was imposed, and\n(ii)  an applicant who is determined to be inadmissible on grounds of serious criminality with respect to a conviction of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, unless they are found to be a person referred to in section F of Article 1 of the Refugee Convention.\nFor more information on the application of section A98 and its related Article 1F exclusion, see Exclusions .\nIt is important to carefully note the length of time by which a particular offence can be punishable when verifying if an applicant falls under subsection A112(3) because some Criminal Code sentences are less than 10 years , or up to , not exceeding or not more than 10 years , or 10 years or more . A 1 day difference can determine if an applicant falls under subsection A112(3) or not.\nConsideration of PRRA applications from persons inadmissible for serious criminality: former versus current legislation\nPlease refer to table in Annex A – PRRA applications from persons inadmissible for serious criminality: former versus current legislation .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Subsection A112(3) applicants who are also described in paragraph A113(e)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-applicant-restrictions-on-access-protection.html" + }, + { + "id": "pdi-refugee-34-4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Applicant restrictions o — Procedure: subsection A112(3) applicants", + "marginal_note": "Procedure: subsection A112(3) applicants", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Applicant not described in section A97 nor [if applicant falls under paragraph A113(e)] in section A96 after risk assessment\nIf the risk assessment is negative, the application is rejected.\nNeither the Act nor the Regulations say compelling reasons can be considered for subsection A112(3) decisions. In Lozano Caceres v. Canada (Citizenship and Immigration) , 2022 FC 179 , the Federal Court asserted that if the applicant is inadmissible due to serious criminality, subsection A108(1) does not apply and the PRRA decision maker therefore does not have to consider subsection A108(4) .\nApplicant described in section A97 or [if applicant falls under paragraph A113(e)] in section A96\nSenior immigration officer’s responsibility\nThe senior immigration officer sends their positive risk assessment, and any supporting documentation, to the CBSA removals office.\nNote: The senior immigration officer must save to file and in Global Case Management System (GCMS) all documentation relevant to their risk assessment.\nCBSA removals officer’s responsibilities\nThe CBSA removals officer prepares supporting documentation regarding the restrictions set out in paragraphs A112(3)(a), (b), (c) or (d) and subparagraphs A113(d)(i) or (ii) and paragraph A113(e) , as applicable, and sends it, along with the risk assessment and submissions in all subsection A112(3) cases, to the manager of the Danger Assessments and National Security Cases Unit (DANSC), Immigration Enforcement Case Management Division, CBSA.\nIn situations where the case must be dealt with on an urgent basis, due to the fact that the person is detained on immigration hold, or is expected to be released from criminal detention within 1 year, the CBSA removals officer must clearly note the following information on the referral slip:\nthe date of release from incarceration\nwhere and by whom the applicant is being detained", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Procedure: subsection A112(3) applicants", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-applicant-restrictions-on-access-protection.html" + }, + { + "id": "pdi-refugee-34-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Applicant restrictions o — Coordination between the CBSA Danger Assessments and Nationa", + "marginal_note": "Coordination between the CBSA Danger Assessments and National Security Cases (DANSC) and Immigration, Refugees and Citizenship Canada (IRCC) Migration Integrity Operations Branch (MIOB)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Preparation of restriction assessments\nThe restriction assessment, in accordance with paragraph 172(2)(b) of the Immigration and Refugee Protection Regulations (IRPR), is an assessment of the danger the applicant constitutes to the public or to the country’s security, or of the nature or severity of the acts committed by the applicant. The senior decision maker is to balance this assessment against the risks the applicant will face in determining whether the applicant should be removed from Canada.\nIRCC MIOB analysts prepare paragraph R172(2)(b) restriction assessments for cases under paragraph A112(3)(b) that deal with subsection A36(1) . In addition, the CBSA DANSC forwards cases under paragraphs A112(3)(c) that deal with Article 1F(b) exclusion to the Complex Case Management Division (CCMD) at IRCC MIOB for processing. A MIOB CCMD analyst reviews the case and prepares a paragraph R172(2)(b) restriction assessment.\nThe CBSA DANSC analysts prepare paragraph R172(2)(b) restriction assessments for cases under paragraphs A112(3)(a) and (d) that deal with sections A34, A35, A37 , or paragraph A112(3)(c) that deals with Article 1F(a) .\nFor hybrid cases involving both paragraphs A112(3)(a), (c) or (d) and paragraph A112(3)(b) cases, the paragraph R172(2)(b) restriction assessments will be coordinated by IRCC MIOB and CBSA DANSC prior to disclosure to the applicant.\nDisclosure\nThe IRCC MIOB analyst returns the assessments referred to in paragraphs R172(2)(a) and (b) , including the supporting documentation to the CBSA DANSC. DANSC in turn sends it to the regional CBSA removals office for disclosure. The regional CBSA will disclose the risk and restriction assessments, as well as all documentation used by the decision maker to the applicant.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Coordination between the CBSA Danger Assessments and National Security Cases (DANSC) and Immigration, Refugees and Citizenship Canada (IRCC) Migration Integrity Operations Branch (MIOB) (part 1 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-applicant-restrictions-on-access-protection.html" + }, + { + "id": "pdi-refugee-34-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Applicant restrictions o — Coordination between the CBSA Danger Assessments and Nationa", + "marginal_note": "Coordination between the CBSA Danger Assessments and National Security Cases (DANSC) and Immigration, Refugees and Citizenship Canada (IRCC) Migration Integrity Operations Branch (MIOB)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Note: In exceptional cases, information may be used that cannot be disclosed to the person concerned where the disclosure of this information would be injurious to national security or endanger the safety of any person. In such circumstances, all efforts will be made to provide as much information as possible to the person concerned and to limit the amount of undisclosed information to be considered.\nUpon disclosing the risk and restriction package to the applicant, the regional CBSA office will communicate with IRCC MIOB to:\nadvise once the package has been disclosed to the applicant and their representative\nprovide an electronic copy of the disclosure letter that has been signed by the applicant\nprovide the date by which the written submissions by the applicant are to be received (15 days)\nadvise when they receive written submissions (or fail to receive them)\nProcedural fairness\nThe applicant has 15 days to respond in writing to the information disclosed, sending their submissions directly to the CBSA removals office. Should the applicant or their representative ask for an extension to the 15-day period, the CBSA office will forward the request to DANSC, who will ask IRCC MIOB if they wish to grant the request. MIOB usually agrees to a short period only, barring exceptional circumstances. In rare cases the CBSA will make the extension decision instead of MIOB.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Coordination between the CBSA Danger Assessments and National Security Cases (DANSC) and Immigration, Refugees and Citizenship Canada (IRCC) Migration Integrity Operations Branch (MIOB) (part 2 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-applicant-restrictions-on-access-protection.html" + }, + { + "id": "pdi-refugee-34-5-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Applicant restrictions o — Coordination between the CBSA Danger Assessments and Nationa", + "marginal_note": "Coordination between the CBSA Danger Assessments and National Security Cases (DANSC) and Immigration, Refugees and Citizenship Canada (IRCC) Migration Integrity Operations Branch (MIOB)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "If the extension request comes after the due date, and the PRRA package is already assigned to the senior decision maker, the CBSA removals officer should contact the applicant or representative. The CBSA removals officer should advise them that even though a late submission cannot be refused, there is no guarantee that it will be considered, as it may reach the decision maker after a decision has already been made. The CBSA removals officer should also inform IRCC MIOB so that the senior decision maker can take the submissions into account before finalizing the decision or sending it for delivery.\nReceipt of submissions\nUpon receipt of the applicant’s submissions, the CBSA removals officer will forward them to the CBSA DANSC, who will forward them to IRCC MIOB. Should the submissions be received by IRCC Social Immigration Operations Division (SIOD) office, they should be sent to the CBSA regional office for action. At MIOB, the documents will be reviewed, and, if necessary, modifications will be made to the paragraph R172(2)(b) assessment.\nA new disclosure will be required if any modifications are made following the same steps as previously stated. Once finalized, the entire package will be provided to the senior decision maker at MIOB to render a decision.\nDecision and delivery", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Coordination between the CBSA Danger Assessments and National Security Cases (DANSC) and Immigration, Refugees and Citizenship Canada (IRCC) Migration Integrity Operations Branch (MIOB) (part 3 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-applicant-restrictions-on-access-protection.html" + }, + { + "id": "pdi-refugee-34-5-p4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Applicant restrictions o — Coordination between the CBSA Danger Assessments and Nationa", + "marginal_note": "Coordination between the CBSA Danger Assessments and National Security Cases (DANSC) and Immigration, Refugees and Citizenship Canada (IRCC) Migration Integrity Operations Branch (MIOB)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "According to a 2015 Federal Court decision in Thiruchelvam v. Canada (Citizenship and Immigration) , 2015 FC 585 , the risk assessment must be timely to meet the legislator’s intent to ensure procedural fairness. In the case cited, 6 years between the date of the risk assessment and the balancing of the factors set out in paragraph A113(d) was determined to be too long. Consequently, if a significant amount of time has passed since the initial assessment, the decision maker should turn their mind to the current circumstances of the case and present any findings/changes to the applicant through procedural fairness. This may be done by the originating senior immigration officer or an analyst at IRCC MIOB. In determining whether a reassessment is needed, decision makers should consider the length of the delay since the original risk assessment and the relative stability of the relevant country conditions. Decision makers assigned to these applications should discuss the case with their manager, and if necessary request functional guidance from the Asylum Branch (AB).\nThe senior decision maker considers the assessments, the supporting documentation and the applicant’s submissions and renders a decision on the application to refuse or grant a Ministerial stay of removal as well as record it in the appropriate systems. MIOB then provides the decision via the CBSA DANSC, to the CBSA removals office. Upon receipt of the decision, the CBSA removals officer calls in the applicant and delivers the decision in person.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Coordination between the CBSA Danger Assessments and National Security Cases (DANSC) and Immigration, Refugees and Citizenship Canada (IRCC) Migration Integrity Operations Branch (MIOB) (part 4 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-applicant-restrictions-on-access-protection.html" + }, + { + "id": "pdi-refugee-34-5-p5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Applicant restrictions o — Coordination between the CBSA Danger Assessments and Nationa", + "marginal_note": "Coordination between the CBSA Danger Assessments and National Security Cases (DANSC) and Immigration, Refugees and Citizenship Canada (IRCC) Migration Integrity Operations Branch (MIOB)", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Note: According to IL3 – Designation of Officers and Delegation of Authority , positive decisions on subsection A112(3) files fall within the delegation of senior decision makers at MIOB. However, if an applicant with a decision pending at MIOB is no longer excluded under Article 1F or inadmissible under section A34 , section A35 , subsection A36(1) or section A37 of IRPA, the file should be sent back to SIOD for assignment to a senior immigration officer.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Coordination between the CBSA Danger Assessments and National Security Cases (DANSC) and Immigration, Refugees and Citizenship Canada (IRCC) Migration Integrity Operations Branch (MIOB) (part 5 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-applicant-restrictions-on-access-protection.html" + }, + { + "id": "pdi-refugee-34-6", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Applicant restrictions o — Ministerial stay of removal", + "marginal_note": "Ministerial stay of removal", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "A ministerial stay under paragraph A114(1)(b) results if it is determined that the need for protection for a person described in subsection A112(3) outweighs 1 of the following:\nthe danger to the public in Canada\nthe danger to the security of Canada\nthe nature or severity of the acts committed by the applicant\nSuch stays are subject to review to determine whether the circumstances surrounding a stay have changed. This typically involves an assessment of whether country conditions have changed and the person’s risk under section A97 . It may also involve assessing, as per subparagraphs A113(d)(i)&(ii) , whether the person has engaged in behaviour that could change the weight given in the balancing of risk and danger to factors related to danger to the public, the nature and severity of acts committed, or the danger that they constitute to the security of Canada. Section R173 outlines procedural requirements of this re-examination.\nFor information on the duration of regulatory and ministerial stays, reviewing ministerial stays, change in circumstances and the process to review, see Removals and stay of removal", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Ministerial stay of removal", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-applicant-restrictions-on-access-protection.html" + }, + { + "id": "pdi-refugee-34-7", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Applicant restrictions o — Annex A – PRRA applications from persons inadmissible for se", + "marginal_note": "Annex A – PRRA applications from persons inadmissible for serious criminality: former versus current legislation", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The following tables highlight the changes between the former and the current legislation as well as the sections of the IRPA under which the applications will be assessed for risk:\nConsideration of PRRA applications – senior immigration officer reviews the application\nPRRA applicants who have been determined inadmissible for serious criminality\nPRRA received before December 15, 2012\nPRRA received on or after December 15, 2012\nIn-Canada conviction punishable by 10 or more years and received a sentence of 2 or more years\nSection A97 only\nSection A97 only\nIn-Canada conviction punishable by 10 or more years and received a sentence of less than 2 years\nSections A96 to A98\nSections A96 to A98\nOutside Canada conviction that, if committed in Canada, would be punishable by 10 or more years\nSection A97 only\nSections A96 to A98 (unless they are found to be a person referred to in Article 1F of the Refugee Convention)\nFor more information on the application of section A98 and its related Article 1F exclusion, see Exclusions .\nMigration Integrity Operations Branch makes the final decision for risk / danger balancing after the senior immigration officer refers the case via the CBSA\nPRRA applicants who have been determined inadmissible for serious criminality\nPRRA received before December 15, 2012\nPRRA received on or after December 15, 2012\nIn-Canada conviction punishable by 10 or more years and received a sentence of 2 or more years\nYes\nYes\nIn-Canada conviction punishable by 10 or more years and received a sentence of less than 2 years\nN/A (application was approved by the officer)\nYes\nOutside Canada conviction that, if committed in Canada, would be punishable by 10 or more years\nYes\nYes\nDoes an approved application confer protected person status?\nPRRA applicants who have been determined inadmissible for serious criminality\nPRRA received before December 15, 2012\nPRRA received on or after December 15, 2012\nIn-Canada conviction punishable by 10 or more years and received a sentence of 2 or more years\nNo\nNo\nIn-Canada conviction punishable by 10 or more years and received a sentence of less than 2 years\nYes\nNo\nOutside Canada conviction that, if committed in Canada, would be punishable by 10 or more years\nNo\nNo", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Annex A – PRRA applications from persons inadmissible for serious criminality: former versus current legislation", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-applicant-restrictions-on-access-protection.html" + }, + { + "id": "pdi-refugee-35-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions", + "marginal_note": "Pre-removal risk assessment (PRRA): Exclusions", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThis section provides guidance regarding the exclusion clauses in the United Nations 1951 Convention relating to the Status of Refugees (Refugee Convention) and how they apply in the context of Pre-removal Risk Assessment (PRRA).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Pre-removal risk assessment (PRRA): Exclusions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — On this page", + "marginal_note": "On this page", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Overview\nAuthority to assess exclusions\nWhen to consider an exclusion\nAssessing Article 1F exclusions in a PRRA\nArticle 1F: General\nArticle 1F(a): Crime against peace, war crime, or crime against humanity\nArticle 1F(b): Serious non-political crime\nArticle 1F(c): Acts contrary to the purposes and principles of the United Nations\nFurther resources\nModes of liability, Ezokola and defences\nModes of liability\nThe Ezokola test\nDefences\nProcessing exclusions in a PRRA context\nImpact of the Article 1F exclusion clause assessment", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — Overview", + "marginal_note": "Overview", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The exclusion clauses are an integral part of the definition of a Convention refugee set out in the Refugee Convention. They provide that persons are excluded from refugee status if they fall under 1 of these clauses.\n2 of the exclusion clauses contained in the Refugee Convention are incorporated into Canadian law and are contained in the Schedule of the Immigration and Refugee Protection Act (IRPA).\nArticle 1E of the Refugee Convention deals with persons who are not considered to be in need of protection\nArticle 1F of the Refugee Convention deals with persons who are not considered to be deserving of protection\nSection 98 of IRPA confirms that persons described under either of these clauses are excluded from refugee protection in Canada. Persons described under Article 1F may benefit from access to a restricted PRRA. In such cases, their applications are assessed only on the basis of factors set out in section A97 . If approved, they benefit only from a reviewable stay of removal rather than from protected person status.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Overview", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — Authority to assess exclusions", + "marginal_note": "Authority to assess exclusions", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "A PRRA decision maker has the authority to make an exclusion finding. In many cases where an exclusion clause applies, an exclusion finding is made by the Refugee Protection Division (RPD) or Refugee Appeal Division (RAD) when a claim for refugee protection is referred to the Immigration and Refugee Board of Canada (IRB). However, the PRRA decision maker must assess whether an exclusion applies in cases where a person has never made a refugee claim or has but it was ineligible to be referred to the RPD, or where a situation of exclusion has arisen or been identified by the time of a PRRA determination.\nThe Federal Court of Appeal in Canada (Citizenship and Immigration) v. Li , 2010 FCA 75 ( Li ) confirmed the authority of a PRRA decision maker to determine that an applicant is a person described in Article 1F . Although the Li case only dealt with exclusion under Article 1F, its conclusion with respect to the authority of a PRRA decision maker to make an exclusion finding applies equally to exclusions under Article 1E .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Authority to assess exclusions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — When to consider an exclusion", + "marginal_note": "When to consider an exclusion", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "When assessing PRRA applications, the PRRA decision maker must, in most cases, consider:\nwhether an exclusion under the Refugee Convention applies ( section A98 )\nthe Convention refugee grounds ( section A96 ), if the applicant is not excluded under Article 1E or Article 1F\nthe danger of torture, the risk to their life or the risk of cruel and unusual treatment or punishment ( section A97 )\nSection A98 excludes persons described by Article 1E and Article 1F of the Refugee Convention from protection and is what gives PRRA decision makers the authority to make exclusion findings.\nIRPA sets out that PRRA decision makers can only apply section A98 in certain circumstances. Specifically, section A113 provides that a PRRA decision maker shall consider whether an exclusion applies [section A98] when assessing the application of a person described by 1 of the following:\nParagraph A113(c) – a person who is not described in subsection A112(3)\nSubparagraph A113(e)(i) – a person who is inadmissible on grounds of serious criminality for a conviction in Canada for which a term of imprisonment of less than 2 years—or no term of imprisonment—was imposed\nSubparagraph A113(e)(ii) – a person who is inadmissible on grounds of serious criminality with respect to a conviction outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of at least 10 years\nWhen decision makers assess PRRA applications subject to sections A96 and A97 risk assessments, they should also consider exclusions, section A98 .\nThese program delivery instructions (PDI) will focus on Exclusion under Article 1F only. Any questions on Article 1E exclusion in PRRA, including if a decision maker believes Article 1E may apply in a particular case, should be directed by the manager to the Asylum Branch (AB).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: When to consider an exclusion", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — Assessing Article 1F exclusions in a PRRA", + "marginal_note": "Assessing Article 1F exclusions in a PRRA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "These instructions demonstrate how to assess whether an exclusion ground applies under Article 1F of the Refugee Convention.\nArticle 1F: General\nArticle 1F of the Refugee Convention deals with persons who are not considered to be deserving of protection. It states:\nF. The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that:\n(a)  he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;\n(b)  he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee;\n(c)  he has been guilty of acts contrary to the purposes and principles of the United Nations.\nCertain elements apply to all 3 exclusion grounds under Article 1F .\nExclusion determinations under Article 1F are not determinations of guilt and therefore are not based on proof beyond a reasonable doubt nor on the general civil standard of a balance of probabilities.\nThe phrase “serious reasons for considering” has been interpreted as setting a standard above mere suspicion. In Ezokola v. Canada (Citizenship and Immigration) , 2013 SCC 40 ( Ezokola ), the Supreme Court of Canada (SCC) interpreted the test as more similar to the standard of proof of “reasonable grounds to believe”.\nPRRA decision makers must assess the evidence before them to determine whether there are reasonable grounds to believe that a person committed an act that falls under 1 of the exclusion grounds identified in Article 1F .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Assessing Article 1F exclusions in a PRRA (part 1 of 11)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — Assessing Article 1F exclusions in a PRRA", + "marginal_note": "Assessing Article 1F exclusions in a PRRA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "It is not necessary for the applicant to have been charged or convicted of an act set out in Article 1F of the Refugee Convention. It is sufficient that there be reasonable grounds to believe that the applicant has committed such a crime.\nThe principles of complicity apply to all exclusion crimes. See Complicity – Modes of liability, Ezokola and defences below for more details.\nArticle 1F(a): Crime against peace, war crime, or crime against humanity\n(a)  he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;\nIn order to understand what constitutes a crime under Article 1F(a) , PRRA decision makers must refer to the international instruments that deal with these crimes.\nInstruments\nSeveral instruments exist today that define or elaborate on the notions of crimes against peace, war crimes and crimes against humanity. These include:\nAgreement for the Prosecution and Punishment of the Major War Criminals of the European Axis, and Charter of the International Military Tribunal. London, 8 August 1945 (London Charter)\nUpdated Statute of the International Criminal Tribunal for the Former Yugoslavia (PDF, 320 KB)\nStatute of the International Tribunal for Rwanda (PDF, 177 KB)\nRome Statute of the International Criminal Court (PDF, 386 KB) (Rome Statute) ( the most recent and comprehensive )\nThe SCC noted in Ezokola that reference should also be made to the growing body of jurisprudence of international ad hoc tribunals and national courts.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Assessing Article 1F exclusions in a PRRA (part 2 of 11)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-5-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — Assessing Article 1F exclusions in a PRRA", + "marginal_note": "Assessing Article 1F exclusions in a PRRA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "When making a decision to seek exclusion under Article 1F(a) , it is important that PRRA decision makers be clear with regard to what specific crimes they are stating the applicant participated in and ensure they put this to the applicant. Failing to do so may result in a reviewable error upon judicial review at the Federal Court.\nThe PRRA decision maker should make findings as to all of the following:\nthe specific acts committed by the person\nthe person’s knowledge of the acts\nwhat element of the clause is being applied; whether the acts constituted a crime against peace, a war crime, or a crime against humanity\nCrimes against peace\nThe London Charter defines crimes against peace as the:\nplanning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing.\nThe Rome Statute (PDF, 386 KB) updated this concept in 2017. The term used is now a “crime of aggression”, which refers to the same idea as a crime against peace.\nThe Rome Statute defines the crime of aggression as:\nthe planning, preparation, initiation, or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations.\nThe term “act of aggression” in this context means:\nthe use of armed force by a State against the sovereignty, territorial integrity, or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations.\nExamples of acts of aggression include:\ninvasion\nbombardment", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Assessing Article 1F exclusions in a PRRA (part 3 of 11)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-5-p4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — Assessing Article 1F exclusions in a PRRA", + "marginal_note": "Assessing Article 1F exclusions in a PRRA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "military occupation\nannexation by the use of force\nblockade of the ports or coasts\nSuch crimes can only be committed in the context of international wars by persons who are representing a state or state-like entity and have the power to mobilize the state.\nDue to the limited number of people to whom this paragraph of Article 1F could apply, there are few precedents for exclusion under this category.\nWar crimes\nA war crime involves the violation of either of the following:\ninternational humanitarian law\nthe laws of armed conflict\nSuch crimes can take place in either of the following scenarios:\nan international armed conflict\na non-international armed conflict (for example, a civil war)\nThe Geneva Conventions of 1949, Additional Protocols and their Commentaries (Geneva Convention) establishes the standards of international law for humanitarian treatment in war, including laying out 8 core war crimes. More recent international statues (listed above under Instruments ) include other serious violations of the law and customs in armed conflict, which are important references in defining a war crime. The most recent instrument, the Rome Statue (PDF, 386 KB) , lists over 50 war crimes. Canadian legislation codifies war crimes in the Crimes Against Humanity and War Crimes Act , which implements the Rome Statute.\nCore crimes\nThe Rome Statute (PDF, 386 KB) defines the 8 core crimes of the Geneva Conventions first, following with the other 42 war crimes.\nFor the purpose of the Rome Statute, ‘war crimes’ means any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:\nwilful killing\ntorture or inhuman treatment, including biological experiments\nwilfully causing great suffering, or serious injury to body or health", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Assessing Article 1F exclusions in a PRRA (part 4 of 11)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-5-p5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — Assessing Article 1F exclusions in a PRRA", + "marginal_note": "Assessing Article 1F exclusions in a PRRA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly\ncompelling a prisoner of war or other protected person to serve in the forces of a hostile Power\nwilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial\nunlawful deportation or transfer or unlawful confinement\ntaking of hostages\nTest for war crimes\nMunyaneza c. R., 2014 QCCA 906 (select English Translation to view the decision in English), a decision of the Quebec Court of Appeal regarding an appeal of a conviction for war crimes committed in Rwanda, helps interpret the overarching elements of a war crime. In this decision, the Court states that all of the following elements must be established:\nan armed conflict, whether international or not\noffences committed against persons who did not take part or who had ceased to take part in the armed conflict\na nexus between the offences committed and the armed conflict\nthe person’s knowledge of this nexus\nCrimes against humanity\nCrimes against humanity may be committed in the context of an international or internal war as well as in times of peace. They are defined in the Rome Statute (PDF, 386 KB) as any of the following:\nmurder\nextermination\nenslavement\ndeportation or forcible transfer of population\nimprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law\ntorture\nsexual violence\npersecution on grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this list or any crime within the jurisdiction of the International Criminal Court\nenforced disappearance of persons\nthe crime of apartheid", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Assessing Article 1F exclusions in a PRRA (part 5 of 11)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-5-p6", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — Assessing Article 1F exclusions in a PRRA", + "marginal_note": "Assessing Article 1F exclusions in a PRRA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health\nTo rise to the level of a crime against humanity, the offence must be committed as part of a widespread or systematic attack.\nWidespread: defined by the scale of the act—consisting either of a number of smaller acts or of 1 large act with a significant effect in terms of number of people, geographic location, temporality or severity.\nSystematic: acts are organized and follow a pattern with similar elements that go beyond a random chance or coincidence.\nThe act must be committed against a civilian population rather than other combatants.\nIt can include (though is not limited to being part of) a policy of persecution with the same political, racial, religious or cultural motive.\nFinally, perpetrators of crimes against humanity are not limited to persons acting on behalf of a state, but may also include persons acting independently of the state, such as those involved in paramilitary or armed revolutionary movements.\nTest for crimes against humanity\nThe Supreme Court of Canada, in Mugesera v. Canada (Minister of Citizenship and Immigration) , 2005 SCC 40 , established the elements of a crime against humanity. It found that a criminal act rises to the level of a crime against humanity when the following 4 elements are found:\nan enumerated proscribed act was committed (this involves showing that the accused committed the criminal act and had the requisite guilty state of mind for the underlying act)\nthe act was committed as part of a widespread or systematic attack\nthe attack was directed against any civilian population or any identifiable group of persons", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Assessing Article 1F exclusions in a PRRA (part 6 of 11)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-5-p7", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — Assessing Article 1F exclusions in a PRRA", + "marginal_note": "Assessing Article 1F exclusions in a PRRA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "the person committing the proscribed act knew of the attack and knew or took the risk that his or her act comprised a part of that attack\nArticle 1F(b): Serious non-political crime\n(b)  he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee;\nGeneral\nThe aim of this paragraph of the exclusion clause is to protect the community of a receiving country from the danger of admitting a person who has committed a serious common crime. This provision relates to IRPA’s objectives of protecting Canadians and denying access to Canadian territory to serious criminals.\nThis clause applies to anyone for whom there are serious reasons to believe they have committed an act that could be considered a serious non-political crime prior to their entry to Canada.\nIt can include fugitives from justice; persons who have been previously convicted, whether or not they have served any sentence imposed; and even those who have never been charged. None of the following are a prerequisite for the application of this clause:\nlaying of charges\nentering of a conviction\nrequest for an extradition\nA person can be found excluded under this clause even when there is evidence of:\ncompletion of an imposed sentence\nthe person not posing a current danger\nrehabilitation\nThese factors are considered extraneous to the test of whether there are serious reasons for considering that the applicant has committed a serious non-political crime.\nElements to consider\nWhen assessing whether a person committed an act or crime that falls under Article 1F(b) , the PRRA decision maker must consider the following questions:\nIs the crime serious?\nIs the crime political?", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Assessing Article 1F exclusions in a PRRA (part 7 of 11)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-5-p8", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — Assessing Article 1F exclusions in a PRRA", + "marginal_note": "Assessing Article 1F exclusions in a PRRA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "If political, is the political nature of the crime proportional to the impact of the crime?\nWas the crime committed prior to entry to Canada?\nIs the crime serious?\nAn important element of this clause is determining whether the crime is “serious.”\nThe Handbook on Procedures and Criteria for Determining Refugee Status and Guidelines on International Protection states that a serious non-political crime is difficult to define. However, it also notes that a serious crime must be a capital crime or a very grave punishable act.\nIn the context of IRPA , a “serious crime” is understood to mean an indictable or hybrid offence under the Criminal Code of Canada that is punishable by a maximum term of imprisonment of at least 10 years.\nFor the purpose of exclusion under Article 1F(b) , there is a rebuttable presumption that, where a maximum sentence of 10 years or more could have been imposed had the crime been committed in Canada, the crime will generally be considered serious. However, as noted by the Court in Febles v. Canada (Citizenship and Immigration) , 2014 SCC 68 , this presumption cannot be applied in a mechanistic, decontextualized or unjust fashion. In other words, it cannot be applied automatically, without consideration for the context surrounding the crime.\nCrimes with maximum penalties of less than 10 years or acts that are not considered crimes in the jurisdiction where they are committed may still result in exclusion, while crimes with a significant potential penalty may not result in exclusion based on extenuating factors. This will depend on the circumstances and nature of the crimes committed.\nAssessing the seriousness of the crime", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Assessing Article 1F exclusions in a PRRA (part 8 of 11)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-5-p9", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — Assessing Article 1F exclusions in a PRRA", + "marginal_note": "Assessing Article 1F exclusions in a PRRA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The Federal Court of Appeal stated in Jayasekara v. Canada (Citizenship and Immigration) , 2008 FCA 404 that, when assessing the seriousness of a crime in the context of Article 1F(b), there must be an evaluation of the following factors:\nthe elements of the crime\nthe mode of prosecution\nthe penalty prescribed\nthe facts\nthe mitigating and aggravating circumstances underlying the conviction\nIs the crime political?\nAnother important element of this clause is determining whether a crime is “political,” as a PRRA decision maker can only exclude a person under Article 1F(b) for serious non-political crimes .\nFor a crime to be considered political and fall outside of the scope of Article 1F(b) , it must meet a 2-pronged test defined by the Court of Appeal in Gil v. Canada (Minister of Employment and Immigration) (C.A.) , [1995] 1 FC 508 :\nit must be committed for a political purpose that is in direct opposition to the government of the country\nthere must be a rational nexus between the crime committed and the political objective sought\nThere are offences that can clearly be political in nature. Examples include:\ntreason\nespionage\nmembership in a prohibited political party\nelection fraud\nHowever, there are also common offences that may be carried out with a clear political motivation.\nThe political aspect of the offence must be more important than the non-political crime aspect, and the person concerned should not be unduly benefiting from the offence.\nIf the political character of the offence outweighs the character of a common crime, the offence should be treated as a political offence and the person should not be excluded under Article 1F(b) .\nIf political, is the political nature of the crime proportional to the impact of the crime?", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Assessing Article 1F exclusions in a PRRA (part 9 of 11)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-5-p10", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — Assessing Article 1F exclusions in a PRRA", + "marginal_note": "Assessing Article 1F exclusions in a PRRA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The issue of proportionality is also a factor in assessing crimes under Article 1F(b) .\nWhere the offence is particularly serious and disproportionate to the goal, it cannot be considered political even if the motive is political.\nWas the crime committed prior to entry to Canada?\nThe words “prior to his admission to that country as a refugee” refer to the last element of this clause, that the crimes in question were committed prior to the applicant’s entry into Canada.\nCrimes committed in Canada are dealt with through the domestic criminal justice system and are covered by IRPA’s inadmissibility provisions. In these cases, determinations regarding the application of restricted PRRAs are based on paragraph A112(3)(b) and section A113 , not the exclusion clauses.\nArticle 1F(c): Acts contrary to the purposes and principles of the United Nations\n(c)  he has been guilty of acts contrary to the purposes and principles of the United Nations.\nThis clause is very general in nature and is intended to cover such acts against the purposes and principles of the United Nations that might not be fully covered by the 2 preceding exclusion clauses. These purposes and principles can be found in the Preamble and Chapter 1 of the United Nations Charter .\nThe following conclusions on the application of this clause are generally accepted:\nit should be interpreted restrictively\nthe acts committed must be criminal in nature\nit includes acts committed in the country of refuge and acts committed in the country of origin\nit may apply to acts committed by persons in the exercise of government functions and persons with no connection to government", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Assessing Article 1F exclusions in a PRRA (part 10 of 11)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-5-p11", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — Assessing Article 1F exclusions in a PRRA", + "marginal_note": "Assessing Article 1F exclusions in a PRRA", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "In Pushpanathan v. Canada (Minister of Citizenship and Immigration) , [1998] 1 SCR 982 , the Supreme Court of Canada set out 2 categories of acts that fall within this clause.\nFirst category of acts\n…where a widely accepted international agreement or United Nations resolution explicitly declares that the commission of certain acts is contrary to the purposes and principles of the United Nations\nExamples given by the Court of acts falling under this category include:\nenforced disappearances\ntorture\ninternational terrorism\nInternational instruments exist that specifically designate these acts as being against the purposes and principles of the United Nations.\nThe Court also noted that other sources of international law may be relevant, giving by way of example determinations by the International Court of Justice .\nSecond category of acts\n… [acts] which a court is able, for itself, to characterize as serious, sustained and systemic violations of fundamental human rights constituting persecution.\nAn example given by the Court of acts falling under this category:\nany act that an international instrument has indicated is a violation of fundamental human rights\nThe types of activities that are against the principles and purposes of the United Nations continue to be outlined in international jurisprudence. Most of these cases have pertained to either terrorist activities or human rights violations.\nFurther resources\nChapter 11 - Article 1F of the IRB Interpretation of the Convention Refugee and Person in Need of Protection in the Case Law deals with applying exclusions under Article 1F .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Assessing Article 1F exclusions in a PRRA (part 11 of 11)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-6-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — Modes of liability, Ezokola , and defences", + "marginal_note": "Modes of liability, Ezokola , and defences", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "These instructions demonstrate the different ways in which a person may be held accountable for an act that falls under an Article 1F of the 1951 Refugee Convention exclusion, as well as common defences for a person who has committed such an act.\nModes of liability\nTo find a person excluded under 1 of the Article 1F exclusion clauses, a PRRA decision maker must assess the evidence before them and determine whether there is a connection between the person’s actions and the elements of the exclusion clauses .\nThe most prominent form of individual criminal responsibility is direct perpetration. However, it is not necessary for a person to have personally committed a crime to be found personally responsible for that crime.\nPersons may be excluded from refugee protection under Article 1F based on a variety of different roles they played in a crime being committed. A person might have physically committed a crime, or they might have aided and abetted someone to commit a crime, or they might be seen as responsible if the persons committing the crime reported to them and they reasonably should have known the crimes were being committed. These different forms of individual criminal responsibility are called modes of liability.\nThere are 2 modes of liability PRRA decision makers are most likely to encounter:\ndirect perpetration\ncomplicity\nDirect perpetration\nDirect perpetration occurs when it can be shown that a person physically carried out the main elements of an offence and that they did so with intent and knowledge .\nThis mode of liability is the focus of the section on Assessing Article 1F exclusions in PRRAs .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Modes of liability, Ezokola , and defences (part 1 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-6-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — Modes of liability, Ezokola , and defences", + "marginal_note": "Modes of liability, Ezokola , and defences", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "To find someone excluded for having personally carried out an offence that fits under the exclusion clauses, a PRRA decision maker must assess the evidence before them and determine whether the act committed meets all the elements under the particular clause being assessed.\nComplicity\nIt is not necessary for a person to have physically committed an offence to have some form of individual criminal responsibility. Complicity recognizes that those who act to aid, incite, counsel, or otherwise support a perpetrator to commit an offence under Article 1F are equally culpable and should similarly be excluded from refugee protection.\nIn Ezokola , the SCC dealt extensively with the issue of complicity in the context of Article 1F(a) . The Court overturned previous Federal Court of Appeal jurisprudence to adopt a new contribution-based test for complicity (otherwise known as the “ Ezokola test”):\nTo exclude a claimant from the definition of “refugee” by virtue of article 1F(a), there must be serious reasons for considering that the claimant has voluntarily made a significant and knowing contribution to the organization’s crime or criminal purpose\nThe Court warns decision makers that they should be cautious not to overextend the concept of complicity to capture individuals based on mere association or passive acquiescence. However, the focus on an organization’s crime or criminal purpose means that, unlike direct perpetration, complicity does not have to be tied to a specific act(s) or event(s).\nThe Ezokola test\nThe Ezokola test has 3 components that must be met. The IRB lays out the components in Chapter 11 - Article 1F of its Interpretation of the Convention Refugee and Person in Need of Protection in the Case Law as follows:\nVoluntary contribution. Factors to consider include:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Modes of liability, Ezokola , and defences (part 2 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-6-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — Modes of liability, Ezokola , and defences", + "marginal_note": "Modes of liability, Ezokola , and defences", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "whether the person had no realistic choice but to participate in the crime\nthe method of recruitment and any opportunity to leave the organization\nwhether a defence (for example, duress) is applicable\nSignificant contribution. Factors to consider include:\nthe nature of the association (mere association or passive acquiescence will not suffice)\nthe nature of the activities in question (the contribution does not have to be directed to specific identifiable crimes but can be directed to wider concepts of common design, such as the accomplishment of an organization’s purpose)\nthe degree of contribution (it must be significant)\nKnowing contribution . This means that there must be a link between the person’s conduct and the criminal conduct of the group. Elements to consider include:\nthe person’s awareness (as evidenced by intent, knowledge or recklessness) of the group’s crime or criminal purpose\nthe person’s awareness that their conduct will assist in the furtherance of the crime or criminal purpose\nFactors to consider\nTo assist in determining whether a person’s conduct meets the test for complicity (that is, was voluntary, significant and knowing), the Supreme Court in Ezokola also identified 6 factors to consider:\nthe size and nature of the organization\nthe part of the organization with which the person was most directly concerned\nthe person’s duties and activities within the organization\nthe person’s position or rank in the organization\nthe length of time the person was in the organization, particularly after acquiring knowledge of the group’s crime or criminal purpose\nthe method by which the person was recruited and the person’s opportunity to leave the organization", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Modes of liability, Ezokola , and defences (part 3 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-6-p4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — Modes of liability, Ezokola , and defences", + "marginal_note": "Modes of liability, Ezokola , and defences", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The analysis of these factors is highly contextual; the weight of each factor depends on the facts and context of each case.\nImportant: These 6 factors are not the test and are non-exhaustive. They are intended for guidance only, to help determine whether the elements of the test are met. The test is to determine whether the person has voluntarily made a significant and knowing contribution to a crime or criminal purpose.\nDefences\nIn certain circumstances, there are valid defences that may absolve the person from criminal responsibility for the crimes in question. Thus, despite having possibly committed a war crime or a crime against humanity, in these cases the person will not be excluded from refugee status.\nThe burden of proof for demonstrating that 1 or more defences apply remains with the person concerned.\nNote: A person may be able to establish that their conduct was not voluntary in the context of an Ezokola complicity analysis, even if they have not established a defence.\nSuperior orders\nAn applicant may raise this defence in cases where they state they were ordered to commit an offence by a government or superior officer and where they were legally required to obey (for example, “I was just following orders…”).\nThis defence is not applicable, however, when the order was manifestly unlawful. The Supreme Court of Canada gave an example of this in R. v. Finta , [1994] 1 SCR 701 , where the order described “offends the conscience of every reasonable, right-thinking person”, and the person had a moral choice as to whether to follow the order. The Crimes Against Humanity and War Crimes Act also provides examples of manifestly unlawful acts, stating at subsection 14(2) that “orders to commit genocide or crimes against humanity are manifestly unlawful.”\nDuress", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Modes of liability, Ezokola , and defences (part 4 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-6-p5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — Modes of liability, Ezokola , and defences", + "marginal_note": "Modes of liability, Ezokola , and defences", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The defence of duress may be raised to address cases where a person felt forced to act because of the danger of enduring imminent harm otherwise. However, the harm the person feared must have been equal to or greater than the harm they were forced to inflict on someone else. For example, there is no expectation that a person desert or disobey an order at a risk to their life.\nParagraph 31(1)(d) of the Rome Statute (PDF, 386 KB) sets out the defence of duress and the Federal Court decision Canada (Citizenship and Immigration) v. Kljajic , 2020 FC 570 is a recent decision that involves the defence of duress.\nThe applicant must demonstrate the following elements for a successful defence:\nthere has to be an implicit or explicit threat of death or serious bodily harm to the person or a third party\nthe harm must be imminent (that is, there is a close temporal connection between the threat and the harm)\nthe person must have reasonably believed the threat would be carried out without any safe avenue of escape and must have acted necessarily and reasonably to avoid this threat\nthe harm feared must be, on balance, greater than the harm inflicted\nFor more information, see ENF 18 – Human or international rights violations (PDF, 747 KB) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Modes of liability, Ezokola , and defences (part 5 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-7-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — Processing exclusions in a PRRA context", + "marginal_note": "Processing exclusions in a PRRA context", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "These instructions explain how PRRA decision makers should process PRRA applications in cases where they find an exclusion applies.\nImpact of the Article 1F exclusion clause assessment\nSection A113 explains how PRRAs should be considered in cases where a PRRA decision maker finds an exclusion under Article 1F of the Refugee Convention is applicable.\nBefore an exclusion\nA decision maker must consider a PRRA application under paragraph A113(c) when both of the following apply:\nthe applicant has not been previously excluded from refugee protection\nthe applicant is not subject to a restricted PRRA when the PRRA decision maker begins their assessment\nA decision maker must consider a PRRA application under paragraph A113(e) when an applicant has not been previously excluded from refugee protection and is either of the following:\na person who is inadmissible on grounds of serious criminality for a conviction in Canada for which a term of imprisonment of less than 2 years - or no term of imprisonment - was imposed\na person who is inadmissible on grounds of serious criminality with respect to a conviction outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of at least 10 years\nParagraphs A113(c) and A113(e) direct the PRRA decision maker to assess the applicant against:\nthe consolidated protection grounds under section A96 and section A97\nthe exclusion clauses referred to in section A98\nIn reviewing a PRRA application against section A98 , the PRRA decision maker may find that an exclusion under Article 1F applies.\nAfter an Article 1F exclusion\nThe applicant falls under paragraph A112(3)(c) as having an Article 1F exclusion apply to them in cases where either of the following applies:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Processing exclusions in a PRRA context (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-7-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — Processing exclusions in a PRRA context", + "marginal_note": "Processing exclusions in a PRRA context", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "an exclusion under Article 1F has been found to apply in a previous refugee protection decision\nthe PRRA decision maker finds that an Article 1F exclusion applies during the course of the current PRRA assessment\nIn these cases, as per paragraph A113(d) , the applicant continues to have access to a PRRA. However, the PRRA becomes restricted to an assessment of the factors set out in paragraph A113(d).\nIt should be noted that a person who was excluded under Article 1F(b) and is subsequently found inadmissible under paragraph A36(1)(b) , remains excluded under Article 1F(b) despite being granted rehabilitation and therefore they are still subject to a restricted PRRA.\nRestricted PRRA\nThe PRRA application is no longer assessed under the Refugee Convention grounds [ section A96 ]. The decision maker must consider the factors set out in the applicable subsection of paragraph A113(d) , and on the basis of the following [ section A97 ] grounds:\ndanger of torture\nrisk to life\nrisk of cruel and unusual treatment or punishment\nA positive decision on their application may only be made by a senior decision maker at Migration Integrity Operations Branch and results only in a reviewable stay of removal rather than protected person status.\nIn this manner, Canada is able to respect the spirit of the Refugee Convention , which excludes those who are not deserving of protection, while also upholding the principle of non-refoulement with respect to persons who face a danger of torture, a risk to life or a risk of cruel and unusual treatment or punishment.\nProcessing the application\nProcedural fairness principles apply when conducting a risk assessment as well as to the consideration of the exclusion clauses.\nThe PRRA decision maker should take the following steps in processing the file:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Processing exclusions in a PRRA context (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-7-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — Processing exclusions in a PRRA context", + "marginal_note": "Processing exclusions in a PRRA context", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "conduct a review of the file including the application and any submissions on behalf of the applicant\nidentify the determinative issues\nconduct the necessary research to address the determinative issues\nif an exclusion clause may apply, ensure procedural fairness principles are followed by providing the applicant with a letter:\nnotifying the applicant that an exclusion clause is under consideration\nexplaining the impact on the applicant if they are found to be excluded; that is, if found excluded under Article 1F , the applicant will be provided with a restricted risk assessment\nafford the applicant with adequate time to provide written submissions in response\nThe applicant must also be afforded an opportunity to respond to any extrinsic evidence\nif a hearing is held on the basis of section A113.01 or section 167 of the Immigration and Refugee Protection Regulations (IRPR),\nnotify the applicant that the factual issues pertaining to the exclusion clause will be part of the determinative issues to be addressed during the hearing;\nif a hearing is not held, address why not in the written reasons\nafter all evidence has been gathered, review the evidence to determine if an exclusion applies\nConcluding the exclusion and next steps\nIf the PRRA decision maker finds that an exclusion under Article 1F does not apply, the decision maker will conduct a regular risk assessment based on the applicable factors set out in section A113 .\nIf the PRRA decision maker finds that an exclusion under Article 1F does apply, the decision maker will do both of the following:\nmake a finding on exclusion and clearly demonstrate in their written reasons how the exclusion clauses apply to the applicant\nconduct a restricted risk assessment and process the case as a restricted PRRA", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Processing exclusions in a PRRA context (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-35-7-p4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Exclusions — Processing exclusions in a PRRA context", + "marginal_note": "Processing exclusions in a PRRA context", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Dealing with dependants\nIn some cases, applicants who are found to be excluded under Article 1F may have submitted their application with other family members.\nRefugee protection decisions apply to each individual separately and, when required, separate assessments should be conducted for each family member.\nDistinct written decisions are particularly important in cases where 1 family member may be found excluded but where other family members might be found at risk.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Processing exclusions in a PRRA context (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/exclusions.html" + }, + { + "id": "pdi-refugee-36-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A96", + "marginal_note": "Pre-removal risk assessment (PRRA): Interpreting section A96", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Pre-removal risk assessment (PRRA): Interpreting section A96", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-96.html" + }, + { + "id": "pdi-refugee-36-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A96 — On this page", + "marginal_note": "On this page", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Immigration and Refugee Protection Act (IRPA) section 96\nWell-founded fear\nObjective and subjective fear\nStandard of proof\nLegal test to establish a risk of persecution\nPast and future persecution\nPersecution\nAssessing persecution cases involving prosecution\nAssessing the reason for persecution - Nexus\nRace\nReligion\nNationality\nMembership in a particular social group\nPolitical opinion", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-96.html" + }, + { + "id": "pdi-refugee-36-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A96 — Immigration and Refugee Protection Act (IRPA) section 96", + "marginal_note": "Immigration and Refugee Protection Act (IRPA) section 96", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The IRPA defines section 96 as follows:\nConvention refugee\n96  A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,\n(a)  is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themself of the protection of each of those countries; or\n(b)  not having a country of nationality, is outside the country of their former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Immigration and Refugee Protection Act (IRPA) section 96", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-96.html" + }, + { + "id": "pdi-refugee-36-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A96 — Well-founded fear", + "marginal_note": "Well-founded fear", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "At the core of the definition of “Convention refugee” is the requirement that the applicant demonstrate a well-founded fear of persecution in the country of origin. The phrase “well-founded fear” has been interpreted as having 2 components:\na fear of persecution, felt subjectively\nthe well-foundedness of the fear, tested objectively\nObjective and subjective fear\nThe subjective component relates to the applicant’s perception of persecution in the country referenced. While this is internal to the person, the applicant’s actions should be consistent with and indicative of a subjective fear. Relevant factors with respect to the question of subjective fear include:\ndelay in leaving the country of risk\nfailure to seek protection at the first reasonable opportunity\nfailure to seek protection in other countries\ndelay in making a refugee claim upon arrival in Canada\nre-availment of state protection\nre-establishment in the country of risk\nIf the applicant does not demonstrate the presence of their subjective fear (or if after a hearing, the applicant is found to be not credible on this aspect), it could be held that there is no subjective basis for the application. The application could be rejected even if there is extensive evidence of human rights violations in the country referenced.\nFocus should be put on the objective basis of the fear of persecution. Once it has been established that a person has an objective basis of fear of persecution, it is conceivable that the applicant also presents a subjective fear. The evidence required to meet the objective basis of the fear of persecution may include the applicant’s testimony, as well as documentary evidence of country conditions.\nStandard of proof", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Well-founded fear (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-96.html" + }, + { + "id": "pdi-refugee-36-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A96 — Well-founded fear", + "marginal_note": "Well-founded fear", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Applicants must establish the factual elements of their claim on a balance of probabilities.\nFor more information on the standard of proof, see Processing procedures and guidelines .\nLegal test to establish a risk of persecution\nDespite the fact that applicants must establish the factual elements of their risk allegations on a balance of probabilities, they do not need to prove that persecution would be more likely than not.\nThe test for well-foundedness of fear of persecution is objective, based on objective evidence about conditions in the country of alleged risk, particularly the country’s human rights record. The nature of the test for well-founded fear of persecution is described in terms of “reasonable chance” or “serious possibility”. Is there a reasonable chance, but more than a mere possibility that persecution would take place were the applicant to return to that country?\nPast and future persecution\nApplicants need not show that they have been persecuted in the past in order to establish a well-founded fear of persecution. However, past events related by the applicant, together with all the other evidence, including country conditions at the time of the decision, may show that the applicant would be objectively at risk if returned. Thus, the test is forward looking, except where there are compelling reasons based on past persecution for granting protection. United Nations 1951 Convention relating to the Status of Refugees (Refugee Convention), supplemented by its 1967 Protocol states in paragraph C (6) of Article 1:\nProvided that this paragraph shall not apply to a refugee falling under A (1) of this article who is able to invoke compelling reasons arising out of previous persecution for refusing to return to the country of his former habitual residence.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Well-founded fear (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-96.html" + }, + { + "id": "pdi-refugee-36-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A96 — Well-founded fear", + "marginal_note": "Well-founded fear", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The applicant may not be able to present evidence of past persecution. However, the applicant could present evidence of persecution of persons in similar situations, in the country referenced, to substantiate a fear of future persecution. Such persons may be family members, political associates, and members of the same social class, race, religion, or ethnic group.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Well-founded fear (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-96.html" + }, + { + "id": "pdi-refugee-36-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A96 — Persecution", + "marginal_note": "Persecution", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Persecution is 1 of the key elements of the Convention refugee definition. The term “persecution” is not defined in the Refugee Convention or in the Act. The Court has defined “persecute” as “[t]o harass or afflict with repeated acts of cruelty or annoyance; to afflict persistently” Rajudeen v. Minister of Employment and Immigration , (1984) 55 NR 129 (FCA).\nIt is necessary to determine whether or not the harassment or sanctions that the applicant fears are sufficiently serious to constitute persecution. Threats to a person’s life and freedom for 1 of the reasons in the definition will constitute persecution, and so would violations of other fundamental human rights. Other sanctions against the person may or may not be persecution. The sanctions need not be against the person, but they can encompass acts committed against the person’s family or similarly situated persons. Minor forms of harassment, such as in employment discrimination, may not be sufficiently serious to constitute persecution.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Persecution (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-96.html" + }, + { + "id": "pdi-refugee-36-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A96 — Persecution", + "marginal_note": "Persecution", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "In  Retnem v. Minister of Employment and Immigration , (1991) 132 NR 53 (FCA), the Federal Court of Appeal established that it is a reviewable error not to consider the cumulative effect of discrimination or harassment in order to determine whether it amounts to persecution. In some cases, the cumulative effect of discrimination or a series of incidents constitutes persecution. That being said, discrimination is usually not sufficient to constitute persecution. The United Nations High Commission for Refugees (UNHCR) Handbook notes that there may be situations in which the cumulative effect of acts of discrimination may reach the level of severity needed to constitute persecution even though the instance of discrimination would not meet this threshold if viewed independently. In Liang v. Canada (Citizenship and Immigration) , 2008 FC 450 , the Court confirmed that the cumulative effects of discrimination and harassment may fulfill the definitional requirements of persecution in some circumstances, and the determination of what constitutes persecution involves an analysis of many factors including persistence, seriousness and the quality of the alleged incidents.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Persecution (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-96.html" + }, + { + "id": "pdi-refugee-36-4-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A96 — Persecution", + "marginal_note": "Persecution", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Not all harm inflicted against a person will justify protection. In some cases, the harm might be so trivial as to not justify granting protection. In others, the harm might be a product of security measures of a non-discriminatory nature directed at the entire population. In some cases, however, a law of general application may be persecutory in nature. The Federal Court of Appeal dealt with this issue in the context of military service in Zolfagharkhani v. Minister of Employment and Immigration , (1993) 155 NR 311 (FCA) and in Al-Maisri v. Minister of Employment and Immigration , (1995) 183 NR 234 (FCA), and in the context of exit laws in Valentin v. Canada (Minister of Employment and Immigration) (C.A.) , [1991] 3 FC 390 .\nThe State itself need not be the direct perpetrator. The key issue is to evaluate the effectiveness of state protection on the ground.\nAssessing persecution cases involving prosecution\nIn cases of prosecution, the particular circumstances must be assessed. The prosecution must be serious enough to qualify as persecution. If there is evidence that the prosecution is linked to the applicant’s race, religion, nationality, membership in a social group or political opinion, the following considerations may be relevant:\nthe nature of the law that the applicant has violated (if compliance with a law results in a violation of an international legal norm, prosecution may be persecutory)\nthe nature of the law under which the person will be prosecuted (arbitrarily punishing acceptable behaviour may be persecutory)\nwhether the punishment for the offence is disproportionate to the offence itself\nthe human rights record of the prosecuting country\nthe status of the country’s judicial system\nthe motivation of the government in pursuing prosecution", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Persecution (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-96.html" + }, + { + "id": "pdi-refugee-36-4-p4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A96 — Persecution", + "marginal_note": "Persecution", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "the motivation of the applicant when the offence was committed\nAssessing the reason for persecution – Nexus\nUnder the Convention refugee definition, it is necessary to determine whether the harm is inflicted for 1 of the reasons set out in the definition. The injury feared must be linked to the applicant’s:\nrace\nreligion\nnationality\nmembership in a particular social group\npolitical opinion\nIf there is no clear linkage, the applicant will not meet the definition of a Convention refugee. In some cases involving situations of civil strife, for instance, the conclusion may be that the fear is a fear of generalized oppression and is not in some way directed against the person or group for reasons of race, religion, nationality, membership in a particular social group or political opinion.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Persecution (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-96.html" + }, + { + "id": "pdi-refugee-36-5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A96 — Race", + "marginal_note": "Race", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "In the Handbook of Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the status of Refugees , racial persecution is defined as:\n68. Race, in the present connexion, has to be understood in its widest sense to include all kinds of ethnic groups that are referred to as “races” in common usage. Frequently it will also entail membership of a specific social group of common descent forming a minority within a larger population. Discrimination for reasons of race has found world-wide condemnation as one of the most striking violations of human rights. Racial discrimination, therefore, represents an important element in determining the existence of persecution.\n69. Discrimination on racial grounds will frequently amount to persecution in the sense of the 1951 Convention. This will be the case if, as a result of racial discrimination, a person's human dignity is affected to such an extent as to be incompatible with the most elementary and inalienable human rights, or where the disregard of racial barriers is subject to serious consequences.\n70. The mere fact of belonging to a certain racial group will normally not be enough to substantiate a claim to refugee status. There may, however, be situations where, due to particular circumstances affecting the group, such membership will in itself be sufficient ground to fear persecution.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Race", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-96.html" + }, + { + "id": "pdi-refugee-36-6", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A96 — Religion", + "marginal_note": "Religion", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "In the Handbook of Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the status of Refugees , religious persecution is defined as:\n71. The Universal Declaration of Human Rights and the Human Rights Covenant proclaim the right to freedom of thought, conscience and religion, which right includes the freedom of a person to change his religion and his freedom to manifest it in public or private, in teaching, practice, worship and observance.\n72. Persecution for “reasons of religion” may assume various forms, e.g. prohibition of membership of a religious community, of worship in private or in public, of religious instruction, or serious measures of discrimination imposed on persons because they practise their religion or belong to a particular religious community.\n73. Mere membership of a particular religious community will normally not be enough to substantiate a claim to refugee status. There may, however, be special circumstances where mere membership can be a sufficient ground.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Religion", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-96.html" + }, + { + "id": "pdi-refugee-36-7", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A96 — Nationality", + "marginal_note": "Nationality", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "In the Handbook of Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the status of Refugees , persecution due to nationality is defined as:\n74. The term “nationality” in this context is not to be understood only as “citizenship”. It refers also to membership of an ethnic or linguistic group and may occasionally overlap with the term “race”. Persecution for reasons of nationality may consist of adverse attitudes and measures directed against a national (ethnic, linguistic) minority and in certain circumstances the fact of belonging to such a minority may in itself give rise to well-founded fear of persecution.\n75. The co-existence within the boundaries of a State of two or more national (ethnic, linguistic) groups may create situations of conflict and also situations of persecution or danger of persecution. It may not always be easy to distinguish between persecution for reasons of nationality and persecution for reasons of political opinion when a conflict between national groups is combined with political movements, particularly where a political movement is identified with a specific “nationality”.\n76. Whereas in most cases persecution for reason of nationality is feared by persons belonging to a national minority, there have been many cases in various continents where a person belonging to a majority group may fear persecution by a dominant minority.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Nationality", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-96.html" + }, + { + "id": "pdi-refugee-36-8", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A96 — Membership in a particular social group", + "marginal_note": "Membership in a particular social group", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The Supreme Court of Canada in Canada (Attorney General) v. Ward , [1993] 2 SCR 689  ( Ward ), has noted that the meaning of “particular social group” should take into account the general underlying themes of human rights and anti-discrimination that form the basis for the international refugee protection initiative. There are 3 possible categories:\ngroups defined by an innate or unchangeable characteristic\ngroups whose members voluntarily associate for reasons fundamental to their human dignity that they should not be forced to forsake the association\ngroups associated by a former voluntary status, unalterable due to its historical permanence\nIn Ward , the Supreme Court explicitly held that persecution based upon a person’s gender could sustain a claim to refugee status. However, the Court did not say that gender in and of itself was sufficient to define a particular social group. The Court has held that particular subcategories of women such as abused women and women subject to domestic violence constitute a particular social group. The Court has also held that women who are subject to enforced sterilization constitute a social group. Recognition of gender as a basis for refugee protection has not been confined to claims made by women. The Immigration and Refugee Board of Canada (IRB) has developed the Chairperson's Guideline 4 : Gender Considerations in Proceedings Before the Immigration and Refugee Board , which PRRA decision makers should consult for further assistance in their decision making.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Membership in a particular social group", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-96.html" + }, + { + "id": "pdi-refugee-36-9", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A96 — Political opinion", + "marginal_note": "Political opinion", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Political opinion has been defined by the Supreme Court of Canada in Ward . The Court adopted Professor Guy Goodwin-Gill’s definition of: \"any opinion on any matter in which the machinery of state, government, and policy may be engaged.\" The Court added 2 refinements: First, the political opinion need not have been expressed outright. It can be imputed to the applicant on the basis of his or her actions. Second, the political opinion ascribed to the applicant does not necessarily need to conform to his or her true beliefs.\nThe assessment should be approached from the perspective of the agent of persecution. Although victims of crime do not generally fall within the scope of a particular social group as defined in Ward , there are some situations in which the definition of political opinion may apply. The Federal Court of Appeal dealt with this issue in Klinko v. Canada (Minister of Citizenship and Immigration) (T.D.) , [2000] 3 FC 327 , concluding the denunciation of misconduct by public officials can qualify as political opinion, provided that the machinery of state, government and policy “may be engaged”.\nHowever, risk attributable to a private vendetta or personal vengeance on the part of a government official may constitute criminal activity, but not persecution. The IRB website refers to jurisprudence in the Interpretation of Convention Refugee and Person in need of Protection in the Case Law . Chapter 4, entitled Grounds of persecution – Nexus , details many cases and references to assist in establishing whether such activity reaches the level of persecution.\nFor information on state protection and internal flight alternatives, see Processing procedures and guidelines .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Political opinion", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-96.html" + }, + { + "id": "pdi-refugee-37-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A97", + "marginal_note": "Pre-removal risk assessment (PRRA): Interpreting section A97", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Pre-removal risk assessment (PRRA): Interpreting section A97", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-97.html" + }, + { + "id": "pdi-refugee-37-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A97 — On this page", + "marginal_note": "On this page", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Immigration and Refugee Protection Act (IRPA) section 97\nDanger of torture, risk to life, risk of cruel and unusual treatment or punishment\nWhat is torture?\nExamples of torture\nGrounds for torture\nAgent of torture\nDanger of torture\nMaking an objective assessment of the danger of torture\nDetermining the past, present or future likelihood of torture\nAssessing risk to life or risk of cruel and unusual treatment or punishment\nApplying the standard of proof\nAssessing protection of the State (State agent and non-State agent)\nAssessing the objective risk to life or of cruel and unusual treatment or punishment\nAssessing the inability of the country of removal to provide medical care under subparagraph A97(1)(b)(iv)\nAsking key questions\nNo nexus\nAssurances in the death penalty cases\nInitiation of a request for assurances\nReferral of cases when the issue of assurances is not resolved\nOn receipt of assurances\nWhere no assurances are obtained", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-97.html" + }, + { + "id": "pdi-refugee-37-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A97 — Immigration and Refugee Protection Act (IRPA) section 97", + "marginal_note": "Immigration and Refugee Protection Act (IRPA) section 97", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The IRPA defines section 97 as:\nPerson in need of protection\n97 (1)  A person in need of protection is a person in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally\n(a)  to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or\n(b)  to a risk to their life or to a risk of cruel and unusual treatment or punishment if\n(i)  the person is unable or, because of that risk, unwilling to avail themself of the protection of that country,\n(ii)  the risk would be faced by the person in every part of that country and is not faced generally by other individuals in or from that country,\n(iii)  the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and\n(iv)  the risk is not caused by the inability of that country to provide adequate health or medical care.\nPerson in need of protection\n(2)  A person in Canada who is a member of a class of persons prescribed by the regulations as being in need of protection is also a person in need of protection.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Immigration and Refugee Protection Act (IRPA) section 97", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-97.html" + }, + { + "id": "pdi-refugee-37-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A97 — Danger of torture, risk to life, risk of cruel and unusual t", + "marginal_note": "Danger of torture, risk to life, risk of cruel and unusual treatment or punishment", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "What is torture?\nArticle 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) , which has been incorporated into IRPA, defines torture as follows:\nFor the purposes of this Convention, the term \"torture\" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.\nA landmark Supreme Court of Canada (SCC) decision as to the deportation of a refugee that would subject them to a risk of torture is Suresh v. Canada (Minister of Citizenship and Immigration) , 2002 SCC 1 .\nIn that decision, the SCC stated in paragraph 129:\nWe concluded that generally to deport a refugee, where there are grounds to believe that this would subject the refugee to a substantial risk of torture, would unconstitutionally violate the Charter's s. 7 guarantee of life, liberty and security of the person. This said, we leave open the possibility that in an exceptional case such deportation might be justified either in the balancing approach under ss. 7 or 1 of the Charter.\nExamples of torture\nThe European Court of Human Rights has found the following actions to constitute torture:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Danger of torture, risk to life, risk of cruel and unusual treatment or punishment (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-97.html" + }, + { + "id": "pdi-refugee-37-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A97 — Danger of torture, risk to life, risk of cruel and unusual t", + "marginal_note": "Danger of torture, risk to life, risk of cruel and unusual treatment or punishment", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "“Reverse hanging” or “strappado”: the applicant was stripped naked, with his arms tied together behind his back and suspended by his arms, resulting in severe pain and in paralysis in both arms which lasted for some time.\nSee Aksoy v. Turkey , [1996] ECHR 68\nRape in custody,\nSee Aydin v. Turkey , [1997] ECHR 75 ( Aydin )\nBeatings that kept the applicant in a constant state of physical pain and mental anguish over a 3-day period while she was blindfolded. She was also paraded naked and pummelled with high-pressure water while being spun around in a tyre. The Court held that the cumulative effect of this treatment amounted to torture (although not necessarily the beatings alone). See Aydin\nIn the cases of Ireland v. The United Kingdom , [1978] ECHR 1 ( Ireland v. UK ), and Tomasi v. France , [1992] ECHR 53 ( Tomasi ), the European Human Rights Court concluded that beatings while in custody constituted inhuman and degrading treatment, but not torture. The Court revisited this issue in 1999 and noted that the European Convention is a living instrument that must be interpreted in light of current conditions. Acts that were not classified as torture in the past could be so classified in the future because of an increasingly high standard set for the protection of human rights. The Court concluded that a severe beating that inflicted a large number of blows and caused substantial pain constitutes torture,\nSee Selmouni v. France , [1999] ECHR 66\nThe following techniques used by the Greek military junta: mock executions, death threats, electric shock, the use of insulting language, being compelled to be present at the torture or cruel, inhuman or degrading treatment of relatives or friends ( Denmark et al. v. Greece, No 3321-3/67; 3344/67, (1968) 25 Eur Comm'n HR DR 91)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Danger of torture, risk to life, risk of cruel and unusual treatment or punishment (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-97.html" + }, + { + "id": "pdi-refugee-37-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A97 — Danger of torture, risk to life, risk of cruel and unusual t", + "marginal_note": "Danger of torture, risk to life, risk of cruel and unusual treatment or punishment", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The following techniques when used in combination by British Security Forces in Northern Ireland against detainees: being forced to stand for long periods of time, hooding, subjection to noise, deprivation of sleep, food and drink ( Ireland v. UK )\nThe infliction of mental suffering through the creation of a state of anguish and stress by means other than bodily assault (for example, threatening to kill or hurt family members) ( Ireland v. UK )\nBeatings in police custody. The requirements of the investigation and the undeniable difficulties inherent in the fight against crime, particularly with regard to terrorism do not change the nature of torture ( Tomasi )\nGrounds for torture\nThere is no need to demonstrate that the applicant would face torture for 1 of the 5 enumerated grounds set forth in the Convention refugee definition. The 1951 Refugee Convention requires that the fear of persecution be based on specified grounds (that is, race, religion, nationality, membership of a particular social group or political opinion). Under the CAT , however, the sole question is if a substantial risk of torture exists regardless of whether it is based on any of the grounds specified in the definition of Convention refugee.\nAgent of torture\nAn important element of the definition of torture is that the pain or suffering amounting to torture must be inflicted by or at the instigation of, or with the consent or acquiescence of a public official or other person acting in an official capacity. However, the risk of torture need not be from the State government itself, and may arise, for instance, from an errant police force, the military or quasi-public actors (for example, tribes responsible for enforcing locally accepted customs).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Danger of torture, risk to life, risk of cruel and unusual treatment or punishment (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-97.html" + }, + { + "id": "pdi-refugee-37-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A97 — Danger of torture", + "marginal_note": "Danger of torture", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The standard to be met by an applicant alleging danger of torture is defined in the legislation as a danger of torture that is believed on substantial grounds to exist. The requisite degree of danger of torture envisaged by the expression \"believed on substantial grounds to exist\" is that the danger of torture is more likely than not. See Li v. Canada (Minister of Citizenship and Immigration) 2005 FCA 1 ( Li ) for more information. The risk does not have to meet the test of being highly probable, but objective factual material must show a probability of danger of torture to the applicant if removed.\nMaking an objective assessment of the danger of torture\nThe PRRA decision maker assesses where there are substantial grounds to believe the applicant would be personally subjected to a danger of torture on an objective basis. The Li decision held that there is no requirement to prove a subjective fear, but that the danger must be personalized. As in the Refugee Convention, the assessment may be based on past events but is also forward looking. The determinative issue is whether events related by the applicant, together with all the other evidence, including country conditions in the country of removal at the time of the decision, show that the applicant would be subjected to a danger of torture if removed.\nDetermining the past, present or future likelihood of torture\nThe CAT describes the grounds for determining if a person has experienced or is in danger of being subjected to torture. The following non-exhaustive questions, which are derived from guidance issued by the UN Committee Against Torture, may assist the PRRA decision maker in determining whether the applicant faces a personalized risk in the country of removal:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Danger of torture (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-97.html" + }, + { + "id": "pdi-refugee-37-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A97 — Danger of torture", + "marginal_note": "Danger of torture", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Is the country concerned one in which there is evidence of a consistent pattern of gross, flagrant or mass violations of human rights?\nHas the applicant been tortured or maltreated by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity in the past? If so, was this the recent past?\nIs there medical or other independent evidence to support a claim by the author that he/she has been tortured or maltreated in the past? Has the torture had after-effects?\nIf there is evidence of violations of human rights in the country concerned, has the situation changed? Has the situation referred to in (a) above changed? Has the internal situation in respect of human rights altered?\nHas the applicant engaged in political or other activity within or outside the country concerned which would appear to make him/her particularly vulnerable to the risk of being placed in danger of torture were he/she to be removed to the country concerned?\nAre there factual inconsistencies in the application? If so, are they relevant?\nKey questions concerning the applicant\nWho is the applicant?\nHas the applicant suffered, or will they face severe physical or mental pain, intentionally inflicted?\nWas this pain inflicted, or will it be inflicted for a specific purpose such as to get information, to punish or to intimidate?\nWas this done at the hands of the State? Did the State know or ought to know about the pain/suffering but not try to prevent it? Is there adequate State protection on an operational level?\nWill the applicant face such pain or suffering again if returned to their country for the same or similar reasons?\nIs there an Internal Flight Alternative (IFA)?", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Danger of torture (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-97.html" + }, + { + "id": "pdi-refugee-37-4-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A97 — Danger of torture", + "marginal_note": "Danger of torture", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Whether past or future, is the pain or suffering arising only from, inherent in, or incidental to lawful sanctions?", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Danger of torture (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-97.html" + }, + { + "id": "pdi-refugee-37-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A97 — Assessing risk to life or risk of cruel and unusual treatmen", + "marginal_note": "Assessing risk to life or risk of cruel and unusual treatment or punishment", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The PRRA decision maker must assess whether the applicant would be personally subjected to a risk to life or of cruel and unusual treatment or punishment.\nThe concept of “cruel and unusual treatment or punishment” is found in section 12 of the Canadian Charter of Rights and Freedoms (the Charter). Therefore, jurisprudence interpreting section 12 is applicable to section A97 assessments. Notions familiar to section 12 of the Charter are also present in international conventions that Canada has signed, such as the CAT , and the International Covenant on Civil and Political Rights (ICCPR). International jurisprudence, while not binding, can provide helpful guidance.\nThe following propositions, taken from Charter jurisprudence, are applicable:\nthe treatment or punishment is of such character or duration that it would outrage the conscience of Canadians or be degrading to human dignity to remove someone to face such treatment or punishment\nthe treatment or punishment is disproportionate to the achievement of a valid social aim, is arbitrarily imposed or is excessive as to not be compatible with human dignity\nThese risks include actions that would constitute violations of fundamental human rights, such as – but not limited to – serious affronts on the physical and psychological integrity of the person.\nIn Cruz Varas and others v. Sweden ,  [1991] ECHR 26 , the European Court of Human Rights explained the minimum threshold of what constitutes inhuman treatment in the following words:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Assessing risk to life or risk of cruel and unusual treatment or punishment (part 1 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-97.html" + }, + { + "id": "pdi-refugee-37-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A97 — Assessing risk to life or risk of cruel and unusual treatmen", + "marginal_note": "Assessing risk to life or risk of cruel and unusual treatment or punishment", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "It is recalled that ill-treatment must attain a minimum level of severity (…) The assessment of this minimum is, in the nature of things, relative; it depends on all the circumstances of the case, such as the nature and context of the treatment, the manner and method of its execution, its duration, its physical or mental effects and, in some instances, the sex, age, and state of health of the victim.\nApplying the standard of proof\nThe standard to be met by an applicant alleging a risk to life or cruel and unusual treatment or punishment is the “balance of probabilities”, the usual standard in civil proceedings. This is also the standard applicable to section 12 of the Charter. Objective factual material must show a probability of risk to the applicant if removed.\nAssessing protection of the State (State agent and non-State agent)\nAlthough international jurisprudence stems generally from cases that directly involve the State as the agent of inhuman treatment, the notion of cruel and unusual treatment as defined in IRPA does not contain such a limitation. The cruel and unusual treatment or punishment does not necessitate the State as an accomplice. Assessments must address the ability of the State to protect the applicant against torture by State or non-State actors.\nFor more information, see state protection .\nAssessing the objective risk to life or of cruel and unusual treatment or punishment", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Assessing risk to life or risk of cruel and unusual treatment or punishment (part 2 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-97.html" + }, + { + "id": "pdi-refugee-37-5-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A97 — Assessing risk to life or risk of cruel and unusual treatmen", + "marginal_note": "Assessing risk to life or risk of cruel and unusual treatment or punishment", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The PRRA decision maker assesses whether the applicant would be personally subjected to a risk to life or of cruel and unusual treatment or punishment on an objective basis. The risk must be to the person. The assessment may include past events, but it is also foresighted. The PRRA decision maker must determine whether events related by the applicant, together with all the other evidence, including country conditions in the country of removal at the time of the decision, show that the applicant would be subjected to a risk to life or of cruel and unusual treatment or punishment if removed. Relevant considerations include the general situation in a country and, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.\nThe SCC’s decision R. v. Smith , [1987] 1 SCR 1045 ( Smith ) addressed section 12 of the Charter, which is the right not to be subjected to any cruel and unusual treatment or punishment.\nA punishment will be cruel and unusual if:\nThe punishment is of such character or duration as to outrage the public conscience or be degrading to human dignity\nThe punishment goes beyond what is necessary for the achievement of a valid social aim, having regard to the legitimate purposes of punishment and the adequacy of possible alternatives\nThe punishment is arbitrarily imposed in the sense that it is not applied on a rational basis in accordance with ascertained or ascertainable standards\nAdditionally, the SCC in Smith found that section 12 of the Charter ensures protection from punishments that are \"grossly disproportionate\". The SCC described a “grossly disproportionate” punishment as one that:\nIs unexpected and unanticipated in its severity\nShocks the communal conscience", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Assessing risk to life or risk of cruel and unusual treatment or punishment (part 3 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-97.html" + }, + { + "id": "pdi-refugee-37-5-p4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A97 — Assessing risk to life or risk of cruel and unusual treatmen", + "marginal_note": "Assessing risk to life or risk of cruel and unusual treatment or punishment", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Is \"unusual\" because of its extreme nature\nIs so unusual as to be cruel and so cruel as to be unusual\nAssessing the inability of the country of removal to provide medical care under subparagraph A97(1)(b)(iv)\nThe legislation provides that the risk to life must not be caused by the inability of the country of origin to provide adequate heath or medical care. A risk to life under section A97 does not require the PRRA decision maker to assess whether there is appropriate health and medical care available in the country in question (see Covarrubias v. Canada (Minister of Citizenship and Immigration) , 2006 FCA 365 ( Covarrubias ), and Singh v. Canada (Minister of Citizenship and Immigration) , 2004 FC 288 ). PRRA decision makers will use this exception with respect to PRRA applicants where it is evident that the country of removal is unable to provide adequate medical care, or chooses, in good faith, for legitimate political and financial priority reasons, not to provide such care to its nationals. However, it does not apply to deny protection to those applicants whose country engages in practices that are persecutory or discriminatory to the point of persecution with respect to the provision of access to medical treatment. In Covarrubias the Federal Court of Appeal distinguished a country’s inability from a country’s unjustified unwillingness to provide adequate medical care. Therefore not all claims in respect to health care should be excluded. The decision S.V. et al. v. Canada , CAT/C/26/D/49/1996, UN Committee Against Torture (CAT) 15 May 2001 also provides further background.\nAsking key questions", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Assessing risk to life or risk of cruel and unusual treatment or punishment (part 4 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-97.html" + }, + { + "id": "pdi-refugee-37-5-p5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A97 — Assessing risk to life or risk of cruel and unusual treatmen", + "marginal_note": "Assessing risk to life or risk of cruel and unusual treatment or punishment", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Similar to the questions regarding danger of torture, the following are sample questions the PRRA decision maker can ask to determine if there is risk to life or the possibility of cruel and unusual treatment or punishment:\nWho is the applicant?\nWhere is the applicant from?\nDoes the applicant face a risk to life or a risk of treatment or punishment that is cruel and unusual?\nIs the risk faced by the applicant personal? If the applicant has produced evidence of generalized human right violations, have they linked it to their specific situation to demonstrate that they are personally at risk?\nIs there adequate State protection that is effective on an operational level?\nIf not, is there a reasonable Internal Flight Alternative (IFA) or is risk faced in every part of the country?\nIf there is an IFA, is that part of the country reasonably accessible?\nIs treatment or punishment inherent in or incidental to lawful sanctions?\nAre sanctions imposed in disregard of accepted international standards?\nIs risk caused by the country’s inability to provide adequate health or medical care?\nNo nexus\nThere is no need to demonstrate that the applicant would face a risk of torture or to life or of cruel and unusual treatment or punishment for 1 of the 5 enumerated grounds set forth in the Refugee Convention. The sole question is whether there is a substantial and objective risk of torture or to life or of cruel and unusual treatment or punishment, regardless of whether it is based on any of the grounds specified in the definition of refugee.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Assessing risk to life or risk of cruel and unusual treatment or punishment (part 5 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-97.html" + }, + { + "id": "pdi-refugee-37-6-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A97 — Assurances in death penalty cases", + "marginal_note": "Assurances in death penalty cases", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The SCC ruled in the 2001 case of United States v. Burns , 2001 SCC 7 (Burns) that obtaining diplomatic assurances is a constitutional requirement before removing someone facing capital punishment/death penalty, unless there are exceptional circumstances. Thus the removal of persons to countries where there is more than a mere possibility that they will face the death penalty should not proceed, before acceptable assurances are sought and obtained from the destination country. These assurances need to state explicitly that the death penalty will not be imposed or if imposed will not be carried out. Exceptions to this course of action will be rare.\nThe United Nations Human Rights Committee in Roger Judge vs. Canada CCPR/C/78/D/829/1998, UN Human Rights Committee (HRC) 13 Aug 2003 (PDF, 145 KB) case ruled that Canada has an international obligation under Article 6 of the International Covenant on Civil and Political Rights not to remove a person facing the death penalty without assurances that this sentence will not be carried out.\nIn Burns , the SCC ruled that extradition to face the possibility of capital punishment is unconstitutional, as it violates the life, liberty and security of the person provisions found in section 7 of the Charter . Consequently, the government has to consider whether assurances are required in order for removal to be lawful and Charter-compliant.\nIn some situations, persons who have been charged with or convicted of serious crimes face the risk of a death penalty through the judicial system in the country to which they are facing removal. While these penalties may be legally sanctioned, such cases must be examined in light of international human rights instruments to which Canada is a party, as well as Canadian jurisprudence.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Assurances in death penalty cases (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-97.html" + }, + { + "id": "pdi-refugee-37-6-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A97 — Assurances in death penalty cases", + "marginal_note": "Assurances in death penalty cases", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Except where imposition of the death penalty is no more than a mere possibility in the domestic law of the destination country, PRRA decision makers will usually need to have assurances from that country with respect to whether the death penalty will be sought, and/or what actions will be taken to ensure that the death penalty will not be imposed, or, if it is imposed, to ensure that it will not be implemented. The specifics of assurances, obtained through diplomatic means, may vary, depending on the particular legal regime in place in the country of destination. PRRA decision makers will assess this evidence, along with all other relevant evidence, to determine whether there is more than a mere possibility that the person will face the death penalty in reaching a decision on the application for protection. The threshold here is different and lower than the standard of proof for section A97 .\nInitiation of a request for assurances\nThe decision whether or not to seek assurances should be made as early as possible in the enforcement process by the Canada Border Services Agency (CBSA) removals officer assigned to the case. Once the CBSA removals officer becomes aware that a person against whom a removal order is in force would face a risk of execution in the country to which they would be removed, the officer will, before informing the person of the opportunity to make a PRRA application, send a report electronically to the Decisions Unit at the Migration Integrity Operations Branch (MIOB).\nFor more information, see ENF10 – Removals (PDF, 879 KB) .\nThe information sent to MIOB should include the following:\nDocumentation regarding the crime (police report, court transcripts, Interpol notice, etc.) and sentencing, if convicted and sentenced", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Assurances in death penalty cases (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-97.html" + }, + { + "id": "pdi-refugee-37-6-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A97 — Assurances in death penalty cases", + "marginal_note": "Assurances in death penalty cases", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Documentation on the law in the location where the crime was committed (wording of the law, official translation if required)\nDocumentation on the Canadian equivalency\nA MIOB analyst will prepare a recommendation, for consideration by the Director General (MIOB) in deciding whether to seek assurances. Resolution occurs when the Director General (MIOB) decides not to seek assurances; or when assurances are sought and received from Global Affairs Canada (GAC). If assurances are obtained, they will be disclosed to the applicant and their representative (if applicable) by the CBSA removals officer.\nThe PRRA application process will not commence until a decision is made whether to seek assurances. If the decision to seek assurances is positive, the PRRA process starts after assurances have been received from the country of destination.\nConsequently, a PRRA decision shall not be rendered until the issue of assurances has been resolved (either by the decision by MIOB not to pursue assurances or the receipt of such assurances from GAC). Once assurances have been obtained, these applications will be given the highest possible priority.\nReferral of cases when the issue of assurances is not resolved\nIn a situation where a PRRA notification was given and the PRRA decision maker becomes aware that an applicant may face the death penalty and MIOB has not yet been contacted, the PRRA decision maker shall immediately suspend processing and notify the Decisions Unit of MIOB. MIOB will advise the PRRA decision maker on next steps and liaise with the CBSA Case Management to ensure all documents listed above are obtained and transferred to MIOB.\nOn receipt of assurances", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Assurances in death penalty cases (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-97.html" + }, + { + "id": "pdi-refugee-37-6-p4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Interpreting section A97 — Assurances in death penalty cases", + "marginal_note": "Assurances in death penalty cases", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "If assurances were sought and obtained before the person was informed of the opportunity to make a PRRA application, the CBSA removals officer will include the assurance in the package when they offer the person the opportunity to apply for a PRRA. The person will have the same prescribed time period for providing submissions with respect to the assurances as they do for the PRRA, which is 30 days after they were offered PRRA. If assurances were sought and obtained only after the PRRA application process has commenced, the CBSA removals officer will inform the applicant that assurances have been obtained, and provide the applicant and the Immigration, Refugees and Citizenship Canada (IRCC) manager with a copy of the assurances. The applicant will be given a period of 15 days in which to respond to the assurances before the PRRA decision maker proceeds to consider the application further. The applicant may request an extension of time to respond. The granting of an extension is discretionary, but a request cannot be unreasonably refused.\nThe PRRA decision maker will consider the assurances in light of all of the submissions and other information available, as well as current jurisprudence such as Burns .\nWhere no assurances are obtained\nIf assurances were not sought, or were sought but not obtained, the PRRA process will commence or resume, as applicable. The CBSA removals officer will inform the applicant in writing or in person and the IRCC manager of the final outcome of the assurances. As above, the PRRA decision maker will consider the application in view of the submissions and relevant jurisprudence.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Assurances in death penalty cases (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/irpa-section-97.html" + }, + { + "id": "pdi-refugee-38-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Decisions", + "marginal_note": "Pre-removal risk assessment (PRRA): Decisions", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Pre-removal risk assessment (PRRA): Decisions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-decisions.html" + }, + { + "id": "pdi-refugee-38-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Decisions — On this page", + "marginal_note": "On this page", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Writing guidelines\nReasonableness standard in administrative review\nAvoiding bias or appearance of bias\nHandling PRRA decisions\nSubmissions received after a PRRA decision is made\nRequests for reconsiderations of a negative decision\nSteps\nFactors to review when deciding whether to reconsider", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-decisions.html" + }, + { + "id": "pdi-refugee-38-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Decisions — Writing guidelines", + "marginal_note": "Writing guidelines", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The program delivery instructions (PDI) on Decision making: Standard of review and process for making a reasonable decision provide a clear process for all decision makers on how to make a reasonable defensible decision. This guidance came out of the Supreme Court of Canada (SCC) decision in Canada (Minister of Citizenship and Immigration) v. Vavilov , 2019 SCC 65 ( Vavilov ).\nAdapted and summarized from the above referenced PDI, the following steps help to ensure well-written and defendable decisions in the PRRA context.\nDecision makers must:\nIdentify the application requirements that must be met before proceeding\nIdentify the legal requirements that must be satisfied under PRRA, under section 96 , section 97 , section 98 , subsection 112(3) and section 113 of the Immigration and Refugee Protection Act (IRPA)\nIdentify the facts to be proven; the facts material to the risk assessment\nApply the appropriate standard of proof in coming to a decision\nThe standard of proof for PRRA decisions is a balance of probabilities\nIdentify the relevant evidence\nConsider the applicant’s submissions\nConsider recent documentary evidence such as that from the Immigration and Refugee Board of Canada (IRB) National Documentation Packages\nRemember the burden of proof rests with the applicant\nAssess the credibility of the evidence\nCredibility refers to worthiness of belief (for example: Is this a trustworthy source of information?)\nIn case of concerns with the credibility of the evidence, follow procedural fairness to ensure the applicant is made aware of these concerns and has the opportunity to respond to them\nAvoid veiled credibility findings by holding an oral hearing as necessary\nAvoid reasoning that is legally flawed or based on unsupported assumptions or absurd premises", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Writing guidelines (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-decisions.html" + }, + { + "id": "pdi-refugee-38-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Decisions — Writing guidelines", + "marginal_note": "Writing guidelines", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Determine the probative value of the evidence\nProbative value refers to the capacity of the evidence to establish the fact it is used to prove (for example: If this information is true, what does it prove?)\nDetermine the weight of the evidence\nWeight is a function of credibility and probative value (weight = credibility x probative value)\nIf evidence with high probative value is given little weight without making a credibility finding (and without an oral hearing), a reviewing court may find that a veiled credibility finding has been made\nDetermine the sufficiency of the evidence\nSufficiency refers to how much evidence is required to establish a fact (for example: Does the evidence satisfy the decision maker of the facts based on a balance of probabilities?)\nMake a decision\nFollow the rules of procedural fairness\nAvoid bias by using neutral language\nEnsure that all relevant evidence has been considered\nIdentify irrelevant evidence with an explanation as to why it is not used\nRecord the decision in writing\nFollow the PRRA template structure by having a summary of the facts or evidence, an analysis and then a conclusion that references the applicable provisions in the IRPA, along with the appropriate standard of proof and legal test\nUse neutral, comprehensible language \nThe rationale or reason for the determination should be fully transparent, intelligible and justified in relation to the relevant facts and law\nProofread the decision before finalizing it", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Writing guidelines (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-decisions.html" + }, + { + "id": "pdi-refugee-38-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Decisions — Writing guidelines", + "marginal_note": "Writing guidelines", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "All decisions may be challenged at the Federal Court. Among other things, a decision may be challenged on the basis that there was a breach of procedural fairness, or that the decision is not reasonable. A reasonable decision is one that is based on an internally coherent and rational chain of analysis and that is justified in relation to the facts or law that constrain the decision maker.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Writing guidelines (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-decisions.html" + }, + { + "id": "pdi-refugee-38-3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Decisions — Reasonableness standard in administrative review", + "marginal_note": "Reasonableness standard in administrative review", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The PDI on Decision making: Standard of review and process for making a reasonable decision notes the difference between a standard of  review  and standard of  proof . The courts use a standard of review when assessing decision makers’ decisions. A standard of proof refers to the degree that decision makers must be satisfied that a fact has been proven.\nThe SCC noted that reasons “are the primary mechanism by which administrative decision makers show that their decisions are reasonable” and emphasized that reasonableness review looks at both the reasoning process and outcome of the decision. The hallmarks of reasonableness are justification, transparency, and intelligibility, as well as whether the outcome is justified in relation to the relevant factual and legal constraints that bear on the decision. Decisions may be called into question if the reasons exhibit clear logical fallacies, such as circular reasoning, false dilemmas, or unfounded generalizations.\nThe Vavilov decision highlights the importance of reasons, and emphasizes how the treatment and weight given to evidence leads to clear and intelligible reasons. In cases where an oral hearing is conducted, either in accordance with subparagraph A101(1)(c.1) or section 167 of the Immigration and Refugee Protection Regulations (IRPR), decision makers should give applicants sufficient opportunity to address credibility concerns. Doing so, decision makers are better positioned to draw intelligible inferences in their reasons. As well, this mitigates the risk of the Court deeming a decision unreasonable due to veiled credibility findings.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Reasonableness standard in administrative review", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-decisions.html" + }, + { + "id": "pdi-refugee-38-4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Decisions — Avoiding bias or appearance of bias", + "marginal_note": "Avoiding bias or appearance of bias", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "PRRA decision makers have an obligation to ensure impartiality in the process by which they come to their decision, and in the wording of the decision itself.\nImpartiality refers to the state of mind or attitude of the decision maker in relation to the issues and the parties in a particular case. A decision maker may have preconceived ideas on a specific topic and reveal this through their words or actions.\nThe test for reasonable apprehension of bias is whether or not an informed person, viewing the matter realistically and practically and having thought the matter through, would think it more likely than not that the decision maker would unconsciously or consciously decide an issue unfairly.\nThe decision makers must be careful of the language used during the hearing or the decision to avoid appearance of bias. The decision should show that they made a fair and well-considered decision. Their consideration of the evidence and the weight afforded to it should be apparent.\nManagers should consider the potential for apprehension of bias when cases are assigned to PRRA decision makers.\nDecision makers should inform managers of personal circumstances that may give rise to an apprehension of bias, such as previous involvement in an applicant's case by the decision maker or a family member. A family relationship between decision makers who work on cases involving the same applicant, on its own, would not necessarily require consideration of recusal, unless an allegation of bias is made.\nIn considering whether they should recuse themselves, decision makers should ask themselves whether a reasonable person, apprised of all the facts, would apprehend bias if they were to decide the case. Note that the  Values and Ethics Code for the Public Sector states: \"if a conflict should arise [real, potential or apparent] between the private interest and the official duties of a public servant, the conflict shall be resolved in favour of the public interest\".", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Avoiding bias or appearance of bias", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-decisions.html" + }, + { + "id": "pdi-refugee-38-5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Decisions — Handling PRRA decisions", + "marginal_note": "Handling PRRA decisions", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Once a final decision is made on the PRRA, the Canada Border Services Agency (CBSA) removals office is notified. The CBSA removals officer calls in the applicant and delivers the decision letter in person.\nIf requested, the removals officer will provide the applicant with a copy of the decision maker’s detailed notes. If the decision is that the applicant is not at risk, the removals officer will advise the applicant of the opportunity for judicial review of the decision and proceed with removal arrangements. Applicants found to be at risk, if applicable, are provided with a Verification of Status document and information on how to apply for permanent residence as a protected person.\nThe CBSA delivers PRRA decisions to applicants in the course of a removal interview.\nFor more information on the subsection A112(3) process, see Applicant restrictions on access to protection .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Handling PRRA decisions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-decisions.html" + }, + { + "id": "pdi-refugee-38-6", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Decisions — Submissions received after a PRRA decision is made", + "marginal_note": "Submissions received after a PRRA decision is made", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The timely delivery of decisions by the CBSA ensures that the PRRA decision is based on relatively current information. In some cases, the CBSA may require more time to finalize removal arrangements. In Chudal v. Canada ( Minister of Citizenship and Immigration ), 2005 FC 1073 , the Federal Court ruled that a PRRA decision maker must consider submissions made by a PRRA applicant up to the point where the applicant is notified that a decision has been made. The stay of removal under paragraph R232(c) continues until that point. Any submissions made after the decision has been delivered must be considered as a subsequent application as per section R165 , for which there is no stay of removal. In addition, a refused PRRA applicant may be subject to the 12-month PRRA bar as per paragraph A112(2)(c) . For more information on the PRRA bar, see Intake .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Submissions received after a PRRA decision is made", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-decisions.html" + }, + { + "id": "pdi-refugee-38-7", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Decisions — Requests for reconsideration of a negative decision", + "marginal_note": "Requests for reconsideration of a negative decision", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The PDI on Reconsideration after refusal gives an overview of this process.\nWhile decision makers are not obligated to reconsider previous decisions, they must consider the request. The legal doctrine of functus officio does not automatically bar such reconsideration, as per the Federal Court of Appeal decision in Canada (Citizenship and Immigration) v. Kurukkal , 2010 FCA 230 . When an applicant requests that their decision be reconsidered, a decision maker may exercise their discretion in determining whether such reconsideration is warranted.\nAn applicant’s dissatisfaction or disagreement with the decision does not by itself mean reconsideration is warranted.\nWhen possible, reconsideration requests should be assigned to the original decision maker.\nSteps\nDecide whether to reconsider the decision (see Factors to review when deciding whether to reconsider, below)\nNotify the applicant about whether the decision will be reconsidered\nIf refusing to reconsider, the decision maker may refer to the original decision, which outlined the reasons their application was rejected\nRecord the reasons why the reconsideration request was granted or refused\nIf the decision maker decides to reconsider, they should:\nnotify the CBSA, which may suspend the applicant’s removal proceedings\nif the case involves litigation (for example, at the Federal Court), advise Immigration Litigation Management Division\nreconsider the case and render a new decision\nrecord the new decision\nnotify both the applicant and the CBSA of the new decision (the original decision stands or is now positive)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Requests for reconsideration of a negative decision", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-decisions.html" + }, + { + "id": "pdi-refugee-38-8", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Decisions — Factors to review when deciding whether to reconsider", + "marginal_note": "Factors to review when deciding whether to reconsider", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "When considering whether to exercise their discretion to reconsider, the decision maker is required to take all relevant circumstances into account. The onus is on the applicant to demonstrate that the circumstances warrant the exercise of discretion to reconsider the decision because it is in the “interest of justice” or because of the “unusual circumstances” of the case (Azizi v Canada (Citizenship and Immigration) , 2022 FC 751 ). The decision maker should consider the circumstances surrounding the original decision and whether they are of such a nature that reconsideration is warranted. They should look at the reasons being given for the reconsideration request and also consider the interests of administrative efficiency. The following is a non-exhaustive list of factors that may be relevant to consider:\nThe passage of time between the date of the original decision and the date of the reconsideration request\nWhether the decision maker failed to comply with the principles of natural justice or procedural fairness\nWhether it is necessary to reopen the decision to correct an administrative or other error due to lack of jurisdiction of the decision maker\nIf new evidence is submitted, whether that evidence is based on new facts (that is, facts that arose after the original decision was communicated to the applicant) and whether it is reliable and material or central to the decision\nIf new evidence is submitted, whether that evidence would be more appropriately considered in the context of a subsequent PRRA\nIf the additional evidence presented could have been available at the time of the original decision\nwhether the evidence is reliable and confirms a material fact\nwhy the applicant was unable to present the evidence, initially\nWhether there were any concerns regarding fraud or misrepresentation relating to a material fact, either in the original decision or with the new submissions", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Factors to review when deciding whether to reconsider", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-decisions.html" + }, + { + "id": "pdi-refugee-39-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings", + "marginal_note": "Pre-removal risk assessment (PRRA): Oral hearings", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nWhile the pre-removal risk assessment (PRRA) may be determined based only on documentary evidence, an oral hearing may be required in the following circumstances:\nCredibility-based hearings – Under paragraph 113(b) of the Immigration and Refugee Protection Act (IRPA), if the delegated PRRA decision maker is of the opinion that a hearing is required, one may be held on the basis of prescribed factors set out in section 167 of the Immigration and Refugee Protection Regulations (IRPR)\nMandatory hearings – The IRPA also states in section A113.01 that a hearing is mandatory for any applicant whose claim for refugee protection has been determined to be ineligible solely on the basis that it has been confirmed through an information sharing agreement that they have made a claim for refugee protection in another country\nRegardless of the reason for a hearing, the purpose is the same: to review the determinative issues by exploring issues of fact. The onus is on the applicant to provide general information related to their case through written submissions.\nPRRA decision makers shall conduct hearings in a manner that is fair and efficient. They must be sensitive to any particular circumstances, such as when the applicant is an unaccompanied minor or when a person’s disability, vulnerability and/or personal characteristics may require procedural accommodations and/or substantive considerations.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Pre-removal risk assessment (PRRA): Oral hearings", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-39-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings — On this page", + "marginal_note": "On this page", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "When to hold a hearing\nCredibility-based hearings\nMandatory hearings\nProviding notice\nIncluding all issues of fact\nScope of the examination\nDifference between issues of fact, issues of law, and issues of mixed fact and law\nConducting a hearing: General guidelines\nHearing procedures\nRecording the hearing\nFailure to appear\nRole of Counsel or representative\nParticular circumstances\nMinors\nSituations where a person’s disability, vulnerability and/or personal characteristics may require procedural accommodations and/or substantive considerations\nGender considerations\nCases involving sexual orientation, gender identity and expression, and sex characteristics (SOGIESC)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-39-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings — When to hold a hearing", + "marginal_note": "When to hold a hearing", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Credibility-based hearings\nParagraph A113(b) and section R167 provide for discretionary hearings when the PRRA decision maker is of the opinion that a hearing is required because the\nevidence raises a serious issue of credibility and is related to the factors set out in section A96 and section A97\nevidence is central to the decision to be rendered\nevidence, if accepted, would justify allowing the application\nThe PRRA decision maker will evaluate the application, assess the submissions, the evidence, and conduct thorough research on country conditions before determining whether a hearing is necessary.\nFor example, a PRRA decision maker may determine that it is unnecessary to hold an oral hearing in the following circumstances:\nthe applicant appears to be credible, and the grounds for protection are established\nthe decision maker has no concerns regarding the applicant’s credibility and is assessing the sufficiency of the evidence provided\nthe Immigration and Refuge Board of Canada (IRB) found the applicant not credible and the applicant is relying solely on evidence that was previously rejected by the IRB due to lack of credibility (in other words, there is no new/admissible evidence raising a serious issue regarding the applicant’s credibility)\nA PRRA decision maker may determine that it is necessary to hold an oral hearing in the following circumstances:\nthe IRB determined that the applicant was credible, but new evidence that arose after the IRB decision or was not reasonably available, or that the applicant could not reasonably have been expected in the circumstances to have presented at the time of the decision, leads the decision maker to believe the applicant is not credible", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: When to hold a hearing (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-39-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings — When to hold a hearing", + "marginal_note": "When to hold a hearing", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "the IRB did not make a finding as to the applicant’s credibility, but the available evidence leads the decision maker to believe the applicant is not credible\nthe IRB found the applicant not credible, and the new evidence leads the decision maker to believe that the applicant is not credible\nsufficient objective evidence suggests that the applicant might be at risk, but the decision maker has insufficient information to make a finding on the applicant’s credibility\nThe PRRA decision maker must decide whether to hold a hearing on a case by case basis. If the factors in section R167 are not met, the PRRA decision maker does not need to convoke a hearing.\nMandatory hearings\nSection A113.01 requires mandatory hearings for PRRA applicants whose refugee claims were ineligible to be referred to the IRB solely on the basis of paragraph A101(1)(c.1) :\nthey had applied for asylum in a country other than Canada with which Canada has an information-sharing agreement before doing so in Canada and\nthat fact has been confirmed through information sharing\nIn these cases, PRRA decision makers must hold an oral hearing unless the application is approved without a hearing.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: When to hold a hearing (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-39-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings — Providing notice", + "marginal_note": "Providing notice", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The IRPR outline the hearing process.\nWhen convening a hearing, paragraph R168(a) provides that a notice shall be provided to the applicant of the date, time and place of the hearing. The notice shall also state all the determinative issues of fact that will be raised at the hearing. For example: confirming an applicant’s identity.\nIf the hearing notice does not identify a particular issue of fact, it will be considered not central to the decision or determinative of the application, or not something that raises a serious issue of the applicant’s credibility.\nIncluding all issues of fact\nPer paragraph R168(b) , the hearing is restricted to the issues raised in the notice, unless the PRRA decision maker finds that the applicant’s statements during the hearing raise other critical issues of fact. Therefore, it is important that the issues of fact stated in the notice cover all the central topics that the decision maker wishes to explore.\nFor all cases where a hearing is held, the PRRA decision maker shall not refuse an application on a determinative issue of fact which has not been discussed with the applicant. Decision makers must follow procedural fairness in all their communications with the applicant or representative. For cases where an issue arises following a hearing, decision makers must address these issues through a procedural fairness letter or subsequent hearing. For information on identifying issues central to the application, on weighing evidence and on factors that may lead to refusal of an application, see Processing procedures and guidelines .\nScope of the examination", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Providing notice (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-39-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings — Providing notice", + "marginal_note": "Providing notice", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Paragraphs R168(a) and (b) specify that only the determinative issues of fact are to be discussed at the hearing. The hearing is not a forum to make legal representations, although the applicant may make such representations through written submissions. The hearing is an administrative process restricted to discussing determinative issues of fact. This gives the applicant the opportunity to answer the decision maker’s questions with, if needed, the assistance of a barrister, or solicitor, or other counsel [ paragraph R168(c) ]. The decision maker does not make a decision on an application at the oral hearing.\nIt is important that the hearing notice be limited to issues of fact and that it not include issues of mixed fact and law or issues of law.\nGenerally, issues of law address the relevant legal tests. Issues of fact relate to the specific facts in a case. Issues of mixed fact and law are how the facts in a given case intersect with the relevant legal tests.\nThe table below demonstrates how these issues apply in the case of state protection, as an example.\nDifference between issues of fact, issues of law, and issues of mixed fact and law\nIssues of fact\nA decision maker can address issues of fact related to state protection at an oral hearing by focusing on “efforts made by the applicant to seek help from the authorities” to help inform their decision.\nIssues of law\nAn issue of law in relation to state protection determines what the requisite level of protection is on the part of the state. For example, the protection must be adequate at the operational level.\nIssues of mixed fact and law", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Providing notice (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-39-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings — Providing notice", + "marginal_note": "Providing notice", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "State protection is an issue of mixed fact and law. The evidence must demonstrate through facts that certain structures exist to provide protection but also that this is sufficient to reach the correct legal threshold to demonstrate the availability of state protection", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Providing notice (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-39-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings — Conducting a hearing: General guidelines", + "marginal_note": "Conducting a hearing: General guidelines", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The hearing is non-adversarial in nature. The PRRA decision maker leads the hearing and ensures it is conducted in a fair and efficient manner.\nThe decision maker shall restrict the hearing to the issues raised in the notice but may, per paragraph R168(b) , consider other determinative issues of fact if they are raised by the applicant’s statements at the hearing. When this happens, the decision maker should consider if any accommodation is necessary in line with the principles of procedural fairness . The accommodation could be a recess, an adjournment or an opportunity to provide further submissions post-hearing.\nIt is not appropriate for the applicant or representative to raise at the hearing issues that do not relate to the issues signalled in the notice, unless these issues arise from statements made by the applicant during the hearing. It is also not appropriate to use the hearing to make legal representations or present arguments.\nParagraph R168(d) stipulates that evidence from anyone other than the applicant should be provided in writing. The applicant cannot bring other witnesses to the hearing, unless a decision maker decides to hear from anyone other than the applicant for the purpose of verifying the evidence provided. This is necessary only in instances where the decision maker finds that questioning a witness is necessary for the purpose of resolving a determinative issue of fact.\nIn many cases, the decision maker will be required to arrange for an interpreter. At the outset of the hearing, the decision maker should verify that the interpreter and the applicant understand each other. Prior to and during the oral hearing, the interpreter is under contract to IRCC. Find out how to use the services of an accredited interpreter .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Conducting a hearing: General guidelines (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-39-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings — Conducting a hearing: General guidelines", + "marginal_note": "Conducting a hearing: General guidelines", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "When conducting a hearing, it is important for decision makers to be alert and sensitive to the nature of the information being discussed. Applicants may be requested to give evidence on traumatic experiences, which may be difficult to recall and relive during an interview. Decision makers are to exercise sound judgment when conducting hearings and to only question as necessary to establish the facts. In preparing their interview strategy and questions, decision makers should consider the possibility of retraumatization and proceed accordingly. Depending on the applicant and the risks raised, decision makers should refer to the IRB guidelines for assistance. For more information on the relevant guidelines, see Particular circumstances below.\nBefore concluding a hearing, applicants and their representative should be given an opportunity to provide any further information related to the issues of fact discussed in the hearing.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Conducting a hearing: General guidelines (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-39-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings — Hearing procedures", + "marginal_note": "Hearing procedures", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Hearings are held remotely, via MS Teams, by default.\nRemote PRRA hearings do not require applicants to travel to IRCC offices.\nIRCC recognizes that some applicants may have concerns about participating in a virtual hearing remotely due to the potential risk of a security breach through an external participant’s use of their personal device. If the applicant has such concerns, including if they do not have the necessary equipment or private location to participate in the hearing remotely, they can request a virtual on-site hearing and it will be facilitated. With an on-site virtual hearing, the applicant and, if applicable, their representative, the interpreter, and/or any observer/support person or witness, will use a secure computer on IRCC premises to participate.\nIRCC also recognizes that there are certain circumstances that may make holding a virtual hearing inappropriate, whether it is held remotely or on-site. If the applicant cannot participate in a virtual hearing, they can make a request for accommodation and an in-person hearing can be accommodated if it is necessary for fairness and natural justice, to protect the health, safety or security of a participant, or for other reasons, such as vulnerabilities not otherwise addressed.\nThe PRRA decision maker reviews on a case-by-case basis requests for accommodation and takes all concerns raised into consideration before deciding to accommodate, or not, an in-person hearing.\nStep 1: Initial file review and preparation of the Hearing letter and package\nThe PRRA decision maker will do the following:\nreview the file and identify any determinative issues\nreview the evidence and decide if there is extrinsic evidence that needs to be disclosed", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Hearing procedures (part 1 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-39-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings — Hearing procedures", + "marginal_note": "Hearing procedures", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "prepare the Notification of Hearing letter and package to ensure they identify all the issues of fact to discuss and any extrinsic evidence to disclose\nThe Hearing letter and package should contain the following information:\nthe date and time of the hearing and the issues of fact to be addressed\ninformation about remote virtual hearings and how to connect\nthe requirement for the applicant to bring paper or digital copies of identification documents, such as certified copies of the identification documents seized upon making a claim or a refugee protection identity document (RPID) or a refugee protection claimant document (RPCD)\nany extrinsic evidence to be disclosed\nthat an interpreter will be present (if required) and instructions on how to request one\nthat any additional documents that address the issues of fact in the notice that the applicant wants addressed in the hearing should be submitted to the PRRA decision maker at least 5 business days before the hearing\nStep 2: Pre-hearing preparation\nIf the applicant submits a request for an on-site virtual hearing, it will be facilitated.\nIf the applicant submits a request for accommodation, the PRRA decision maker will review the reasons submitted and determine if an in-person hearing will be accommodated.\nIf the applicant or their representative are not available at the set date and time, they should inform the PRRA decision maker as soon as possible, provide reasons and submit reasonable alternative dates. The decision maker should consider requests for rescheduling while considering the department’s overall objective to schedule hearings efficiently and fairly.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Hearing procedures (part 2 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-39-5-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings — Hearing procedures", + "marginal_note": "Hearing procedures", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "A request to reschedule the hearing for medical reasons should be supported by a medical certificate. Medical certificates should contain enough information to allow the decision maker to consider the request, such as the reason the applicant cannot participate in the hearing on the set date and time and when they expect to be able to participate.\nIf an on-site virtual hearing is requested or an accommodation request is granted for an in-person hearing, the PRRA decision maker or program support will book the hearing room. They will coordinate with the office(s) hosting the participants to make arrangements, such as coordinating with the clerk who will set up the on-site virtual or in-person hearing, informing security as required, and any other local measures, which vary from office to office.\nThe applicant can request an interpreter in the interpreter and observer request form. The PRRA decision maker or program support will arrange for an interpreter if required.\nThe program support will do the following tasks.\nFor remote virtual hearings:\nsend the MS Teams link to the applicant, their representative, and interpreter as applicable\nconfirm that all participants have connected to the videoconference by greeting them\nconfirm that there are no technological or connectivity issues and that the quality of the audio and video is satisfactory\norganize any documents that need to be referred to during the hearing as required\nOn-site virtual hearings:\nsend the MS Teams link to the applicant, their representative, and interpreter as applicable\nconfirm with the local office that the room is available and in order\nconfirm with the local office that the technology is working and ready\nconfirm that the local office is prepared to welcome and accompany participants", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Hearing procedures (part 3 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-39-5-p4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings — Hearing procedures", + "marginal_note": "Hearing procedures", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "organize any documents that need to be referred to during the hearing as required\ngreet all participants\nIn-person hearings:\nconfirm that the room is available and in order\nconfirm the technology is working and ready, if any is required\norganize any documents that need to be referred to during the hearing as required\ngreet all participants and accompany them to the room\nStep 3: Beginning the hearing\nThe PRRA decision maker will:\ngreet the applicant and representative, and try to put them at ease\ngreet the interpreter (if one is present), confirm their identity, and ensure that the applicant and interpreter understand each other\nTo do this, the decision maker should allow them to have a brief unstructured conversation to verify that they understand each other and are ready to proceed\nverify the applicant’s address, phone numbers, etc. to ensure their information is up to date\nask if they have any special concerns before starting, and address these questions, noting persons with vulnerabilities may require additional accommodation\nobtain explicit verbal consent from the applicant to proceed with the remote virtual hearing\nexplain the decision maker’s role and authority\nexplain that the applicant can speak to their counsel or representative privately, upon request, at any time during the hearing\nexamine identification documents to confirm the applicant’s identity\nconfirm that a signed Use of Representative form [ IMM 5476 (PDF, 2 MB) ] identifying the present counsel or representative is on file, and confirm their identity\nreview the list of determinative factors to be discussed at the hearing, as identified in the hearing notice\naccept any documents received in the hearing and record them in the hearing notes", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Hearing procedures (part 4 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-39-5-p5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings — Hearing procedures", + "marginal_note": "Hearing procedures", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Assess if these documents can be discussed during the hearing or if it is necessary to explain to the applicant that they will be reviewed afterwards as time is needed to give proper and full consideration to that evidence\nensure the applicant understands the decision maker and how the hearing will be conducted, including:\nthat it is a fact-finding hearing, and a decision will not be rendered at the end\nthat questioning is limited to the issues of fact in the notice, unless the applicant’s statements give rise to a new issue of fact\nthat the decision maker will question the applicant, and counsel or representative will be given an opportunity to clarify any facts at the end\nthe role of counsel or representative\nthe time set aside for a hearing (for example, 2 hours, 4 hours, a full day)\nStep 4: Eliciting information\nThroughout the hearing, the decision maker will:\nuse the application form as a guide\nkeep the vocabulary and sentence structure simple\nuse short sentences as much as possible, and give the interpreter time to translate\nask both open and closed questions to elicit information\navoid asking negative Yes/No questions, for example: “Do you not agree that…”; “Did you not…”\nNegative Yes/No questions can be confusing to applicants and interpreters, resulting in time lost explaining and rephrasing questions\navoid jargon, rephrase a question if it appears that the applicant has not understood it\nlimit questions to the issues of fact in the notice unless the applicant’s statements give rise to a new concern\nspeak respectfully at all times to all participants so as to maintain the dignity of the proceeding\nask only what cannot be determined from the file", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Hearing procedures (part 5 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-39-5-p6", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings — Hearing procedures", + "marginal_note": "Hearing procedures", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "be alert for inconsistencies, gaps and evasiveness, personal questions are acceptable, as long as the decision maker is respectful\nIf a new determinative issue arises during the hearing, the decision maker should consider making adjustments to the proceedings, such as a recess or adjournment if necessary.\nStep 5: Verifying the applicant’s information and giving the applicant the opportunity to address concerns\nThroughout the hearing, the decision maker will:\nprobe by asking closed questions about details the applicant should be able to provide\nremember the principles of procedural fairness and give the applicant reasonable opportunity to clarify facts and concerns\nobserve the applicants’ demeanor as they answer\napplicants are asked to ensure that their face and upper body are visible during the hearing\nremain neutral and objective while maintaining a rapport\nbe mindful of the time and allow for a short break if necessary\nStep 6: Giving the applicant the opportunity to respond\nDuring the hearing, the decision maker will:\nask the applicant if they wish to share any further information related to the issues of fact discussed in the hearing\nprovide counsel or representative with an opportunity to clarify any issues of fact discussed. Counsel or representative can question the applicant to do this. The decision maker may want to indicate the issues of fact that remain of central importance to the decision\nprovide counsel or representative with an opportunity to make any final comments related to the issues of fact discussed\nStep 7: Conclusion – Explaining what happens next and answering any questions\nAs the hearing comes to a close, the decision maker will:\ngive the applicant an opportunity to clarify what has been said and make sure they understand", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Hearing procedures (part 6 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-39-5-p7", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings — Hearing procedures", + "marginal_note": "Hearing procedures", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "answer any questions the applicant has, adding these and the decision maker’s responses to the hearing notes\navoid giving information of which they are not certain\nask only for additional information or documentation if it is necessary to make a decision\nwrite down any further requirements for the applicant so they remember what is needed\nallow counsel or representative or the applicant to make post-hearing submissions if they wish\nprovide a specific due date for any post-hearing submissions and explain that if the submissions are not received in time, the decision may be rendered based on the information on file.\ninform the applicant of the next steps:\nthe decision maker conducting the hearing will be the decision maker making the decision\nthe applicant will be contacted by the Canada Border Services Agency (CBSA) to deliver the decision\nwritten reasons will be provided\nthe applicant will have the right to apply to the Federal Court for leave to have the decision judicially reviewed, if applicable\nStep 8: Post hearing\nThe decision maker will:\nreview the hearing notes as soon as possible after the hearing while it is all fresh\nwait the required time given for any post-hearing submissions, plus 5 business days for shipping, before proceeding with a decision\nassess any post-hearing submissions received\nrender a decision based on the totality of the evidence adduced both in writing and at the oral hearing\nDecisions shall not be based on issues of fact that were not discussed at the hearing. If new issues of fact arise subsequent to the hearing, the decision maker will present these to the applicant and counsel or representative via a procedural fairness letter or subsequent hearing.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Hearing procedures (part 7 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-39-6", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings — Recording the hearing", + "marginal_note": "Recording the hearing", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The PRRA decision maker takes notes during the hearing and these notes form the only record of the hearing. They should fairly and accurately reflect the oral evidence provided by the applicant, as well as the interactions between the applicant, counsel or representative, the interpreter, and the decision maker during the hearing.\nThe notes should be limited to the facts in question with no speculation or inappropriate comments. If one of the facts addressed becomes contentious, the notes should reflect the concerns raised, including a notation that concerns of the applicant or counsel or representative have been noted and will be considered. Decision makers should be conscientious with their notes as an application for judicial review of the decision may call them into question.\nHearing notes must be uploaded by the decision maker in a timely manner into the system of record as part of the application.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Recording the hearing", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-39-7", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings — Failure to appear", + "marginal_note": "Failure to appear", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Where the applicant fails to appear for a hearing, paragraph R169(a) provides that they should have a second opportunity to attend a hearing with notice before the application is declared abandoned. A notice convoking a new oral hearing should be sent as soon as reasonably possible. If the applicant fails to appear at the subsequent hearing, the application is declared abandoned. For more information, see Abandonment, withdrawal and vacation .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Failure to appear", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-39-8", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings — Role of counsel or representative", + "marginal_note": "Role of counsel or representative", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The PRRA process provides for a robust role for counsel participation that is both compliant with the Canadian Charter of Rights and Freedoms and with the principles of natural justice. Counsel’s role is essentially to protect their client’s interests and ensure that they have access to a fair process.\nCounsel or the representative plays a supportive role in PRRA hearings. They are allowed to assist the applicant during the hearing for the purposes of clarifying questions, assisting with responses, eliciting further information, and intervening if prejudicial statements are made to clarify or correct information. In line with natural justice, in cases where the issues are more complex (such as those where exclusion is raised or cases dealing with persons with vulnerabilities), they may play a more significant role.\nFor more information, see the section on Conducting a hearing: General guidelines .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Role of counsel or representative", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-39-9-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings — Particular circumstances", + "marginal_note": "Particular circumstances", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "In conducting hearings on applications for protection, PRRA decision makers will encounter a variety of cases requiring sensitivity and thoughtful consideration. Decision makers should particularly exercise sound judgment and remain alert and sensitive to the needs and limitations of applicants, including the need for procedural accommodations and substantive considerations.\nMinors\nOn occasion, decision makers may find it necessary to question children, defined by the Convention on the Rights of the Child as persons under 18 years of age. These can present themselves as both accompanied and unaccompanied minors.\nIn general, children are not able to present evidence with the same degree of precision as adults with respect to context, timing, importance and details. They may be unable, for example, to provide evidence about the circumstances surrounding their past experiences or their fear of future persecution. In addition, children may manifest their fears differently from adults.\nSpecial consideration and an awareness of the best interests of the child must be applied when dealing with eliciting testimony from children. This is particularly true in the case of unaccompanied minors. In such cases, decision makers should consider whether the children may be excused from attending the hearing or from attending sensitive portions of the questioning.\nDecision makers should consult the updated Chairperson’s Guideline 3: Proceedings Involving Minors at the Immigration and Refugee Board . Decision makers should discuss any concerns of this type with their manager, who may afterwards seek functional guidance if necessary by sending a request to the Asylum Branch (AB).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Particular circumstances (part 1 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-39-9-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings — Particular circumstances", + "marginal_note": "Particular circumstances", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Situations where a person’s disability, vulnerability and/or personal characteristics may require procedural accommodations and/or substantive considerations\nDecision makers occasionally receive applications for protection from persons for whom a hearing or other case process is particularly challenging because their ability to present their case is severely impaired due to a physical or psychological condition or for other reasons. Such persons may include, but would not be limited to, people experiencing mental illness, minors, the elderly, and survivors of torture, genocide and crimes against humanity.\nDecision makers may find that persons in such situations have issues affecting their memory, behaviour, or ability to recount relevant events. These issues could result in symptoms which have an impact on the consistency and coherence of their testimony. Such vulnerabilities require special consideration to ensure they are identified and that appropriate procedural accommodations are made for the applicants.\nFor further information, decision makers should consult the Chairperson’s Guideline 8: Accessibility to IRB Proceedings – Procedural Accommodations and Substantive Considerations . Decision makers should discuss any concerns of this type with their manager, who may afterwards seek functional guidance if necessary by sending a request to the Asylum Branch (AB).\nGender considerations", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Particular circumstances (part 2 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-39-9-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings — Particular circumstances", + "marginal_note": "Particular circumstances", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Gender is not specifically identified as an independent enumerated ground for establishing Convention refugee status. However, support has grown for recognizing the particular risks experienced by women, girls and individuals with diverse sexual orientations, gender identities, and gender expressions due solely to their gender, gender expression, gender identity, or perceived gender (assessed as part of a particular social group) or in combination with any of the other enumerated grounds. These risks include, but are not limited to, rape, infanticide, genital mutilation, bride-burning, forced marriage, honour based or domestic violence, forced abortion or compulsory sterilization and trafficking or sexual slavery and exploitation.\nThese applicants may face special difficulty in establishing their credibility to an outsider. Depending on their background, such applicants may experience an internal turmoil that is not visible to others. They also may be reluctant to disclose their experiences of abuse and sexual violence in order to not “shame” their families or communities.\nApplicants who have been subjected to domestic violence may exhibit a pattern of behaviour and emotions related to Intimate Partner Violence or IPV (formerly known as Battered Woman Syndrome). They may also be reluctant to testify. Applicants in such cases may require extremely sensitive handling and understanding.\nFor further information, decision makers should consult the Chairperson’s Guideline 4: Gender Considerations in Proceedings Before the Immigration and Refugee Board . Decision makers should discuss any concerns of this type with their manager, who may afterwards seek functional guidance if necessary by sending a request to the Asylum Branch (AB).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Particular circumstances (part 3 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-39-9-p4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings — Particular circumstances", + "marginal_note": "Particular circumstances", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Cases involving sexual orientation, gender identity and expression, and sex characteristics (SOGIESC)\nSome applicants may identify as part of a minority based on their sexual orientation, gender identity and expression, and sex characteristics (SOGIESC). This includes, but is not limited to, lesbians, gay men, bisexual, trans, intersex and queer individuals.\nDepending on factors such as race, ethnicity, religion, faith or belief system, age, disability, health status, social class and education, persons with diverse sexual orientations, gender identities and expressions, and sex characteristics may recognize and express their identity differently. There is no standard set of criteria that can be relied upon to establish a person’s identification as an individual with diverse SOGIESC. A person’s testimony may be the only evidence of their SOGIESC where, in a given case, corroborative or additional evidence is not reasonably available.\nPersons with diverse SOGIESC may conceal their SOGIESC in their country of reference out of mistrust or fear of repercussion by state and non-state actors, or due to previous experiences of stigmatization and violence. These circumstances may manifest themselves as an individual being reluctant to discuss, or having difficulty discussing, their SOGIESC with a decision maker. This could be based on a fear or general mistrust of authority figures, particularly where intolerance or punishment of persons with diverse SOGIESC are sanctioned by state officials in a person’s country of reference.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Particular circumstances (part 4 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-39-9-p5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Oral hearings — Particular circumstances", + "marginal_note": "Particular circumstances", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Cases involving SOGIESC individuals are similar to others in that negative inferences may be drawn from inconsistencies or omissions, but personal, cultural, social, economic, legal factors, as well as mental well-being, language barriers, and trauma, should be considered when evaluating credibility.\nFor further information, decision makers should consult Guideline 9: Proceedings Before the IRB Involving Sexual Orientation, Gender Identity and Expression, and Sex Characteristics . Decision makers should discuss any concerns of this type with their manager, who may afterwards seek functional guidance if necessary by sending a request to the Asylum Branch (AB).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Particular circumstances (part 5 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-oral-hearings.html" + }, + { + "id": "pdi-refugee-40-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Removals and stay of removal", + "marginal_note": "Pre-removal risk assessment (PRRA): Removals and stay of removal", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Pre-removal risk assessment (PRRA): Removals and stay of removal", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-removals-stays-removal.html" + }, + { + "id": "pdi-refugee-40-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Removals and stay of rem — On this page", + "marginal_note": "On this page", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Country of removal\nStays of removal\nDuration of regulatory and Ministerial stays\nReview of Ministerial stay of removal\nWhen to review: Change in circumstances\nProcess for review of stay of removal", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-removals-stays-removal.html" + }, + { + "id": "pdi-refugee-40-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Removals and stay of rem — Country of removal", + "marginal_note": "Country of removal", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Per paragraph 4(2)(b) of the Immigration and Refugee Protection Act (IRPA), the Minister of Public Safety and Emergency Preparedness is responsible for the administration of IRPA as it relates to its enforcement, including removal.\nRemovals must proceed in accordance with section 241 of the Immigration and Refugee Protection Regulations (IRPR), which states:\n(1) If a removal order is enforced under section 239, the foreign national shall be removed to\n(a) the country from which they came to Canada;\n(b) the country in which they last permanently resided before coming to Canada;\n(c) a country of which they are a national or citizen; or\n(d) the country of their birth.\n(2) If none of the countries referred to in subsection (1) is willing to authorize the foreign national to enter, the Minister shall select any country that will authorize entry within a reasonable time and shall remove the foreign national to that country.\n(3) Despite section 238 and subsection (1), the Minister shall remove a person who is subject to a removal order on the grounds of inadmissibility referred to in paragraph 35(1)(a) of the Act to a country that the PS Minister determines will authorize the person to enter.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Country of removal", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-removals-stays-removal.html" + }, + { + "id": "pdi-refugee-40-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Removals and stay of rem — Stays of removal", + "marginal_note": "Stays of removal", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Duration of regulatory and Ministerial stays\nSection R232 states that a stay is effective until the earliest of the following events occurs:\nImmigration, Refugees and Citizenship Canada (IRCC) receives confirmation in writing from the person that they do not intend to apply for PRRA\nthe person does not apply within the period provided under section R162 (15 days after notification)\nthe PRRA application is rejected\nif a decision to allow the application for protection is made under paragraph A114(1)(a ), the decision with respect to the person’s application to remain in Canada as a permanent resident is made\nin the case of a person to whom subsection A112(3) applies, the stay is re-examined under subsection A114(2) and the Minister of Citizenship and Immigration cancels the stay\nThere is no obligation under IRPA for a protected person to apply for permanent residence (PR). After the positive PRRA decision is communicated to the applicant, the removal order is no longer enforceable. If a protected person applies for PR, and that application is refused, they continue to hold protected person status.\nReview of Ministerial stay of removal\nWhen the application for protection made by an applicant who is referred to in subsection A112(3) , including an applicant who is named in a certificate described under subsection A77(1) , is allowed, this decision results in a stay of the removal order concerning a country or place in respect of which the person is in need of protection.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Stays of removal (part 1 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-removals-stays-removal.html" + }, + { + "id": "pdi-refugee-40-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Removals and stay of rem — Stays of removal", + "marginal_note": "Stays of removal", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The stay is applicable for an indefinite duration. However, the Minister of Citizenship and Immigration may, pursuant to subsection A114(2) , re-examine the circumstances surrounding a Ministerial stay of the enforcement of a removal order at their discretion. The re-examination procedures contained in subsection R173(1) require that the person concerned is to receive the following documents:\na notice of re-examination\na written assessment on the basis of the factors set out in section A97\na written assessment on the basis of the factors set out in subparagraphs A113(d)(i) or (ii) as the case may be\nWhen to review: Change of circumstances\nA stay may be reviewed on the basis of a change of circumstances affecting a person’s risk factors under section A97 , including changes with respect to the country conditions or with respect to the person. It may also be reviewed on the basis of changes to the paragraph A113(d) assessment pertaining to the danger the person poses to the public or to the security of Canada, or the nature and severity of the acts committed.\nProcess for review of stay of removal", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Stays of removal (part 2 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-removals-stays-removal.html" + }, + { + "id": "pdi-refugee-40-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Removals and stay of rem — Stays of removal", + "marginal_note": "Stays of removal", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The Canada Border Services Agency (CBSA) monitors the subsection A112(3) list of those who have received a stay of removal. When the CBSA is of the view that the circumstances surrounding a stay have changed and a review is warranted, a notice of re-examination, referred to in paragraph R173(1)(a) , will be sent to the person as well as relevant documents with respect to the reasons why the stay is reviewed along with the previous decision. The person will be given 15 days to make submissions to the Social Immigration Operations Division (SIOD) intake office in response to the notice of re-examination and accompanying documents. The CBSA will concurrently notify IRCC SIOD and IRCC Migration Integrity Operations Branch (MIOB) that they are initiating a cancellation of stay request under subsection A114(2) .\nThe person’s submissions regarding risk will be assessed by a senior immigration officer against the factors in section A97 , as per paragraph R173(1)(b) . The senior immigration officer will assess whether the applicant is at risk, and the senior immigration officer or program support staff will send the assessment to the CBSA removals office who will then forward it to the MIOB. Should the MIOB senior decision maker determine that the applicant is not at risk, the stay of removal will be cancelled, and the CBSA will resume the removal proceedings.\nIf the senior immigration officer finds that the applicant faces personalized risk as described in section A97 , that will be the assessment referred to in paragraph R173(1)(b) . The senior immigration officer or program support staff will send the assessment to the CBSA removals office.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Stays of removal (part 3 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-removals-stays-removal.html" + }, + { + "id": "pdi-refugee-40-3-p4", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Removals and stay of rem — Stays of removal", + "marginal_note": "Stays of removal", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The CBSA removals office and the CBSA Danger Assessments & National Security Cases Unit (DANSC) will prepare supporting documentation regarding the restrictions set out in paragraphs A112(3)(a), (b), (c) , and subparagraphs A113(d)(i) or (ii) , as applicable, and send the supporting documentation regarding these restrictions, as well as the PRRA assessment and supporting documents, to MIOB at IRCC. In paragraph A112(3)(a) cases, and paragraph A112(3)(c) cases where the person was excluded on the basis of paragraph F(a) or (c) of Article 1 of the United Nations 1951 Convention relating to the Status of Refugees, DANSC will also prepare an assessment in accordance with paragraph R173(1)(c) as described below, before sending the case to MIOB.\nAn analyst at MIOB or the DANSC, as applicable, will prepare an assessment, in accordance with paragraph R173(1)(c) with respect to whether the person is a danger to the public, or a danger to the security of Canada, or the nature or severity of the acts committed by the person are such that the person should be removed from Canada. The assessments referred to in paragraphs R173(1)(b) and (c) , including the supporting documentation, and any new extrinsic evidence related and central to the assessment, are disclosed to the person via the CBSA removals office.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Stays of removal (part 4 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-removals-stays-removal.html" + }, + { + "id": "pdi-refugee-40-3-p5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Removals and stay of rem — Stays of removal", + "marginal_note": "Stays of removal", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "These assessments are usually given to the person by hand. If sent by courier or registered mail, they are deemed received 7 days after the day they are mailed to the last address provided. The applicant will have 15 days to make further submissions, and may request an extension of time to respond. IRCC has the discretion to grant an extension. In determining whether to grant an extension, officers should consider the reasonableness of the request and the need to ensure the fairness and efficiency of the proceeding.\nOnce the applicant’s submissions are received, the CBSA forwards them to MIOB. A senior decision maker will make a decision to cancel or maintain the stay. The stay will be maintained if the senior decision maker is of the opinion that the risks that the person would face upon removal outweigh the danger they constitute to the public in Canada, or to the security of Canada, or the nature and severity of the acts committed as the case may be. However, should the senior decision maker decide that the risk to the person no longer exists, or that it is outweighed by the danger they constitute to the public in Canada, or to the security of Canada, or the nature and severity of the acts committed, as the case may be, the stay will be cancelled. MIOB will communicate the decision to the CBSA and the CBSA informs the person. If the decision is to cancel the stay, the removal process resumes.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Stays of removal (part 5 of 5)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-removals-stays-removal.html" + }, + { + "id": "pdi-refugee-41-0", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Abandonment, withdrawal, and vacation", + "marginal_note": "Pre-removal risk assessment (PRRA): Abandonment, withdrawal, and vacation", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Pre-removal risk assessment (PRRA): Abandonment, withdrawal, and vacation", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-abandonment-withdrawal-vacation.html" + }, + { + "id": "pdi-refugee-41-1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Abandonment, withdrawal, — On this page", + "marginal_note": "On this page", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Abandonment\nWithdrawal\nVacation\nWhen vacation is initiated\nAdverse information should be disclosed\nDecision on vacation\nVacation pending application for permanent residence or where person is a permanent resident", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-abandonment-withdrawal-vacation.html" + }, + { + "id": "pdi-refugee-41-2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Abandonment, withdrawal, — Abandonment", + "marginal_note": "Abandonment", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Section 169 of the Immigration and Refugee Protection Regulations (IRPR) provides the conditions under which an application will be declared abandoned. Abandonment applies when applicants fail to attend a second scheduled hearing after being given notice, or when they voluntarily depart Canada.\nIn the case of failure to attend a hearing, paragraph R169(a) stipulates that the applicant should be afforded a second opportunity to attend a hearing with prior notice. Should the applicant fail to appear at the subsequent hearing, the application is declared abandoned.\nParagraph R169(b) states the PRRA application is declared abandoned if an applicant voluntarily departs Canada, when their removal order is enforced under section R240 , or when they otherwise leave the country.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Abandonment", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-abandonment-withdrawal-vacation.html" + }, + { + "id": "pdi-refugee-41-3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Abandonment, withdrawal, — Withdrawal", + "marginal_note": "Withdrawal", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Section R170 provides a legal basis for applicants to withdraw an application for protection. Notice of withdrawal must be made in writing and the application is declared withdrawn on receipt of the notice. Withdrawal requests have to be made to the Canada Border Services Agency (CBSA).\nWithdrawal and abandonment result in the rejection of the application. Section R171 states that an application for protection is rejected when a decision is made not to allow the application or when the application is declared withdrawn or abandoned.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Withdrawal", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-abandonment-withdrawal-vacation.html" + }, + { + "id": "pdi-refugee-41-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Abandonment, withdrawal, — Vacation", + "marginal_note": "Vacation", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "As per subsection 114(3) of the Immigration and Refugee Protection Act (IRPA), the Minister of Citizenship and Immigration has the authority to vacate a decision to allow a PRRA application if they are of the opinion that it was obtained as a result of directly or indirectly misrepresenting or withholding material facts on a relevant matter. When a PRRA decision is vacated, the decision is nullified and the application for protection is deemed to have been rejected at the time of the decision to vacate.\nThe Regulations do not specify the procedure for vacation of PRRA decisions. The following procedures for vacation will ensure that vacation decisions are made in an efficient manner, while respecting the procedural rights of the person concerned.\nWhen vacation is initiated\nVacation is permitted only where the decision to allow a PRRA application resulted from misrepresentation or withholding of relevant information. It does not apply where circumstances in the country of removal have changed such that the person would no longer be in need of protection.\nOccasionally, decision makers obtain evidence or facts indicating that the decision to allow the original protection application was obtained as a result of direct or indirect misrepresentation or withholding of facts on a relevant matter. However, it is more likely that the information comes to light through other means, such as through inquiries or investigations conducted with respect to the person, either by the CBSA or by other Immigration, Refugees and Citizenship Canada (IRCC) officers.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Vacation (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-abandonment-withdrawal-vacation.html" + }, + { + "id": "pdi-refugee-41-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Abandonment, withdrawal, — Vacation", + "marginal_note": "Vacation", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "The manager should handle communication on these cases with other IRCC branches or with the CBSA. For information on commencing vacation proceedings, managers should request functional guidance by sending a request to the Asylum Branch (AB).\nIf formal vacation proceedings commence, the manager should ensure that the case is assigned to a decision maker who had no previous involvement with the PRRA or other applications by the same person.\nFor further guidance, decision makers should discuss the case with their manager who can in turn request functional guidance by sending a request to the Asylum Branch (AB).\nAdverse information should be disclosed\nIf a decision maker has a case where facts and evidence may lead to the conclusion that there has been misrepresentation or withholding of facts on a relevant matter, they shall send a procedural fairness letter to the person concerned. The letter will detail the evidence, include copies of any unclassified extrinsic evidence, and provide the person with 15 days to respond.\nDecision on vacation\nOnce the response is received, the decision maker shall:\ncarefully review the submissions and evidence\ndetermine whether or not the previous decision was obtained as a result of misrepresentation or withholding of relevant facts\ndetermine whether there was other sufficient evidence considered at the time of the first determination to justify allowing a positive PRRA decision\nIf the decision is to vacate the previous determination, the earlier determination is nullified and the person is no longer a protected person or, in a case where subsection A112(3) applied, no longer benefitting from a stay of removal. It is not open to the person concerned to bring forth new evidence on risk in the context of this decision-making process.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Vacation (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-abandonment-withdrawal-vacation.html" + }, + { + "id": "pdi-refugee-41-4-p3", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Abandonment, withdrawal, — Vacation", + "marginal_note": "Vacation", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "If the decision is to vacate the previous determination, the person is not precluded from applying again for protection and submitting any new evidence. However, the PRRA bar will apply.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Vacation (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-abandonment-withdrawal-vacation.html" + }, + { + "id": "pdi-refugee-41-5", + "doc_type": "memorandum", + "act_code": "PDI-REFUGEE", + "act_short": "PDI Refugee Protection", + "act_name": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "section": "Pre-removal risk assessment (PRRA): Abandonment, withdrawal, — Vacation pending application for permanent residence or wher", + "marginal_note": "Vacation pending application for permanent residence or where person is a permanent resident", + "part": "PDI — Refugee Protection (claims, eligibility, port of entry)", + "division": "", + "heading": "", + "text": "Subsection A21(2) provides that protected persons, other than those referred to in subsection A112(3) , may apply for permanent residence. When, as a result of a decision to vacate, the person is no longer a protected person, any pending application to become a permanent resident becomes null and void. Section A46 provides for loss of permanent residence should a decision to vacate occur after the person becomes a permanent resident.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Refugee Protection: Vacation pending application for permanent residence or where person is a permanent resident", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-abandonment-withdrawal-vacation.html" + }, + { + "id": "pdi-standard-0-0", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Standard requirements for applicants", + "marginal_note": "Standard requirements for applicants", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Standard requirements for applicants", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements.html" + }, + { + "id": "pdi-standard-0-1", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Standard requirements for applicants — Intake of applications", + "marginal_note": "Intake of applications", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Application submissions\nWhere an application must be submitted (R11)\nFees and cost recovery\nTranslation of supporting documents for applications\nApplications from diplomatic, consular and official personnel", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Intake of applications", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements.html" + }, + { + "id": "pdi-standard-0-2", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Standard requirements for applicants — Requirements for persons who have been removed from Canada o", + "marginal_note": "Requirements for persons who have been removed from Canada or who are criminally inadmissible", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Authorization to Return to Canada (ARC) (PDF, 597.29 KB)\nAssessing inadmissibility due to serious criminality following Tran v. Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Requirements for persons who have been removed from Canada or who are criminally inadmissible", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements.html" + }, + { + "id": "pdi-standard-0-3", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Standard requirements for applicants — Testing and screening", + "marginal_note": "Testing and screening", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Educational Credential Assessment requirements\nLanguage requirements\nMedical requirements\nBiometrics and identity management\nDNA testing", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Testing and screening", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements.html" + }, + { + "id": "pdi-standard-1-0", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Application submissions", + "marginal_note": "Application submissions", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Application submissions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/application-submissions.html" + }, + { + "id": "pdi-standard-1-1", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Application submissions — On this page", + "marginal_note": "On this page", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Language of application forms and letters\nWhat is a complete application\nWhere to submit an application\nAcknowledgment of receipt of the application", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/application-submissions.html" + }, + { + "id": "pdi-standard-1-2", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Application submissions — Language of application forms and letters", + "marginal_note": "Language of application forms and letters", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Application forms must be in English or French. Application forms in other languages will not be recognized as official application forms. Other form letters may be in languages other than English or French. Refusal letters for all types of applications must be in English or French.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Language of application forms and letters", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/application-submissions.html" + }, + { + "id": "pdi-standard-1-3", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Application submissions — What is a complete application", + "marginal_note": "What is a complete application", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "An application is complete when it meets the requirements of section 10 of the Immigration and Refugee Protection Regulations (IRPR) and includes evidence that the relevant fees have been paid:\nAll the questions on the application form are answered.\nProof of payment has been submitted.\nAll required forms are signed.\nAll documents have been submitted.\nAn incomplete application will not be accepted for processing.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: What is a complete application", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/application-submissions.html" + }, + { + "id": "pdi-standard-1-4", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Application submissions — Where to submit an application", + "marginal_note": "Where to submit an application", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Section 11 of the IRPR specifies where applicants should submit their applications for permanent or temporary resident visas. The intent is for applications to be directed to the processing office best informed to assess them, thereby improving program integrity and security.\nAll programs have an application package and guide that tells applicants how and where to send their application. If an application is not made by electronic means, it must be submitted to the address specified by the Minister, including the address specified on the Department’s website for that purpose.\nWhile the IRPR defines where an application must be submitted, they do not stipulate where an application must be processed. To protect program integrity, applications are processed at offices with the appropriate expertise and knowledge.\nInformation regarding the location of visa offices outside Canada can be found here .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Where to submit an application", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/application-submissions.html" + }, + { + "id": "pdi-standard-1-5", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Application submissions — Acknowledgment of receipt of the application", + "marginal_note": "Acknowledgment of receipt of the application", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Applicants for permanent residence, or their representative (if applicable), will receive an acknowledgement of receipt of application (AoR) letter by email if they have provided a valid email address. The purpose of the AoR is to confirm that an application has met the requirements to be accepted into processing. The AoR will include the following:\nthe applicant’s file number\nthe approximate time within which the application should be completed based on the category of application\nother information concerning additional or missing documentation", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Acknowledgment of receipt of the application", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/application-submissions.html" + }, + { + "id": "pdi-standard-2-0", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Translation of supporting documents for applications", + "marginal_note": "Translation of supporting documents for applications", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nNote: At this time, these instructions are applicable to the immigration and citizenship programs.\nThis section provides guidance on the translation of supporting documents into English or French. These instructions apply to IRCC online and paper applications submitted\nthrough consular missions and visa application centres (VACs) abroad by people living outside Canada, and\nby people living in Canada, the United States or abroad and applying directly to IRCC ", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Translation of supporting documents for applications", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/translation.html" + }, + { + "id": "pdi-standard-2-1", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Translation of supporting documents for applications — On this page", + "marginal_note": "On this page", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "About the translations\nDetermining if a translator is certified\nDocuments translated by a non-certified translator\nSubmitted applications without translations\nRight to ask for a translation\nExpiry of translated documents", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/translation.html" + }, + { + "id": "pdi-standard-2-2", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Translation of supporting documents for applications — About the translations", + "marginal_note": "About the translations", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "In all situations, supporting documents that are in a language other than English or French must be accompanied by an official translation of the original document, or of a certified copy of the original document in English or French. That translation must be\nof the original document, or\nof the certified copy of the original document, and\ncertified by a certified translator, or in the event that the translation cannot be provided by a certified translator, it must be accompanied by an affidavit, and\nincluded with the application\nDocuments that are already in English or French do not have to be translated, even if the application is in the other official language. For example, an application completed in French may be accompanied by an English document. A translation of the English document is not required.\nImportant: Supporting documents in a language other than English or French can either be the originals or certified photocopies of the originals. Officers can refer to the IRCC Glossary for a definition of certified and additional guidance on who can certify a photocopy.\nWhen a certified copy of the original document is submitted, the accompanying translation must be of the certified copy and the translator must stamp both the certified copy and the translation.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: About the translations", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/translation.html" + }, + { + "id": "pdi-standard-2-3", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Translation of supporting documents for applications — Determining if a translator is certified", + "marginal_note": "Determining if a translator is certified", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Documents that are not in English or French must be translated by a certified translator.\nA certified translator is a member in good standing whose certification can be confirmed by a seal or stamp that shows the translator’s membership number of a professional translation association in Canada or abroad. All stamps and seals that are not in English or French must also be translated.\nNote: A translator who has not yet received certification or accreditation, but is in the process of receiving it, is not considered a certified translator for IRCC’s purposes.\nIf the translation is being done in Canada\nApplicants should use the services of a certified translator who is in good standing with their provincial or territorial organization and certified to translate documents.\nIf the translation is being done outside of Canada\nApplicants should use the services of a translator who is accredited (officially recognized or authorized) in the country where the translation is being completed.\nFor all applicants (in or outside of Canada): translations must not be done by\nthe applicants themselves\nmembers of the applicant’s family\nthe applicant’s representatives or consultants\nAny family member of the applicant who may be a lawyer, notary or translator is also not permitted to translate documents. This includes a parent, guardian, sibling, spouse, common-law partner, conjugal partner, grandparent, child, aunt, uncle, niece, nephew and first cousin.\nShould the accuracy of the translation appear suspect, IRCC reserves the right to request a retranslation by a different translator. IRCC is not responsible for any translation fees.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Determining if a translator is certified", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/translation.html" + }, + { + "id": "pdi-standard-2-4", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Translation of supporting documents for applications — Documents translated by a non-certified translator", + "marginal_note": "Documents translated by a non-certified translator", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "In situations where the translation cannot be provided by a certified translator, it must be accompanied by an affidavit swearing to the accuracy of the translation and the language proficiency of the translator.\nAffidavit\nAn affidavit for a translation is a document that states that the translation is an accurate version of the original text. The translator swears that their translation is an accurate representation of the contents of the original document.\nThe translator does this in front of a commissioner authorized to administer oaths in the country where they live. The commissioner or notary public must be proficient in English or French in order to administer the oath.\nAll stamps and seals that are not in English or French must also be translated.\nWho can take an affidavit\nIn Canada:\na notary public\na commissioner of oaths\na commissioner of taking affidavits\nOutside Canada:\na notary public, or equivalent\nFor all applicants (in or outside of Canada), affidavits must not be done by the applicants themselves, nor by members of the applicant’s family. Any member of the applicant’s family who may be a lawyer, notary or authorized translator is also not permitted to prepare affidavits. This includes a parent, guardian, sibling, spouse, common-law partner, conjugal partner, grandparent, child, aunt, uncle, niece, nephew and first cousin.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Documents translated by a non-certified translator", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/translation.html" + }, + { + "id": "pdi-standard-2-5", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Translation of supporting documents for applications — Submitted applications without translations", + "marginal_note": "Submitted applications without translations", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Applicants who submit required and/or requested documents without accompanying translations will have their application returned as incomplete. They will also be asked to\nhave the original document(s) translated into English or French by a certified translator (or the equivalent in other countries), and\nre-submit the application with the original document(s), or a certified copy or copies of the original document(s), and the certified translation(s) attached\nThis will involve additional time and expense on the applicant’s part and can be avoided by always ensuring that any document that is not in English or French is translated by a certified (or equivalent) translator.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Submitted applications without translations", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/translation.html" + }, + { + "id": "pdi-standard-2-6", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Translation of supporting documents for applications — Right to ask for a translation", + "marginal_note": "Right to ask for a translation", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Should the accuracy of the translation appear suspect, officers retain the right to request a retranslation by a different certified translator at any time.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Right to ask for a translation", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/translation.html" + }, + { + "id": "pdi-standard-2-7", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Translation of supporting documents for applications — Expiry of translated documents", + "marginal_note": "Expiry of translated documents", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "A translation cannot change over time and should be valid indefinitely unless the original document has changed or has expired. If the signature of a certified translator or notary has expired, it does not invalidate the translation. As long as the translator’s certification was valid at the time of signature, the translation remains valid.\nThe only time the translation would expire and a new translation would be required is if the original document has expired or has changed and the applicant submits a new document.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Expiry of translated documents", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/translation.html" + }, + { + "id": "pdi-standard-3-0", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Applications for permanent residence from diplomatic, consular and official pers", + "marginal_note": "Applications for permanent residence from diplomatic, consular and official personnel", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nIndividuals who are accredited foreign representatives to Canada (for example, diplomatic, consular or official personnel) and their accredited family members can’t become permanent residents while they are still accredited .\nTheir privileges and accredited status must have ended before they may be issued a visa or confirmation of permanent residence.\nThe following guidance applies to officers who are processing applications for permanent residence from foreign nationals who are, or who the officer thinks may be, accredited foreign representatives to Canada as per paragraph 190(2)(a) of the Immigration and Refugee Protection Regulations (IRPR) or accredited family members of foreign representatives to Canada. Officers should  not finalize the applications or issue visas until they are satisfied, based on documentary evidence, that the applicants are no longer accredited.\nOfficers must notify Global Affairs Canada’s (GAC’s) Office of Protocol (XDC) twice:\nonce an application has been received to notify GAC’s XDC that the foreign national has made an application for permanent residence, and request that XDC verify the accreditation of the applicant(s) and confirm whether their accredited status has ended\nbefore finalization and include the applicant’s name and position, and the name of the foreign mission or international organization, and provide proof that the accreditation has ended (if the applicant is in a position to provide this) or a statement that the assignment has ended (or will end, if this is prospective)\nNote: The instructions for ending privileges and accredited status prior to being issued a visa or confirmation of permanent residence only apply to persons who were accredited by GAC’s XDC. They don’t apply to persons who are (or were) accredited (that is, who enjoy diplomatic, consular or official status) in another country.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Applications for permanent residence from diplomatic, consular and official personnel", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/foreign-representatives.html" + }, + { + "id": "pdi-standard-4-0", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", "section": "Assessing inadmissibility due to serious criminality following Tran v. Canada", "marginal_note": "Assessing inadmissibility due to serious criminality following Tran v. Canada", - "part": "PDI — Assessing inadmissibility for serious criminality following Tran v. Canada", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThese instructions provide guidance for temporary and permanent resident applications on how to apply the October 19, 2017 Supreme Court of Canada (SCC) Tran decision to the Immigration and Refugee Protection Act (IRPA) subsection 36(1) determination of serious criminality and equivalency.\nFollowing the SCC decision in Tran v. Canada (Public Safety and Emergency Preparedness), 2017 SCC 50, new instructions are necessary for officers and the Minister’s delegate in the assessment of serious criminality inadmissibility under subsection A36(1). The SCC concluded that\na conditional sentence of imprisonment imposed pursuant to sections 742 to 742.7 of the Criminal Code does not constitute a “term of imprisonment” (that is, a jail or prison term) under paragraph A36(1)(a)\nthe phrase “maximum term of imprisonment” in paragraph A36(1)(a) refers to the maximum term of imprisonment available at the time of the commission of the offence and not the term of imprisonment available at the time of sentencing or the time admissibility is assessed", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Assessing inadmissibility due to serious criminality following Tran v. Canada", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/tran.html" + }, + { + "id": "pdi-standard-4-2", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Assessing inadmissibility due to serious criminality followi — Where the ruling applies", + "marginal_note": "Where the ruling applies", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "IRCC’s policy position is to apply this decision to permanent residents and foreign nationals who are inadmissible on the ground of serious criminality for offences committed inside and outside of Canada under paragraphs A36(1)(a), (b) and (c). The policy decision does not apply to subsection A36(2) criminality or to cases where the maximum punishment in Canada has become more lenient.\nSee the Safe Streets and Communities Act for further examples of offences whose maximum punishment have increased.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Where the ruling applies", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/tran.html" + }, + { + "id": "pdi-standard-4-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Assessing inadmissibility due to serious criminality followi — Determining criminal inadmissibility", + "marginal_note": "Determining criminal inadmissibility", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "The policy decision concerning maximum punishment only applies in situations where the offence would be considered serious criminality under subsection A36(1) by today’s Canadian laws.\nIf the offence is considered serious criminality by today’s laws, officers should verify the maximum punishment at the time of the commission of the offence. However, if a person received a sentence of more than 6 months’ imprisonment, there is no need to consult older versions of the Act of Parliament, as the person would be inadmissible for serious criminality.\nOffences under subsection A36(2) are to be processed as usual according to today’s Canadian laws.\nOfficers are expected to make reasonable decisions with the evidence available to them and to maintain good records of what evidence was reviewed and relied on in their decision making.\nThe following sections illustrate scenarios for applying the policy decision:\nCrimes where the penalty has become more lenient\nThe policy decision would not apply.\nEquivalency – Serious Criminality/Criminality: When the maximum punishment for the offence under Canadian law has become more lenient between the time of the commission of the offence and the time of the inadmissibility determination, officers are advised to apply the spirit of the Charter, which accords the benefit of the more lenient penalty. Therefore, officers should look at the maximum possible punishment under Canadian law at the time of inadmissibility assessment .\nCrimes outside Canada where the penalty has become more strict", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Determining criminal inadmissibility (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/tran.html" + }, + { + "id": "pdi-standard-4-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Assessing inadmissibility due to serious criminality followi — Determining criminal inadmissibility", + "marginal_note": "Determining criminal inadmissibility", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Equivalency: Officers should equate under today’s Canadian law. If it appears to be serious criminality due to the maximum possible punishment (that is, an offence under Canadian law which carries a term of imprisonment of at least 10 years), then officers should see if it was still serious criminality at the time of the commission of the offence.\nNote: For the foreign offence, officers should continue to apply paragraph A36(1)(b) or A36(2)(b) accordingly, meaning officers should equate using the foreign statute at the time of the commission of the offence. If there is no foreign conviction, officers could apply paragraph A36(1)(c) or A36(2)(c) using the foreign statute at the time of the commission of the offence.\nActs committed over a period of time\nThere may be offences that occurred over a period of time (such as fraud or embezzlement). Officers should use a known date of commission, which may appear in\nthe police or investigative reports\npolice certificates\ncourt records\nIf a date range is known, officers should use the last date in this range, as it would carry the most current maximum punishment.\nConditional sentences\nA conditional sentence does not count as a term of imprisonment for determining serious criminality under subsection A36(1).\nOffences that occurred before current Canadian legislation existed\nOfficers should determine what offence(s) under a Canadian Act of Parliament may apply based on the elements of the case.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Determining criminal inadmissibility (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/tran.html" + }, + { + "id": "pdi-standard-4-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Assessing inadmissibility due to serious criminality followi — Relief mechanisms for serious criminality", + "marginal_note": "Relief mechanisms for serious criminality", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "There are no changes to determining how relief mechanisms under the IRPA or Immigration and Refugee Protection Regulations (IRPR) should be applied.\nRecord suspensions\nForeign pardons for convictions outside Canada\nCriminal rehabilitation\nTemporary resident permits (TRPs)\nHumanitarian and Compassionate (H&C) Grounds\nRecord suspensions\nThe Criminal Records Act provides the Parole Board of Canada the authority to grant and issue record suspensions (formerly known as “pardons”) to persons who have been convicted in Canada of an offence under an Act of Parliament.\nPer paragraph A36(3)(b) , inadmissibility under subsections A36(1) and (2) may not be based on a conviction for which\na record suspension has been ordered and has not been revoked or ceased to have effect under the Criminal Records Act\nthere has been a final determination of an acquittal\nNote: Bill C-93 (An Act to provide no-cost, expedited record suspensions for simple possession of cannabis) received Royal Assent on June 21, 2019. This legislation will eliminate the application fee and wait period for record suspensions for people convicted only of simple possession of cannabis. People will be able to apply even if they have outstanding fines or victim surcharges associated with their cannabis possession conviction, as long as they have completed the rest of their sentence. Over time, fewer individuals will be inadmissible on criminality grounds due to past convictions of simple possession in Canada.\nForeign pardons for convictions outside Canada\nA foreign pardon does not necessarily make the person admissible to Canada.\nWith a foreign pardon, in the vast majority of cases, the applicant should be able to produce a copy of the pardon.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Relief mechanisms for serious criminality (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/tran.html" + }, + { + "id": "pdi-standard-4-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Assessing inadmissibility due to serious criminality followi — Relief mechanisms for serious criminality", + "marginal_note": "Relief mechanisms for serious criminality", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "The laws about recognition of foreign pardons developed from jurisprudence, with the Federal Court of Canada decision in Saini v. Canada (Minister of Citizenship and Immigration), [2000] 3 FC 253 , outlining the test for recognition of foreign pardons, including:\nthe foreign legal system as a whole must be similar to that of Canada\nthe specific foreign law must be similar to Canadian law in its\naim\ncontent\neffect\nthere must be no valid reason not to recognize the effect of the foreign law\nIf the country’s legal system is based on similar foundations and values to Canada’s, the foreign legislation must be examined to determine whether the effect of the pardon is to erase the conviction or merely recognize that rehabilitation has taken place. In the latter case, the applicant is inadmissible and an application for rehabilitation is necessary.\nNote: Canadian courts are not bound by a foreign pardon in which there is an absence of evidence as to the motivating considerations that led to the grant of a pardon by another state jurisdiction.\nCriminal rehabilitation\nThe IRPA gives authority to the Minister and delegated authorities to approve rehabilitation for persons described in paragraphs A36(1)(b) and A36(1)(c). Per paragraphs R17(a) and R17(b) , applicants inadmissible for serious criminality outside Canada can apply to the minister for rehabilitation 5 years after the sentence has been completed, as long as there are no subsequent convictions.\nTemporary resident permits (TRPs)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Relief mechanisms for serious criminality (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/tran.html" + }, + { + "id": "pdi-standard-4-4-p3", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Assessing inadmissibility due to serious criminality followi — Relief mechanisms for serious criminality", + "marginal_note": "Relief mechanisms for serious criminality", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "A temporary resident permit (TRP) allows the holder either to enter or to remain in Canada. It may be issued to any person who is inadmissible under the IRPA and seeking to come into Canada, if an officer is of the opinion that it is justified under subsection A24(1) . Officers should issue permits only when the individual’s need to enter or remain in Canada is compelling and sufficient to overcome any risks that they might pose.\nSee the TRP section under Functional Guidance on Temporary Residents for more information.\nHumanitarian and compassionate (H&C) grounds\nIRCC officers may consider H&C grounds if a foreign national (who may be a former permanent resident) who is under a removal order that has not been enforced makes an application under subsection A25(1) .\nSee Humanitarian and Compassionate Consideration for more information.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Relief mechanisms for serious criminality (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/tran.html" + }, + { + "id": "pdi-standard-5-0", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Educational Credential Assessment requirements", + "marginal_note": "Educational Credential Assessment requirements", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nApplicants in certain immigration classes must submit a completed foreign educational credential and an equivalency assessment (Educational Credential Assessment [ECA] report issued by a designated organization or professional body to immigrate to Canada.\nNote: Certain immigration programs may have additional ECA-related requirements. Therefore, also consult the program-specific Program Delivery Instructions with regard to ECA requirements.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Educational Credential Assessment requirements", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/educational-credential-assessment.html" + }, + { + "id": "pdi-standard-5-1", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Educational Credential Assessment requirements — On this page", + "marginal_note": "On this page", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Designated assessment organizations and professional bodies\nEducational Credential Assessment outcomes and conversion table", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/educational-credential-assessment.html" + }, + { + "id": "pdi-standard-5-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Educational Credential Assessment requirements — Designated assessment organizations and professional bodies", + "marginal_note": "Designated assessment organizations and professional bodies", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Under  R73(1) , an “equivalency assessment” (ECA report) includes a determination, issued by an organization or institution designated under  R75(4) , that establishes whether a foreign diploma, certificate or credential is equivalent to a completed Canadian educational credential.\nAn ECA report also includes an assessment of the authenticity of the completed foreign diploma, certificate or credential.\nDesignated assessment organizations\nThe Minister has designated the following organizations to issue ECA reports:\nComparative Education Service – University of Toronto School of Continuing Studies  designated: April 17, 2013\nInternational Credential Assessment Service of Canada  designated: April 17, 2013\nWorld Education Services  designated: April 17, 2013\nInternational Qualifications Assessment Service designated: August 6, 2015\nInternational Credential Evaluation Service – British Columbia Institute of Technology designated: August 6, 2015\nDesignated professional bodies\nUnder R75(4) , applicants with work experience in certain occupations may require an ECA report from a professional body.\nECA reports from a designated professional body establish that the education is equivalent to the Canadian educational credential required to practise the occupation in Canada.\nWhether an applicant must obtain an ECA report from a professional body depends on the applicant’s primary occupation or intended occupation in Canada, in other words, the occupation that the applicant has work experience in and that their permanent residence application is based on.\nIf the applicant’s primary occupation is listed below, the applicant  must  submit an ECA report issued by the corresponding designated professional body:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Designated assessment organizations and professional bodies (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/educational-credential-assessment.html" + }, + { + "id": "pdi-standard-5-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Educational Credential Assessment requirements — Designated assessment organizations and professional bodies", + "marginal_note": "Designated assessment organizations and professional bodies", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Specialists in clinical and laboratory medicine (NOC 31100)\nSpecialist physicians (NOC 3111) or specialists in surgery (NOC 31101)\nGeneral practitioners and family physicians (NOC 3112 or NOC 31102)\nMedical Council of Canada; designated: April 17, 2013\nArchitects (NOC 2151 or NOC 21200)\nCanadian Architectural Certification Board (CACB) designated: May 20, 2024\nThe applicant must submit an ECA report from the CACB if the applicant’s position or intended position in Canada requires a licence to practise as an architect (for example, uses the title “architect” and is responsible for the design and construction of homes or buildings).\nApplicants who are working or intend to work in a position in Canada that does not require a licence (for example, as a project manager at a construction firm) may have their credentials assessed by another designated assessment organization.\nPharmacists (NOC 3131 or NOC 31120)\nPharmacy Examining Board of Canada (PEBC) designated: January 6, 2014\nThe applicant must submit an ECA report from PEBC if the applicant’s position or intended position in Canada requires a licence to practise as a pharmacist (for example, providing patient care in a community pharmacy, hospital pharmacy, long-term care facility or other practice settings).\nApplicants who are working or intend to work in a position in Canada that does not require a licence (for example, a position at an organization in the pharmaceutical industry or in government that requires a pharmacy degree but not a licence to practise pharmacy) may have their credentials assessed by another designated assessment organization.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Designated assessment organizations and professional bodies (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/educational-credential-assessment.html" + }, + { + "id": "pdi-standard-5-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Educational Credential Assessment requirements — Educational Credential Assessment outcomes and conversion ta", + "marginal_note": "Educational Credential Assessment outcomes and conversion table", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "If the applicant completed a foreign diploma, certificate or credential, the ECA report must demonstrate an equivalency to a completed Canadian secondary or post-secondary educational credential from a recognized institution . An ECA report with an assessment result showing “from a non-recognized institution” does not demonstrate an equivalency to a Canadian secondary or post-secondary educational credential.\nAn ECA report stating that the foreign credential is equivalent to a number of years of study Footnote 1 does not demonstrate an equivalency to a completed Canadian educational credential (for example, “One year of undergraduate study”). In those instances, officers must document in the case notes that the ECA report does not establish equivalency to a completed Canadian educational credential and use this information to assess eligibility.\nThe assessment result in the ECA report  should  match one of the outcomes in the ECA  conversion table below .\nIf the assessment result does not match an outcome in the conversion table below, the officer may request more information from the IPG generic mailbox\nECA conversion table\nDesignated organizations’ ECA outcomes\nUniversity-level credential at the doctoral level\nDoctor of [name of discipline, such as Business Administration, Law or Psychology]\nDoctor of Philosophy (Ph.D.) degree with a focus in [area of concentration]\nDoctorate (Ph.D.)\nEarned doctorate (Ph.D.)\nEarned doctorate degree\nProfessional doctorate degree\nUniversity-level credential at the master’s level\nMaster’s degree\nMaster of [name of discipline]\nMaster of Business Administration\nMaster’s degree (taught)\nMaster’s degree with a focus in [area of concentration]", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Educational Credential Assessment outcomes and conversion table (part 1 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/educational-credential-assessment.html" + }, + { + "id": "pdi-standard-5-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Educational Credential Assessment requirements — Educational Credential Assessment outcomes and conversion ta", + "marginal_note": "Educational Credential Assessment outcomes and conversion table", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Master’s degree with acceptable qualification for entry into the CACB’s Academic Certification Program\nMaster’s degree, specializing in [name of discipline]\nOne-year Master of Business Administration degree\nOne-year master’s degree with a focus in [area of concentration]\nOne-year master’s degree\nTwo-year master’s degree with a focus in [area of concentration]\nEntry-to-practice professional degrees\nMedicine\nFirst professional degree in medicine (Doctor of Medicine)\nFirst professional degree in medicine\nDoctor of Medicine degree\nFirst professional university degree in medicine\nFirst professional university degree in medicine, preceded by prerequisite undergraduate study\nVeterinary medicine\nFour to seven years of professional study in veterinary medicine\nFirst professional degree in veterinary medicine\nDoctor of Veterinary Medicine degree\nFirst professional university degree in veterinary medicine\nFirst professional university degree in veterinary medicine, preceded by prerequisite undergraduate study\nDentistry\nFour to seven years of professional study in dentistry\nFive or more years of professional university study in dentistry\nFirst professional degree in dentistry\nDoctor of Dental Surgery degree\nFirst professional university degree in dentistry\nFirst professional university degree in dentistry, preceded by prerequisite undergraduate study\nPodiatry\nFour to five years of professional study in podiatry\nFive or more years of professional university study in podiatry\nDoctor of Podiatry degree\nFirst professional university degree in podiatric medicine\nFirst professional university degree in podiatric medicine, preceded by prerequisite undergraduate study\nOptometry\nThree to six years of professional study in optometry", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Educational Credential Assessment outcomes and conversion table (part 2 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/educational-credential-assessment.html" + }, + { + "id": "pdi-standard-5-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Educational Credential Assessment requirements — Educational Credential Assessment outcomes and conversion ta", + "marginal_note": "Educational Credential Assessment outcomes and conversion table", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Five or more years of professional university study in optometry\nDoctor of Optometry degree\nFirst professional university degree in optometry\nFirst professional university degree in optometry, preceded by prerequisite undergraduate study\nLaw\nBachelor of Laws\nJuris Doctor\nFirst professional university degree in law\nFirst professional university degree in law, preceded by [x-year] prerequisite undergraduate study\nChiropractic medicine\nFive or more years of professional university study in chiropractic medicine\nDoctor of Chiropractic degree\nFirst professional university degree in chiropractic medicine\nFirst professional university degree in chiropractic medicine, preceded by prerequisite undergraduate study\nPharmacy\nFive or more years of professional university study in pharmacy\nBachelor of Science in Pharmacy degree\nFour-year Bachelor of Science degree with a focus in pharmacy\nTwo or more post-secondary credentials (three-year or longer post-secondary credential required)\nThree-year or more certificate, diploma or degree plus an applied bachelor’s degree with a focus in [area of concentration]\nThree-year or more certificate, diploma or degree plus an applied bachelor’s degree\nThree-year or more certificate, diploma or degree plus a Bachelor of Technology degree with a focus in [area of concentration]\nThree-year or more certificate, diploma or degree plus a bachelor’s degree with a focus in [area of concentration]\nThree-year or more certificate, diploma or degree plus a bachelor’s degree\nThree-year or more certificate, diploma or degree plus a bachelor’s degree (three years)\nThree-year or more certificate, diploma or degree plus a college certificate\nThree-year or more certificate, diploma or degree plus a college diploma", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Educational Credential Assessment outcomes and conversion table (part 3 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/educational-credential-assessment.html" + }, + { + "id": "pdi-standard-5-3-p4", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Educational Credential Assessment requirements — Educational Credential Assessment outcomes and conversion ta", + "marginal_note": "Educational Credential Assessment outcomes and conversion table", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Three-year or more certificate, diploma or degree plus a college diploma (three years)\nThree-year or more certificate, diploma or degree plus a college diploma (two years)\nThree-year or more certificate, diploma or degree plus a Completion of College-level certificate\nThree-year or more certificate, diploma or degree plus a diploma (three years)\nThree-year or more certificate, diploma or degree plus a diploma (two years)\nThree-year or more certificate, diploma or degree plus a dual bachelor’s degree (four years)\nThree-year or more certificate, diploma or degree plus a four-year advanced diploma\nThree-year or more certificate, diploma or degree plus a four-year bachelor’s degree\nThree-year or more certificate, diploma or degree plus a four-year bachelor’s degree with a focus in [area of concentration]\nThree-year or more certificate, diploma or degree plus a four-year bachelor’s degree, specializing in [name of discipline]\nThree-year or more certificate, diploma or degree plus a graduate certificate\nThree-year or more certificate, diploma or degree plus a graduate certificate with a focus in [area of concentration]\nThree-year or more certificate, diploma or degree plus a graduate diploma\nThree-year or more certificate, diploma or degree plus a graduate diploma with a focus in [area of concentration]\nThree-year or more certificate, diploma or degree plus a one-year certificate\nThree-year or more certificate, diploma or degree plus a one-year certificate in [name of discipline]\nThree-year or more certificate, diploma or degree plus a one-year postgraduate certificate in [name of discipline]\nThree-year or more certificate, diploma or degree plus a one-year post-secondary certificate with a focus in [area of concentration]", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Educational Credential Assessment outcomes and conversion table (part 4 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/educational-credential-assessment.html" + }, + { + "id": "pdi-standard-5-3-p5", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Educational Credential Assessment requirements — Educational Credential Assessment outcomes and conversion ta", + "marginal_note": "Educational Credential Assessment outcomes and conversion table", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Three-year or more certificate, diploma or degree plus a post-bachelor’s certificate\nThree-year or more certificate, diploma or degree plus a post-bachelor’s diploma\nThree-year or more certificate, diploma or degree plus a postgraduate certificate\nThree-year or more certificate, diploma or degree plus a postgraduate diploma\nThree-year or more certificate, diploma or degree plus a post-secondary certificate with a focus in [area of concentration]\nThree-year or more certificate, diploma or degree plus a post-secondary diploma with a focus in [area of concentration]\nThree-year or more certificate, diploma or degree plus a post-undergraduate certificate\nThree-year or more certificate, diploma or degree plus a post-undergraduate diploma\nThree-year or more certificate, diploma or degree plus a secondary school diploma and diploma (two years)\nThree-year or more certificate, diploma or degree plus a three-year advanced diploma\nThree-year or more certificate, diploma or degree plus a three-year bachelor’s degree\nThree-year or more certificate, diploma or degree plus a three-year bachelor’s degree with a focus in [area of concentration]\nThree-year or more certificate, diploma or degree plus a three-year bachelor’s degree, specializing in [name of discipline]\nThree-year or more certificate, diploma or degree plus a three-year diploma in [name of discipline]\nThree-year or more certificate, diploma or degree plus a three-year or more certificate, diploma or degree plus a bachelor’s degree (four years)\nThree-year or more certificate, diploma or degree plus a three-year post-secondary diploma with a focus in [area of concentration]\nThree-year or more certificate, diploma or degree plus a two-year associate degree", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Educational Credential Assessment outcomes and conversion table (part 5 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/educational-credential-assessment.html" + }, + { + "id": "pdi-standard-5-3-p6", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Educational Credential Assessment requirements — Educational Credential Assessment outcomes and conversion ta", + "marginal_note": "Educational Credential Assessment outcomes and conversion table", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Three-year or more certificate, diploma or degree plus a two-year bachelor’s degree with a focus in [area of concentration]\nThree-year or more certificate, diploma or degree plus a two-year diploma\nThree-year or more certificate, diploma or degree plus a two-year diploma in [name of discipline]\nThree-year or more certificate, diploma or degree plus a two-year postgraduate diploma, specializing in [name of discipline]\nThree-year or more certificate, diploma or degree plus a two-year post-secondary diploma with a focus in [area of concentration]\nThree-year or more certificate, diploma or degree plus a university certificate\nThree-year or more certificate, diploma or degree plus a university diploma\nThree-year or more certificate, diploma or degree plus an associate degree\nThree-year or more certificate, diploma or degree plus an Associate of [Arts/Science] degree\nThree-year or longer post-secondary credential\nApplied bachelor’s degree with a focus in [area of concentration]\nApplied bachelor’s degree\nBachelor of Technology degree with a focus in [area of concentration]\nBachelor’s degree with a focus in [area of concentration]\nBachelor’s degree with acceptable qualification for entry into the CACB’s Academic Certification Program\nBachelor’s degree\nBachelor’s degree (four years)\nBachelor's degree (three years)\nCollege diploma (three years)\nDiploma (three years)\nFour-year advanced diploma\nFour-year bachelor’s degree\nFour-year bachelor’s degree with a focus in [area of concentration]\nFour-year bachelor's degree, specializing in [name of discipline]\nThree-year advanced diploma\nThree-year bachelor’s degree\nThree-year bachelor’s degree with a focus in [area of concentration]\nThree-year bachelor's degree, specializing in [name of discipline]", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Educational Credential Assessment outcomes and conversion table (part 6 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/educational-credential-assessment.html" + }, + { + "id": "pdi-standard-5-3-p7", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Educational Credential Assessment requirements — Educational Credential Assessment outcomes and conversion ta", + "marginal_note": "Educational Credential Assessment outcomes and conversion table", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Three-year diploma in [name of discipline]\nThree-year post-secondary diploma with a focus in [area of concentration]\nTwo-year post-secondary credential\nAssociate degree\nAssociate of [Arts/Science] degree\nCollege diploma\nCollege diploma (two years)\nDiploma (two years)\nPost-secondary diploma with a focus in [area of concentration]\nSecondary school diploma and diploma (two years)\nTwo-year associate degree\nTwo-year diploma in [name of discipline]\nTwo-year diploma\nTwo-year post-secondary diploma with a focus in [area of concentration]\nOne-year post-secondary credential\nCollege certificate\nCompletion of college-level certificate\nOne-year certificate in [name of discipline]\nOne-year certificate\nOne-year post-secondary certificate with a focus in [area of concentration]\nPost-secondary certificate with a focus in [area of concentration]\nUndergraduate certificate (one year)\nUniversity certificate\nUniversity diploma\nSecondary school\nCertificate of high school achievement [plus/including] [specialized/vocational/technical] training in [field]\nCertificate of high school achievement\nGrade 12 (high school completion)\nHigh school diploma [plus/including] [specialized/vocational/technical] training in [field]\nHigh school diploma\nHigh school equivalency certificate\nSecondary school diploma\nSecondary school graduation\nIntegrity concerns\nECA reports include the designated organization’s assessment of the authenticity of the applicant’s completed foreign educational credentials. This assessment is not conclusive evidence of the authenticity of the foreign educational credentials. If an officer has concerns about the authenticity of an applicant’s foreign educational credentials, the officer should inform the IPG generic mailbox and await further instructions.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Educational Credential Assessment outcomes and conversion table (part 7 of 7)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/educational-credential-assessment.html" + }, + { + "id": "pdi-standard-5-4", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Educational Credential Assessment requirements — Footnotes", + "marginal_note": "Footnotes", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Footnote 1\nNote that for the purposes of Express Entry, a specific “number of years of professional study” in the fields of medicine, veterinary medicine, dentistry, podiatry, optometry, law, chiropractic medicine and pharmacy may demonstrate an entry-to-practice professional degree if the degree was issued in relation to an occupation listed in TEER 1 of the NOC system. Please review the conversion table in instances where ECA outcomes demonstrate an equivalency to years of professional study.\nReturn to footnote 1 referrer", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Footnotes", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/educational-credential-assessment.html" + }, + { + "id": "pdi-standard-6-0", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Language requirements", + "marginal_note": "Language requirements", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nApplicants in certain immigration classes must submit a language test from a designated language testing organization to immigrate to Canada. There is also a language requirement for citizenship applications.\nFor temporary and permanent residence programs, language test results must not be more than 2 years old when IRCC receives the application. If a copy of a language test is required, electronic versions (PDFs, online scoring reports) are acceptable.\nNote: Certain immigration programs may have additional language-related requirements. Please also consult the program-specific Program Delivery Instructions as they relate to language requirements.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Language requirements", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/language-requirements.html" + }, + { + "id": "pdi-standard-6-1", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Language requirements — On this page", + "marginal_note": "On this page", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Designated language testing organizations\nLanguage test equivalency charts\nExemptions\nIntegrity concerns\nIssuing certificates for Language Instruction for Newcomers to Canada (LINC) learners", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/language-requirements.html" + }, + { + "id": "pdi-standard-6-2", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Language requirements — Designated language testing organizations", + "marginal_note": "Designated language testing organizations", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "The Minister designates organizations to assess language ability and approves the specific language test used. The following organizations and listed tests have been designated and approved:\nEnglish language testing organizations\nDesignated testing organization\nApproved test\nNote\nParagon Testing Enterprises , a Prometric company\nCanadian English Language Proficiency Index Program (CELPIP)\nThe CELPIP-General (CELPIP-G) test is accepted by IRCC for immigration and citizenship purposes.\nThe CELPIP-General – Listening and Speaking (CELPIP-G LS) test is accepted by IRCC for citizenship purposes only.\nCambridge University Press and Assessment\nInternational Development Program (IDP) Australia\nBritish Council\nInternational English Language Testing System (IELTS)\nThe IELTS General Training test is accepted by IRCC for immigration and citizenship purposes.\nThe Economic Mobility Pathway Pilot is the only program that accepts the IELTS One Skill Retake test for immigration purposes.\nPearson Canada Inc.\nPearson Test of English (PTE) Core\nThe PTE Core test is accepted by IRCC for immigration and citizenship purposes.\nEducational Testing Services\nTest of English as a Foreign Language (TOEFL) Essentials\nThis test isn’t currently accepted by IRCC. This page will be updated once we start accepting it.\nFrench language testing organizations\nDesignated testing organization\nApproved test\nNote\nChambre de commerce et d’industrie de Paris Île-de-France\nTest d’évaluation de français pour le Canada (TEF Canada)\nWhile test candidates are required to take the grammar and structure ( lexique et structure ) module as part of the reading and listening modules, it is not required by IRCC for immigration and citizenship purposes.\nFrance Éducation International\nTest de connaissance du français pour le Canada (TCF Canada)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Designated language testing organizations", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/language-requirements.html" + }, + { + "id": "pdi-standard-6-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Language requirements — Language test equivalency charts", + "marginal_note": "Language test equivalency charts", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Equivalencies between language test results and the Canadian Language Benchmarks (CLB) for English language tests and the Niveaux de compétence linguistique canadiens (NCLC) for French language tests are as follows:\nCanadian English Language Proficiency Index Program (CELPIP) – CELPIP-General\nCLB level\nReading\nWriting\nListening\nSpeaking\n10\n10\n10\n10\n10\n9\n9\n9\n9\n9\n8\n8\n8\n8\n8\n7\n7\n7\n7\n7\n6\n6\n6\n6\n6\n5\n5\n5\n5\n5\n4\n4\n4\n4\n4\nInternational English Language Testing System (IELTS) – General Training\nCLB level\nReading\nWriting\nListening\nSpeaking\n10\n8.0\n7.5\n8.5\n7.5\n9\n7.0\n7.0\n8.0\n7.0\n8\n6.5\n6.5\n7.5\n6.5\n7\n6.0\n6.0\n6.0\n6.0\n6\n5.0\n5.5\n5.5\n5.5\n5\n4.0\n5.0\n5.0\n5.0\n4\n3.5\n4.0\n4.5\n4.0\nPearson Test of English – PTE Core\nCLB level\nReading\nWriting\nListening\nSpeaking\n10\n88-90\n90\n89-90\n89-90\n9\n78-87\n88-89\n82-88\n84-88\n8\n69-77\n79-87\n71-81\n76-83\n7\n60-68\n69-78\n60-70\n68-75\n6\n51-59\n60-68\n50-59\n59-67\n5\n42-50\n51-59\n39-49\n51-58\n4\n33-41\n41-50\n28-38\n42-50\nTest d’évaluation de français pour le Canada (TEF Canada)\nThere are 3 charts available for the Test d’évaluation de français pour le Canada (TEF Canada).\nNote: For applications received through the Express Entry system, language level will be based on the Test score equivalency chart for tests taken before September 30, 2019 .\nApplicants are instructed to only enter the scores for each language ability from that column into their electronic applications for permanent residence (e-APR) regardless of the date the test was taken. All other TEF Canada score equivalency charts are not compatible with our system at this time.\nThe “ attestation de résultats ” (statement of results) also includes another version of test results in the column marked “Score / 699.” These results may produce an incorrect NCLC equivalency, if entered into the Express Entry profile.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Language test equivalency charts (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/language-requirements.html" + }, + { + "id": "pdi-standard-6-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Language requirements — Language test equivalency charts", + "marginal_note": "Language test equivalency charts", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "If the processing officer notes that the wrong version of the language test score has been used, they should update the Global Case Management System (GCMS) correctly and recalculate based on the “ Équivalence ancien score ” available in the verification portal. Officers may send an email to the Economic Programs’ functional guidance mailbox should they encounter applications with incorrect scores for this reason.\nA) Equivalency chart for tests taken before September 30, 2019\nNCLC level\nReading\nWriting\nListening\nSpeaking\n10\n263-300\n393-450\n316-360\n393-450\n9\n248-262\n371-392\n298-315\n371-392\n8\n233-247\n349-370\n280-297\n349-370\n7\n207-232\n310-348\n249-279\n310-348\n6\n181-206\n271-309\n217-248\n271-309\n5\n151-180\n226-270\n181-216\n226-270\n4\n121-150\n181-225\n145-180\n181-225\nB) Equivalency chart for tests taken between October 1, 2019, and December 10, 2023\nNCLC level\nReading\nWriting\nListening\nSpeaking\n10\n566-699\n566-699\n566-699\n566-699\n9\n533-565\n533-565\n533-565\n533-565\n8\n500-532\n500-532\n500-532\n500-532\n7\n450-499\n450-499\n450-499\n450-499\n6\n400-449\n400-449\n400-449\n400-449\n5\n350-399\n350-399\n350-399\n350-399\n4\n300-349\n300-349\n300-349\n300-349\nC) Equivalency chart for tests taken from December 11, 2023\nNCLC level\nReading\nWriting\nListening\nSpeaking\n10\n546-699\n558-699\n546-699\n556-699\n9\n503-545\n512-557\n503-545\n518-555\n8\n462-502\n472-511\n462-502\n494-517\n7\n434-461\n428-471\n434-461\n456-493\n6\n393-433\n379-427\n393-433\n422-455\n5\n352-392\n330-378\n352-392\n387-421\n4\n306-351\n268-329\n306-351\n328-386\nTest de connaissance du français pour le Canada (TCF Canada)\nNCLC level\nReading\nWriting\nListening\nSpeaking\n10 and above\n549-699\n16-20\n549-699\n16-20\n9\n524-548\n14-15\n523-548\n14-15\n8\n499-523\n12-13\n503-522\n12-13\n7\n453-498\n10-11\n458-502\n10-11\n6\n406-452\n7-9\n398-457\n7-9\n5\n375-405\n6\n369-397\n6\n4\n342-374\n4-5\n331-368\n4-5", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Language test equivalency charts (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/language-requirements.html" + }, + { + "id": "pdi-standard-6-4", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Language requirements — Exemptions", + "marginal_note": "Exemptions", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Applicants in certain immigration classes must submit a language test from a designated language testing organization, and most applicants are required to provide a score for each of the 4 language skill areas, depending on the program. In some cases, due to a physical or mental disability, an applicant may be unable to be assessed in 1 or more language skill areas, even when reasonable accommodations are provided by the testing organization.\nUnder the public policy concerning economic class permanent residence applicants and Express Entry candidates whose language proficiency cannot be tested in all 4 language skill areas, due to a physical or mental disability , both the principal applicant and their accompanying spouse or common-law partner, where applicable, may be exempt from submitting language test results for up to 3 of the 4 language skill areas.\nIn these cases, IRCC will accept notionalized (averaged) scores calculated using the department’s language calculator tool . Officers must use the language calculator tool to verify that the language test scores and notionalized (averaged) results are entered correctly. The language test results, both those that could be completed and the notionalized (averaged) scores, must be considered in the same manner as any other language evaluation results for program eligibility and selection purposes.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Exemptions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/language-requirements.html" + }, + { + "id": "pdi-standard-6-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Language requirements — Integrity concerns", + "marginal_note": "Integrity concerns", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "If a photograph of the test taker is available in the verification portal, processing offices must cross-reference this image with the photograph submitted with the application to confirm that the test results belong to the applicant. Any discrepancies must be properly documented in GCMS.\nProcessing officers must review all relevant information under an applicant’s Unique Client Identifier (UCI) and GCMS case notes, and must conduct integrated searches in GCMS to determine whether an Info-Alert has been created.\nCase notes and Info-Alerts may indicate that the department has received confirmation from a language testing organization that an applicant’s language test results are not genuine or were obtained fraudulently. Officers must perform this verification at all stages of application processing and prior to rendering a decision.\nOnce the processing officer has confirmed the language test results with the designated language testing organization that administered the test, and there is sufficient evidence to conclude that the applicant has misrepresented the test results, or that the test results provided do not belong to the applicant, the application may be refused for misrepresentation, in accordance with procedural fairness requirements .\nPlease consult the operational manuals for more information on inadmissibility (PDF, 621 KB) and evaluating inadmissibility.\nNote: Refer to IL 3 – Designation of Officers and Delegation of Authority to determine the delegated authority to make a determination under paragraph 40(1)(a) of the Immigration and Refugee Protection Act (IRPA) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Integrity concerns (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/language-requirements.html" + }, + { + "id": "pdi-standard-6-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Language requirements — Integrity concerns", + "marginal_note": "Integrity concerns", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "An interview alone cannot be used as a means of evaluating language proficiency, and an officer cannot change language points or make new language pass/fail assessments based on what they have discovered in an interview. However, if an applicant is interviewed for any other reason and significant discrepancies are evident between claimed and actual language proficiency, there may be an integrity issue. If the officer has concerns regarding the applicant’s language proficiency based on an interview, and there is sufficient evidence to conclude that the applicant has misrepresented the test results, the application may be refused for misrepresentation, in accordance with procedural fairness requirements .\nIf the officer has reason to suspect the integrity of the designated language test results, the officer must document and report their concerns to the Tips and Reports Management Unit (TRMU). The TRMU is responsible for reviewing information received from officers and for following up with designated language testing organizations when concerns suggest potential widespread or systemic abuse or fraud related to language testing.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Integrity concerns (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/language-requirements.html" + }, + { + "id": "pdi-standard-6-6-p1", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Language requirements — Issuing certificates for Language Instruction for Newcomers ", + "marginal_note": "Issuing certificates for Language Instruction for Newcomers to Canada (LINC) learners", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Since February 11, 2017, recipients of IRCC funding for delivery of the Language Instruction for Newcomers to Canada (LINC) and Cours de langue pour les immigrants au Canada (CLIC) programs should have been applying, and should continue to apply, the following guidance when issuing LINC or CLIC certificates and when entering data in the Immigration Contribution Agreement Reporting Environment (iCARE) system or the History of Assessments, Referrals and Training system (HARTs).\nGeneral guidelines\nAs a general rule, LINC or CLIC certificates should be issued to learners at the end of a reporting period, with completed levels against the CLB/NCLC scale. For recipients using the Portfolio-Based Language Assessment (PBLA) or the Évaluation linguistique basée sur le portfolio (ELBP) approaches, certificates should generally be issued at the same time as progress reports.\nLess frequently, certificates may be issued when the learner leaves the class or upon their request, as long as the teacher has gathered sufficient evidence to determine the learner’s language proficiency. Further details on assigning CLB or NCLC levels can be found in the resources tab in the iCARE system under Language Training Definitions and Updates to the Language Modules in iCARE and HARTs.\nDesignation of a CLB or NCLC level", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Issuing certificates for Language Instruction for Newcomers to Canada (LINC) learners (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/language-requirements.html" + }, + { + "id": "pdi-standard-6-6-p2", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Language requirements — Issuing certificates for Language Instruction for Newcomers ", + "marginal_note": "Issuing certificates for Language Instruction for Newcomers to Canada (LINC) learners", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Note: As per the National Language Placement and Progression Guidelines (NLPPG), a CLB or NCLC level is considered completed when a learner has achieved and demonstrated the level of communicative ability associated with most or all (traditionally 70% to 100%) of the descriptors for the benchmarks assigned to each of the 4 skills: listening, speaking, reading and writing. The designation of a CLB or NCLC level should derive from an evaluation of evidence collected throughout the term to determine the learner’s progress on the CLB or NCLC scale.\nNeither placement assessment results nor the CLB or NCLC levels addressed in the course should be used as evidence for assigning the learner’s CLB or NCLC results (for example, a learner cannot be assumed to have completed CLB 4 because they participated in a CLB 4 course).\nRecipient requirements\nLINC and CLIC certificates should only be issued by recipients who deliver LINC or CLIC training that meets the following 7 criteria:\npreceded by a CLB- or NCLC-based placement assessment or an instructor-led in-class assessment\naligned with the NLPPG\nbased on the CLB or NCLC framework\nguided by LINC, CLIC, or provincial CLB- or NCLC-based curriculum guidelines\nled by a qualified teacher (that is, trained in Canada—or by a recognized foreign educational institution—to teach English or French as a second language)\naligned with the PBLA approach (a task-based approach to language instruction and assessment integrated throughout the teaching and learning cycle)\nconcluded with an evaluation of evidence collected throughout the term to determine the learner’s progress on the CLB or NCLC scale\nPrinting and distributing certificates", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Issuing certificates for Language Instruction for Newcomers to Canada (LINC) learners (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/language-requirements.html" + }, + { + "id": "pdi-standard-6-6-p3", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Language requirements — Issuing certificates for Language Instruction for Newcomers ", + "marginal_note": "Issuing certificates for Language Instruction for Newcomers to Canada (LINC) learners", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "All certificates can be printed in black and white or in colour, on letter-sized white paper, and signed and dated manually or electronically by the recipient’s LINC or CLIC coordinator. The recipient organization name, as recognized by IRCC within the Grants and Contributions System’s Partner Portal, must appear on the certificate in the Training Provider section.\nThe signed certificate may be distributed to the client in person, by mail or electronically via email. Since the document is classified as Protected A, all efforts should be made to send the document as securely as possible, as it contains personal information.\nIf a client has lost their LINC or CLIC certificate and is requesting a new copy, and the recipient still has access to the client’s record, the recipient may reprint a certificate with the original issuance date and distribute it as above.\nAfter certificate issuance\nLINC and CLIC certificates submitted with citizenship applications are authenticated by IRCC through the iCARE system. Therefore, recipients must ensure that the clients’ language results are updated (or uploaded from HARTs to the iCARE system for Ontario recipients) when the certificate is issued or shortly thereafter. iCARE system users must have responded Yes to the question, Was a certificate issued to the client? HARTs users should note that information about certificate issuance is generated automatically by HARTs and uploaded to the iCARE system.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Issuing certificates for Language Instruction for Newcomers to Canada (LINC) learners (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/language-requirements.html" + }, + { + "id": "pdi-standard-6-6-p4", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Language requirements — Issuing certificates for Language Instruction for Newcomers ", + "marginal_note": "Issuing certificates for Language Instruction for Newcomers to Canada (LINC) learners", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "The Resources area of iCARE and HARTs will house the new certificates to ensure there is 1 central area (in Ontario) where IRCC can easily access and share updated versions. LINC and CLIC recipients located inside Ontario will continue to generate certificates from HARTs. Designated staff with access to iCARE and HARTs may download the template for internal use within their organizations.\nNext steps\nOfficers should review the provision related to the issuance of LINC and CLIC certificates in their contribution agreements and amend them as appropriate to meet the above requirements.\nQuestions about LINC and CLIC certificates may be directed to the SRO Functional Guidance / Orientation fonctionnelle OER (IRCC) mailbox. Questions submitted to the SRO Functional Guidance mailbox should be submitted by a supervisor or manager. If submitted directly by the program officer (after speaking with their supervisor/manager), the latter should be CC’d.\nBackground information\nThe issuance of the NLPPG in 2013 and the current national implementation of the PBLA and ELBP approaches bring greater consistency to in-class language assessment and increase the reliability of LINC and CLIC program results.\nThe issuance of standard certificates takes on even greater importance as the department accepts LINC and CLIC certificates as proof of language ability for citizenship purposes. IRCC staff should inform recipients of this updated guidance to ensure that the department adopts consistent practices for issuing certificates across the program.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Issuing certificates for Language Instruction for Newcomers to Canada (LINC) learners (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/language-requirements.html" + }, + { + "id": "pdi-standard-7-0", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Medical Requirements", + "marginal_note": "Medical Requirements", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe requirement for a medical examination serves several purposes:\nto protect the health of Canadians;\nto protect the safety of Canadians;\nto reduce and prevent excessive demand on Canada's health and social services.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Medical Requirements", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements.html" + }, + { + "id": "pdi-standard-7-1", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Medical Requirements — See also:", + "marginal_note": "See also:", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Immigration medical examination\nAssessing medical requirements\nMedical surveillance and notifications\nMedical refusals and inadmissibility\nPanel physicians program\nLegal resources\nForms, handouts and templates\nGlossary", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: See also:", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements.html" + }, + { + "id": "pdi-standard-8-0", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "DNA testing", + "marginal_note": "DNA testing", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nImmigration, Refugees and Citizenship Canada (IRCC) accepts DNA test results only from laboratories accredited by the Standards Council of Canada (SCC) as evidence of a genetic link between a parent and a child, between siblings, or other familial relationships.\nIRCC may offer DNA testing when documentary evidence is lacking or the authenticity of a claimed genetic relationship is in doubt, but only as a last resort . IRCC must justify the need for testing, clarify that it is voluntary, and explain the concerns about the relationship. DNA sample collection involves a non-invasive saliva sample, which is sent to an accredited lab for genetic comparison.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: DNA testing", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/dna-testing.html" + }, + { + "id": "pdi-standard-8-1", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "DNA testing — On this page", + "marginal_note": "On this page", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Who to test\nFor citizenship\nFor immigration\nIssuing a DNA letter\nTesting within Canada\nTesting outside Canada\nFor citizenship purposes\nFor immigration purposes\nDNA sample collection for citizenship and immigration purposes\nEnsuring the integrity of DNA testing procedures\nOverseas virtual DNA collection\nReceiving DNA test results from Laboratory\nRecording DNA test and results in GCMS\nReviewing DNA test results", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/dna-testing.html" + }, + { + "id": "pdi-standard-8-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "DNA testing — Who to test", + "marginal_note": "Who to test", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "An applicant may be given the option of undergoing DNA testing in cases in which documentary evidence has been examined and there are still doubts about the authenticity of a parent-child genetic relationship (where it has been claimed) or when it is not possible to obtain satisfactory relationship documents.\nOfficers should explore other ways to establish parental links, such as issuing a procedural fairness letter, conducting an interview, or verifying an existing legal parent-child relationship before resorting to DNA testing. They must be satisfied, on a balance of probabilities (over 50%), that a biological parent-child relationship exists and document any concerns if the client's response is unsatisfactory.\nFor citizenship\nFor citizenship purposes, it is only necessary to establish 1 parent-child relationship with a Canadian citizen parent.\nDNA tests to establish a parent-child relationship must involve samples of genetic material from the Canadian parent and from the child or children. If the Canadian parent is deceased, officers could request samples from the deceased parent’s relatives.\nFor immigration\nFor immigration purposes, DNA tests may be used to establish a genetic relationship between a parent and child, or other kinship relationships. DNA testing for the purpose of establishing a parent-child relationship must involve samples of genetic material from both parents and from the child or children. In cases where both parents are not available, exceptions will be made.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Who to test (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/dna-testing.html" + }, + { + "id": "pdi-standard-8-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "DNA testing — Who to test", + "marginal_note": "Who to test", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "When testing DNA to establish a genetic relationship between 2 individuals for immigration purposes, having the DNA of an additional relative or family member can be useful to establish the claimed genetic relationship, even if that additional relative or family member is not specifically involved with the sponsorship application. In such cases, the processing office needs to be satisfied that the person is a blood relative of the sponsor, and that the person’s DNA sample is collected in accordance with these guidelines.\nDNA test to establish a parent-child relationship\nWho to test:\nthe child\nboth the mother and the father\nWhere applicable, the laboratory will require a DNA sample from both the mother and the father. By having both parents participating, the full genetic portrait of the child will be obtained. For example, if the alleged father is the sponsor and a paternity report is requested, the DNA laboratory automatically requests the client also obtain a sample from the mother. While conducting the paternity test, the DNA laboratory determines if the alleged mother is excluded or not and will issue a covering letter advising of any negative relationship results between the alleged mother and any of the children.\nDNA test for kinship\nWho to test:\nthe siblings (full or half-siblings)\nthe parents (or, if the parents are deceased, the parents’ siblings)\nIf the alleged parents of the siblings are deceased, it is useful to have samples from the parents’ relatives. If they are available to be tested, the DNA testing laboratory may request samples from the parents’ relatives to determine the sibling relationship, and IRCC should collect these.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Who to test (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/dna-testing.html" + }, + { + "id": "pdi-standard-8-3", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "DNA testing — Issuing a DNA letter", + "marginal_note": "Issuing a DNA letter", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "IRCC will issue a DNA letter to the client informing them of the option to provide DNA test results.\nThe client will then contact an SCC-accredited laboratory directly and provide them with a copy of the DNA letter.\nThe DNA letter informs the client of the following:\nthe decision to undergo a DNA test is entirely their own\nthe familial tie that is being proven\nthe number of days (30/45/60, etc.) to undergo DNA testing\nthey will have to cover all costs related to the DNA test, regardless of the result (that is, all costs including sample-taking, courier costs for shipping, the laboratory analysis of all DNA samples and the final report submitted directly from the laboratory to IRCC and the client)\nIRCC only recognizes DNA test results from laboratories accredited by the SCC\nIt is the client’s responsibility to choose one of these laboratories\nTests from laboratories that are not SCC-accredited will not be accepted\nthe client must provide 2 passport photos and 2 pieces of valid identification documents to establish their identity, 1 of which must be a government-issued photo ID\nthe client must sign a release and consent form (provided by the laboratory) so that the laboratory may send the test results to IRCC\nthe government assumes no responsibility for the results of the DNA analysis\nthe client is to inform IRCC should they decide not to undergo a DNA test\nshould IRCC not receive a response from the client and not receive results of the DNA testing, the officer will render a decision based on the information available on the application", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Issuing a DNA letter", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/dna-testing.html" + }, + { + "id": "pdi-standard-8-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "DNA testing — Testing within Canada", + "marginal_note": "Testing within Canada", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "The client will select and contact the laboratory directly and provide them with a copy of the DNA letter from IRCC.\nThe laboratory chosen by the client will arrange an appointment to collect a DNA sample.\nThe sample collection must be administered by an SCC-accredited laboratory.\nAt the time of the DNA sample collection, clients must provide the following:\nthe original letter sent by IRCC\n2  passport photos , in accordance with IRCC specifications, which must be included in the documentation shipped with the DNA sample\n2 pieces of valid identification documents to establish their identity, 1 of which must be a government-issued photo ID\nNote: The laboratory staff will make a photocopy of the identity documents, as a photocopy must be included in the package shipped with the DNA sample\na signed release and consent form provided by the laboratory, authorizing them to send the DNA test results and photocopies of the identity documents to IRCC\nRequirements for the collection and shipment of samples\nThe SCC-accredited laboratory must ensure the integrity of the DNA testing and shipment procedures. At the time the DNA sample is collected, a representative for the laboratory will ask for the necessary documentation from the client and will do the following:\nverify the identity of the person providing the DNA sample\nensure identity documents appear genuine and do not appear to have been tampered with\nmake a photocopy of the client’s 2 pieces of identification\nensure the release and consent form is signed by the client\nmatch the identification provided at the time of the DNA sample collection with the client’s information provided in the DNA letter or other material issued by IRCC\nverify that the DNA sample kit has not been tampered with", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Testing within Canada (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/dna-testing.html" + }, + { + "id": "pdi-standard-8-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "DNA testing — Testing within Canada", + "marginal_note": "Testing within Canada", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "collect the DNA sample according to the instructions included in the DNA sample kit\ncomplete the chain of custody document for the DNA sample which is provided by the laboratory\nThe chain of custody record must identify the full name of the employee who collected and packaged the DNA sample, as well as the legal name of the sample collection facility\npackage the DNA sample and documentation according to the instructions included in the DNA sample kit\nsend the package directly to the laboratory conducting the DNA test by the fastest, most reliable means possible\nIdeally, no more than 7 days should elapse between the collection of the DNA sample and receipt of the package by the laboratory", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Testing within Canada (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/dna-testing.html" + }, + { + "id": "pdi-standard-8-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "DNA testing — Testing outside Canada", + "marginal_note": "Testing outside Canada", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "For citizenship purposes\nClient and Canadian parent living outside Canada (excluding the U.S.)\nCPC-S sends the DNA letter to the consular office abroad and includes:\nclient’s contact information, photo, personal information\nCanadian parent’s proof of citizenship\nThe consular office sends the letter to the client, or, if the client is a minor, to the parent.\nClient outside Canada, Canadian parent in Canada\nCPC-S sends the DNA letter directly to the client overseas, copies the consular office and includes:\nclient’s contact information, photo, personal information\nCanadian parent’s proof of citizenship\nIf the client is a minor, then CPC-S sends the letter to the parent in Canada and copies the consular office.\nConsular and migration offices in the same city\nConsular officer refers the case for DNA collection to the migration office and:\nprovides client’s contact information, photo, personal information\nprovides Canadian parent’s proof of citizenship\nlaboratory and migration office schedule the test with the client.\nConsular and migration offices in different cities\nConsular officer contacts the manager of the relevant migration office and:\nprovides client’s contact information, photo, personal information\nprovides Canadian parent’s proof of citizenship\nlaboratory and migration office schedule the test with the client\nClient in the U.S.\nCPC-S sends the DNA letter and documents directly to the client or the Canadian parent (if the client is a minor).\nDNA sample kit\nThe chosen laboratory sends a tamper-proof DNA sample kit to the migration office\nThe kit includes everything needed for sample collection, packaging, and shipping, along with instructions for witnessing the sample collection\nFor immigration purposes", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Testing outside Canada (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/dna-testing.html" + }, + { + "id": "pdi-standard-8-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "DNA testing — Testing outside Canada", + "marginal_note": "Testing outside Canada", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "The laboratory chosen by the client will send a tamper-proof DNA sample kit (including instructions) to the migration office. The DNA sample kit contains everything necessary to collect package and ship a DNA sample, including instructions regarding witnessing the sample collection. The migration office will schedule the client for an appointment to complete the DNA testing on site.\nDNA sample collection for citizenship and immigration purposes\nAt the time of the DNA sample collection, clients must provide the following:\nthe original letter sent by IRCC\n2  passport photos , in accordance with IRCC specifications, which must be included in the documentation shipped with the DNA sample\n2 pieces of valid identification documents to establish their identity, 1 of which must be a government-issued photo ID\nNote: The laboratory staff will make a photocopy of the identity documents, as a photocopy must be included in the package shipped with the DNA sample.\na signed release and consent form provided by the laboratory, authorizing them to send the DNA test results and photocopies of the identity documents to IRCC\nEnsuring the integrity of DNA testing procedures\nA migration officer or migration office staff member must be present when the DNA sample is collected for immigration purposes, and must do the following:\nVerify identity : ensure the persons providing the DNA sample are identified in the DNA letter and in the identification provided at the time of the sample collection\nCheck for kit tampering: verify that the DNA sample kit has not been tampered with and complete the chain of custody documents for the DNA sample (or witness their completion)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Testing outside Canada (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/dna-testing.html" + }, + { + "id": "pdi-standard-8-5-p3", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "DNA testing — Testing outside Canada", + "marginal_note": "Testing outside Canada", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Prepare package to be shipped: package the DNA sample and documentation according to the instructions included in the DNA sample kit\nShip package: send the package to the laboratory by the fastest, most reliable means possible. Ideally, no more than 7 days should elapse between the collection of the DNA sample and receipt of the package by the laboratory. Private courier services, paid for by the client, can normally deliver samples within this timeframe.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Testing outside Canada (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/dna-testing.html" + }, + { + "id": "pdi-standard-8-6", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "DNA testing — Overseas virtual DNA collection", + "marginal_note": "Overseas virtual DNA collection", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "IRCC is offering a DNA collection process at select International Organization for Migration (IOM) offices. This process is virtually witnessed by a migration office staff member and is used for both immigration and citizenship lines of business.\nDistribution of testing kits to IOM offices\nThe IRCC migration office contacts and distributes testing kits to the appropriate IOM offices, and confirms the platform for virtual witnessing (for example, MS Teams). The IOM office contacts the client to inform them of the date and venue for the DNA sample collection.\nThe client will be required to bring the following to their appointment at the IOM:\nthe original letter sent by IRCC\n2  passport photos , in accordance with IRCC specifications, which must be included in the documentation shipped with the DNA sample\n2 pieces of valid identification documents to establish their identity, 1 of which must be a government-issued photo ID.\nNote: The laboratory staff will make a photocopy of the identity documents, as a photocopy must be included in the package shipped with the DNA sample\na signed release and consent form provided by the laboratory, authorizing them to send the DNA test results and photocopies of the identity documents to IRCC\nVirtual witnessing\nThe migration office staff will:\nconnect with the IOM DNA team via MS Teams\nverify the identities of individuals providing DNA samples via video to ensure they match those identified on the application\nensure the DNA sample kit is intact and has not been tampered with\nobserve the collection and packaging of the DNA sample and oversee the completion of the chain of custody documents\nThe IOM staff notes \"witnessed via videoconference\" on the form\nrecord the following statement in GCMS:\n“DNA collection at IOM [Location] was witnessed virtually on [Date] following established procedures. This included confirming client ID, witnessing the completion of the chain of custody documents, and overseeing the packaging and documentation of the DNA sample as per the instructions in the DNA kit.”", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Overseas virtual DNA collection", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/dna-testing.html" + }, + { + "id": "pdi-standard-8-7-p1", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "DNA testing — Receiving DNA test results from laboratory", + "marginal_note": "Receiving DNA test results from laboratory", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "The laboratory must conduct the DNA test as soon as all samples and necessary documentation have been submitted. The results must be sent directly from the laboratory that conducted the DNA test to the client and the appropriate IRCC office, preferably via mail or courier.\nDelivering DNA test results by email carries the risk of unauthorized access by third parties. Should a laboratory choose to communicate DNA test results by email, it must ensure the transmission of information is done in a secure manner.\nNote: The laboratory is solely responsible for the protection of clients’ personal information and assumes all liability for:\nprivacy or security breaches\nnegligence\nany other liability that may result from the handling of such information via email\nRequirements for laboratories delivering test results by email\nIf a laboratory intends to deliver test results by email, it must inform the client through the release and consent form and outline the specific risks. The laboratory must agree to provide IRCC with satisfactory proof of a signed release and consent at the time it delivers the DNA test results to IRCC.\nLaboratories must also implement appropriate measures to protect clients’ personal information. An example of ensuring the transmission of information is done in a secure manner may include sending the test results through a 2-step process: in a password-protected email, with the password sent in a separate email.\nThe laboratory will promptly advise IRCC if it changes the existing measures or implements new measures to deliver DNA test results and protect clients’ personal information.\nThe Government of Canada is not responsible for any of the following:\nlosses or damages incurred due to unauthorized third-party access to the DNA test results", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Receiving DNA test results from laboratory (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/dna-testing.html" + }, + { + "id": "pdi-standard-8-7-p2", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "DNA testing — Receiving DNA test results from laboratory", + "marginal_note": "Receiving DNA test results from laboratory", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "misuse of the results or other personal information\nissues related to the mode of communication used to disseminate DNA test results, including:\nrestrictions\ndelay\nmalfunction\nany other issues\nValid test results\nTest results will only be accepted from laboratories that have valid accreditation from the SCC. IRCC does not recognize DNA test results where the records indicate that a suspended or unaccredited laboratory was involved in any part of the DNA testing process, including, but not limited to, the following:\nsample collection\nsample storage\nsample packaging\nsample extraction\nsample analysis\nreporting of DNA test results\nResults interpretation\nGenetic test results must have an accuracy of 99.8% or higher. Test results below these levels are not acceptable as proof of relationship.\nIf client does not sign release or consent form or withdraws\nThe laboratory will write to IRCC to say that the information cannot be released. In such cases, officers are required to make a decision on the application based on the information on file.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Receiving DNA test results from laboratory (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/dna-testing.html" + }, + { + "id": "pdi-standard-8-8", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "DNA testing — Recording DNA test and results in GCMS", + "marginal_note": "Recording DNA test and results in GCMS", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Create a testing activity\nUnder the Events tab create a testing activity to document the DNA request. (Note: Given the inability to record the DNA test results within the GCMS event activity, a separate verification activity must be created to track the results).\nCreate a verification activity\nNavigate to the Other Reqs tab and create a new verification activity. When uploading the document, officers should populate the following fields:\nType: Eligibility\nSub Type: Proof of Relationship\nDocument Name: DNA Test\nInsert Country of Issue (where the DNA test is likely to occur – if not known, put the client’s CoR)\nNote: if entering multiple verifications on an application for multiple DNA tests (for different children, for example), you may need to differentiate DNA test documents by entering a different issue date for each document.\nOnce results have been received, officers should update the verification activity fields:\nMethod: Event\nOther Contact: Enter DNA Test Provider Name (for example, Wyndham Forensic Group Inc.)\nContact Response: Confirmed Valid/Fraudulent\nVerification Result: No Adverse/Adverse\nNote: if the clients did not comply with the DNA request, one cannot select non-compliant. Rather, it is necessary to simply cancel the verification activity line; non-compliance will need to be recorded on the test event\nOnce complete, the status of the verification activity is updated to “Completed”.\nNote: if the clients did not comply with DNA testing or if they are not required, the status of the verification activity must be updated to cancelled.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Recording DNA test and results in GCMS", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/dna-testing.html" + }, + { + "id": "pdi-standard-8-9", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "DNA testing — Reviewing DNA test results", + "marginal_note": "Reviewing DNA test results", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Positive DNA test result\nOfficers are to include the positive DNA test result in the client's file as substantial evidence supporting their relationship claim and consider it alongside all other submitted documentation.\nNegative DNA test result\nOfficers must clearly document the negative DNA result and may consider it alongside all other submitted documentation to determine whether there remains insufficient evidence of a genetic relationship.\nThey must also ensure the client is informed of all the reasons the evidence was insufficient.\nTo ensure procedural fairness , a procedural fairness letter should be sent to the client advising them of the concerns before rendering a final decision.\nClient elects not to proceed with a DNA test or fails to respond to a DNA request\nDNA testing is not mandatory, an application should not be refused if a client elects not to proceed with DNA testing. Officers are to continue to analyze the application based on the documentation provided and use the existing documentary evidence to make a decision on the application.\nOfficers may refuse an application for having insufficient evidence of a genetic relationship, for which the client's decision to refuse a DNA test can be used as part of the record. However, officers should not rely on this factor alone in their assessment and failure to submit to a DNA test should not be taken as evidence of non-compliance.\nTo ensure procedural fairness , a procedural fairness letter should be sent to the client advising them of the concerns before rendering a final decision.\nNote: In citizenship cases, in the event the Canadian parent elects not to proceed with the DNA test, the IRCC office should destroy the DNA letter and the first page of the proof of application along with the proof of the parent’s Canadian citizenship.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Reviewing DNA test results", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/dna-testing.html" + }, + { + "id": "pdi-standard-9-0", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Immigration Medical Exam (IME)", + "marginal_note": "Immigration Medical Exam (IME)", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nR29 provides that, for the purposes of paragraph A16(2)(b) , a medical examination includes any or all of the following:\na physical examination;\na mental examination;\na review of past medical history;\nlaboratory tests;\ndiagnostic tests;\nand a medical assessment of records respecting the applicant.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Immigration Medical Exam (IME)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/exam.html" + }, + { + "id": "pdi-standard-9-2", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Immigration Medical Exam (IME) — Medical examination requirements versus admissibility assess", + "marginal_note": "Medical examination requirements versus admissibility assessments", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Non-accompanying family members\nCases where non-accompanying dependents cannot be examined and there are Humanitarian and compassionate considerations", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Medical examination requirements versus admissibility assessments", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/exam.html" + }, + { + "id": "pdi-standard-9-3", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Immigration Medical Exam (IME) — Medical exemptions", + "marginal_note": "Medical exemptions", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "There are exemptions for the following:\nExemptions from undergoing an IME\nExemption from inadmissibility on grounds of excessive demand", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Medical exemptions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/exam.html" + }, + { + "id": "pdi-standard-10-0", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Assessing the immigration medical examination", + "marginal_note": "Assessing the immigration medical examination", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nA medical assessment is the review of an applicant’s medical file by a Citizenship and Immigration Canada (CIC) medical officer or delegated staff.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Assessing the immigration medical examination", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/assessing.html" + }, + { + "id": "pdi-standard-10-2", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Assessing the immigration medical examination — Immigration medical assessment", + "marginal_note": "Immigration medical assessment", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "This section provides guidance on the following:\nMedical notification\nMedical inadmissibility\nLimitations on assessments\nConditions imposed on the visa", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Immigration medical assessment", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/assessing.html" + }, + { + "id": "pdi-standard-10-3", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Assessing the immigration medical examination — Medical assessment coding", + "marginal_note": "Medical assessment coding", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Admissible codes (M1, M2 and M3)\nExcessive demand exempt code (M19, M29 and M39)\nInadmissible codes (M4, M5 and M6)\nSurveillance codes (S1, S2.01, S2.02 and S2.02U)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Medical assessment coding", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/assessing.html" + }, + { + "id": "pdi-standard-11-0", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Medical surveillance and notifications", + "marginal_note": "Medical surveillance and notifications", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nApplicants found to have a medical condition of public health significance during their immigration medical examination (IME) must report to the provincial or territorial public health authorities to undergo medical surveillance.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Medical surveillance and notifications", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/surveillance-notifications.html" + }, + { + "id": "pdi-standard-11-2", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Medical surveillance and notifications — Procedure for notifying clients with tuberculosis", + "marginal_note": "Procedure for notifying clients with tuberculosis", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Instructions for visa and immigration officers and border services officers regarding inactive tuberculosis, and urgent and complex cases of tuberculosis.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Procedure for notifying clients with tuberculosis", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/surveillance-notifications.html" + }, + { + "id": "pdi-standard-12-0", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Medical refusals and inadmissibility", + "marginal_note": "Medical refusals and inadmissibility", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nAn applicant may be refused on health grounds – if their condition:\nis likely to be a danger to public health or public safety, or\nmight reasonably be expected to cause excessive demand on health or social services", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Medical refusals and inadmissibility", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/refusals-inadmissibility.html" + }, + { + "id": "pdi-standard-12-2", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Medical refusals and inadmissibility — Danger to Public Health and Public Safety", + "marginal_note": "Danger to Public Health and Public Safety", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Instructions for procedural fairness\nRecording the decision and document retention\nInstructions for medical officers and visa/immigration officers\nProcedural fairness outcomes for different scenarios\nProcedural Fairness Algorithm", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Danger to Public Health and Public Safety", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/refusals-inadmissibility.html" + }, + { + "id": "pdi-standard-12-3", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Medical refusals and inadmissibility — Excessive demand on health and social services", + "marginal_note": "Excessive demand on health and social services", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Cost threshold for Excessive Demand\nInstructions for procedural fairness\nRecording the decision and document retention\nInstructions for medical officers and visa/immigration officers\nProcedural fairness outcomes for different scenarios\nAssessing declarations of ability and willingness\nProcedural Fairness Algorithm", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Excessive demand on health and social services", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/refusals-inadmissibility.html" + }, + { + "id": "pdi-standard-13-0", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Legal references : medical", + "marginal_note": "Legal references : medical", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Legal references : medical", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/legal-references-medical.html" + }, + { + "id": "pdi-standard-13-2", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Legal references : medical — Acts and regulations", + "marginal_note": "Acts and regulations", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Objectives – Immigration - A3(1)(h)\nObjectives – Refugees - A3(1)(g)\nRequirement for a medical examination - A16(2)(b)\nDanger to public health - A38(1)(a)\nDanger to public safety - A38(1)(b)\nExcessive demand on health or social services - A38(1)(c)\nException to excessive demand - A38(2)\nHealth services, social services, and excessive demand on health or social services - R1(1)\nDefinitions of “family member” for the purposes of A38(2)(d) - R1(3)\nAssessment of inadmissibility on health grounds - R20\nException to excessive demand - R24\nMedical examination - R29\nExemptions from requirement for medical examination - R30(1)\nSubsequent medical examination - R30(2)\nMedical certificate - R30(3)\nConsiderations when assessing danger to public health - R31\nMedical surveillance - R32\nConsiderations when assessing danger to public safety - R33\nConsiderations when assessing excessive demand - R34\nRequirements for Permit holders to become permanent residents (medical certificate) - R65.1(1)(d)(ii)\nRequirements for foreign nationals to become permanent residents (medical certificate) - R72(1)(e)(iii)\nMedical condition — adopted children - R118\nException to excessive demand - R139(4)\nRequirements for the issuance of a temporary residence visa (medical certificate) - R179(f)\nImposed on temporary residents - R185(e)(i)\nRequirements for the issuance of work permit on entry to Canada (medical certificate) - R198(2)(b)\nRequirements for the issuance of work permit (medical certificate) - R200(1)(e)\nRequirements for the issuance of study permit (medical certificate) - R216(1)(d)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Acts and regulations", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/legal-references-medical.html" + }, + { + "id": "pdi-standard-13-3", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Legal references : medical — Delegated authorities", + "marginal_note": "Delegated authorities", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "A6 authorizes the Minister to designate officers to carry out specific duties and powers, and to delegate authorities.\nPursuant to A6(2) , the Minister of Citizenship and Immigration, has delegated powers and designated those officials authorized to carry out any purpose of any legislative or regulatory provision in IL 3 - Designation of Officers and Delegation of Authority . IL3 contains two designation and delegation instruments. One is made by Citizenship and Immigration Canada (CIC) and the other by the Canada Border Services Agency (CBSA). The health related delegation of authority is found in the CIC designation and delegation instrument.\nThe CIC designation and delegation instrument organizes delegated powers by sections. The duties and powers specific to health are found in the medical section.\nThe delegates and designated officers, specified in column 4 of each item are authorized to carry out the powers described in column 3 (refer to Items 5 through 10).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Delegated authorities", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/legal-references-medical.html" + }, + { + "id": "pdi-standard-14-0", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Health related forms, documents and templates", + "marginal_note": "Health related forms, documents and templates", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nImmigration medical examinations\nIMM 5743E - Client Consent and Declaration - To give consent to undergo an immigration medical examination ( PDF , 556.53 KB )\nIMM 5419E - Medical Report - To medically process immigrant and certain visitor applicants by ports abroad and Canada Immigration Centres ( PDF , 1.56 MB )\nIMM 5725E - Assessment of Activities of Daily Living (ADL) - Part of the immigration medical examination for some clients ( PDF , 629.45 KB )\nIMM 5727E - Global Assessment of Functioning Scale (GAF) - Part of the immigration medical examination for some clients ( PDF , 539.19 KB )\nIMM 5728E - Confirmation of Counselling after HIV Positive Test or Status Disclosure - Mandatory for all clients that test positive for HIV (PDF, 1.35 MB)\nIMM 5733E - Instruction for Pregnant Client - X-ray Deferred - Used to defer chest x-rays for pregnant clients ( PDF , 578.95 KB )\nIMM 5734E - Specialist’s Referral Form - Used to refer client to a specialist ( PDF , 588.64 KB )\nIMM 5738E - Chart of Early Childhood Development (CECD) - Part of the immigration medical examination for some clients ( PDF , 0.97 MB )\nLetter - Results of the immigration medical examination – Syphilis screening - To inform an applicant of the results of the syphilis screening test and to ask them to keep record of the proof of treatment.\nMedical surveillance (forms and documents)\nDocument - Medical surveillance Handouts: Tuberculosis - Given to new arrivals in Canada with inactive tuberculosis or other complex non-infectious tuberculosis\nMedical refusals and procedural fairness (forms, documents and template letters)\nSample - Letter to Medical Officer (from Visa/Immigration Officer) about New Medical Information in Procedural Fairness Cases", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Health related forms, documents and templates", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/forms.html" + }, + { + "id": "pdi-standard-14-2", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Health related forms, documents and templates — Procedural fairness regarding excessive demand on health (i.", + "marginal_note": "Procedural fairness regarding excessive demand on health (i.e., out-patient medication) and/or social services", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Sample - Procedural Fairness Letter (excessive demand)\nSample - Declaration of Ability and Willingness\nDocument - Immigration and Refugee Protection Regulations ( re: Excessive Demand ) - To provide the client with an excerpt of the regulations pertaining to inadmissibility on health grounds", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Procedural fairness regarding excessive demand on health (i.e., out-patient medication) and/or social services", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/forms.html" + }, + { + "id": "pdi-standard-15-0-p1", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Medical Definitions", + "marginal_note": "Medical Definitions", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nA\nB\nC\nD\nE\nF\nG\nH\nI\nJ\nK\nL\nM\nN\nO\nP\nQ\nR\nS\nT\nU\nV\nW\nX\nY\nZ\nDanger to public health To conclude that a foreign national’s health condition is likely to be a danger to public health, the medical officer who is assessing the foreign national’s health condition shall consider any report made by a health practitioner or medical laboratory with respect to the foreign national (i.e. the findings from the immigration medical examination), the communicability of any disease that the foreign national is affected by or carries, and the impact that the disease could have on other persons living in Canada. ( R31 )\nActive pulmonary tuberculosis and untreated syphilis are considered a danger to public health.\nDanger to public safety To conclude that a foreign national’s health condition is likely to be a danger to public safety, the medical officer who is assessing the foreign national’s health condition shall consider any report made by a health practitioner or medical laboratory with respect to the foreign national (i.e. the findings from the immigration medical examination), the risk of a sudden incapacity or of unpredictable or violent behaviour of the foreign national that would create a danger to the health or safety of persons living in Canada. ( R33 )\nHealth conditions that are likely to cause a danger to public safety include serious, uncontrolled and/or uncontrollable mental health problems such as\ncertain impulsive sociopathic behaviour disorders\nsome aberrant sexual disorders if involving harm to others\ncertain paranoid states or some organic brain syndromes associated with violence or risk of harm to others", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Medical Definitions (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/definitions.html" + }, + { + "id": "pdi-standard-15-0-p2", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Medical Definitions", + "marginal_note": "Medical Definitions", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "applicants with substance abuse disorders leading to anti-social behaviours, such as violence and impaired driving\nsuicide attempts and/or ideation if involving harm to others\nother types of hostile, disruptive behaviour\nExcessive demand exempt (EDE) As per paragraphs A38(2) , R24 , R117(g) and R139(4) , excessive demand determinations under A38(1)(c) do not apply to\na spouse, common-law partner or conjugal partner\na dependent child (including an adopted a child) of the sponsor, or of the sponsor’s spouse, common-law partner or conjugal partner\nConvention refugees (including their spouses/common-law partners/conjugal partners and dependent children)\nprotected persons (including their spouses/common-law partners/conjugal partners and dependent children)\nAlthough such individuals must undertake a full immigration medical examination, they are not assessed for excessive demand.\nExcessive demand for health and social services The definition of “excessive demand” is found in subsection R1(1) . Health services The definition of “health services” is found in subsection R1(1) . Immigration medical examination (IME) According to the legislation, a medical examination may include any or all of the following: a review of an applicant’s medical history, a mental examination, a physical examination, laboratory and diagnostic tests, and a medical assessment of the applicant’s records ( R29 ).\nHowever, to have sufficient information to determine inadmissibility on health grounds, foreign nationals who are asked to submit to a medical examination should generally have at least one full medical examination conducted by a panel physician, called a routine immigration medical examination (IME), which includes all of the following:\nreview of past medical history\nphysical examination", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Medical Definitions (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/definitions.html" + }, + { + "id": "pdi-standard-15-0-p3", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Medical Definitions", + "marginal_note": "Medical Definitions", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "mental examination\nadditional age-related tests:\nsyphilis and HIV blood tests (age 15 and older)\nchest X-ray (age 11 and older)\nIf necessary, other medical investigations and tests may also be conducted to determine admissibility or inadmissibility on health grounds.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Medical Definitions (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/definitions.html" + }, + { + "id": "pdi-standard-15-0-p4", + "doc_type": "memorandum", + "act_code": "PDI-STANDARD", + "act_short": "PDI Standard Requirements", + "act_name": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "section": "Medical Definitions", + "marginal_note": "Medical Definitions", + "part": "PDI — Standard requirements (incl. Tran serious-criminality assessment)", + "division": "", + "heading": "", + "text": "Medical assessment A medical assessment is the review of an applicant’s medical file by an IRCC medical officer and/or delegated staff. A medical assessment may lead to a determination of inadmissibility or admissibility, or may indicate that further medical examination is required. Medical certificate The purpose of the medical certificate is to indicate that an applicant is not inadmissible on health grounds. It is created in GCMS by entering a medical profile that denotes that the applicant underwent a medical examination within the previous 12 months and was found admissible on health grounds (limited to the following M profiles: M1, M2, M2/3, and M3). Medical profile A medical profile is the result of the last medical assessment in an applicant’s medical file. It is the code that denotes that an applicant underwent a medical examination and was found either admissible or inadmissible with respect to danger to public health, public safety and, where applicable, excessive demand on health and social services. Medical surveillance Applicants found to have a medical condition of public health significance during their immigration medical examination must report to the provincial or territorial public health authorities to undergo medical surveillance. The applicant’s medical profile indicates when medical surveillance is necessary (see list of surveillance codes ). The Public Health Liaison Unit (PHLU) in IRCC’s Migration Health Branch notifies the public health authorities and obtains a notice of compliance when a client has started medical surveillance. The provincial or territorial public health authorities are responsible for the actual surveillance process. Panel physicians Panel physicians are authorized by IRCC to perform immigration medical examinations. Panel radiologists Panel radiologists are authorized by IRCC to perform, grade and submit chest x-­rays requested for immigration medical examinations. Social services The definition of “social services” is found in subsection R1(1) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Standard Requirements: Medical Definitions (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/definitions.html" + }, + { + "id": "pdi-delegation-0-1", + "doc_type": "memorandum", + "act_code": "PDI-DELEGATION", + "act_short": "PDI Designation-Delegation", + "act_name": "PDI — Designation of officers and delegation of authority", + "section": "Operational Manuals – Legislation (IL) — Designation of Officers and Delegation of Authority", + "marginal_note": "Designation of Officers and Delegation of Authority", + "part": "PDI — Designation of officers and delegation of authority", + "division": "", + "heading": "", + "text": "CIC ’s Designation of Officers and Delegation of Authority Instrument\nThis instrument contains only the authorities that are within CIC ’s mandate. The authority under IRPA that are now under the mandate of the Minister of Public Safety and Emergency Preparedness are listed in a separate instrument.\nThrough this instrument the CIC Minister is delegating most of the powers that are vested in him by the IRPA in relation to the application of the law. The CIC Minister is also designating in this instrument the “officer” that could carry out the authority vested to them by IRPA and describe the duties and powers they can exercise.\nWhile most of the authorities under the IRPA are given to officers of the Department, many duties and powers are actually carried out by persons outside the Department such as locally-engaged persons working overseas, Canada Border Services Agency ( CBSA ) or RCMP officers. This instrument also indicates the authorities that have been given to them.\nThe text of the Designation of Officers and Delegation of Authorities Instrument is available through the link below.\nDesignation of Officers and Delegation of Authority documents\nInstrument of Designation and Delegation (PDF, 1.1 MB) [effective December 15, 2025]", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Designation-Delegation: Designation of Officers and Delegation of Authority", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/legislation.html" + }, + { + "id": "pdi-identity-0-0", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management", + "marginal_note": "Identity management", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nEffective identity management and risk assessment tools are critical to combating fraud, managing the movement of people and protecting Canada’s security interests. The following web pages contain key guidelines and procedures for establishing and verifying the identity of applicants.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Identity management", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management.html" + }, + { + "id": "pdi-identity-0-1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management — Identity management directives and procedures", + "marginal_note": "Identity management directives and procedures", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Establishing name records in IRCC systems\nExceptions to change of name requirements\nVerification of status as an identity-linking document\nReclaiming an Indigenous name for citizenship and permanent residence at IRCC\nEstablishing date of birth records in IRCC systems\nSex or gender identifier on IRCC documents and in IRCC systems", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Identity management directives and procedures", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management.html" + }, + { + "id": "pdi-identity-1-0", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Establishing name records in IRCC systems", + "marginal_note": "Identity management: Establishing name records in IRCC systems", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the IRCC website as a courtesy to stakeholders.\nThis section provides direction on establishing name records in IRCC systems for the following departmental lines of business:\ncitizenship\npermanent residence\ntemporary residence\nrefugee protection\nThese procedures stress the importance of using the most reliable documentary evidence available when establishing the name of an individual in IRCC systems, rather than using a name at the request of the client.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Identity management: Establishing name records in IRCC systems", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures.html" + }, + { + "id": "pdi-identity-1-1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Establishing name records in IRCC syste — Documents used to establish a name", + "marginal_note": "Documents used to establish a name", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Documents used to establish name records by business line provides information on acceptable identity documents to establish name records in IRCC systems.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Documents used to establish a name", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures.html" + }, + { + "id": "pdi-identity-1-2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Establishing name records in IRCC syste — How to read travel documents (MRZ, MRC, VIZ)", + "marginal_note": "How to read travel documents (MRZ, MRC, VIZ)", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "How to read travel documents provides information about the formats of travel documents.\nThe Machine Readable Zone Validator allows users to enter information from a passport or visa and validate whether or not the travel document adheres to International Civil Aviation Organization (ICAO) standards.\nHow to read travel documents provides information about the formats of travel documents.\nThe Machine Readable Zone Validator allows users to enter information from a passport or visa and validate whether or not the travel document adheres to International Civil Aviation Organization (ICAO) standards.\n-->", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: How to read travel documents (MRZ, MRC, VIZ)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures.html" + }, + { + "id": "pdi-identity-1-3", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Establishing name records in IRCC syste — Name structures and how to record them in the Global Case Ma", + "marginal_note": "Name structures and how to record them in the Global Case Management System (GCMS)", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Name structures and how to record them in the Global Case Management System (GCMS) provides information on various naming conventions found on foreign travel documents and how to record them in GCMS.\nName structures and how to record them in the Global Case Management System (GCMS) provides information on various naming conventions found on foreign travel documents and how to record them in GCMS.\n-->", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Name structures and how to record them in the Global Case Management System (GCMS)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures.html" + }, + { + "id": "pdi-identity-1-4", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Establishing name records in IRCC syste — Managing existing records", + "marginal_note": "Managing existing records", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Change of name request\nExceptions to change of name requirements\nVerification of status as an identity-linking document\nDuplicate records or two clients associated with the same unique client identifier (UCI)\nList of supporting documents issued by provinces and territories of Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Managing existing records", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures.html" + }, + { + "id": "pdi-identity-2-0", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Exceptions to change of name requirements", + "marginal_note": "Exceptions to change of name requirements", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nClients residing in Canada may change their given name(s) to a name of their choice on IRCC-issued documents if their situation falls under the specified circumstances outlined in the exception to the naming policy .\nThese procedures enable clients who meet or have met the IRCC requirements for a change of sex or gender identifier to change their given name(s) even if they do not meet IRCC’s standard requirements to change their name.\nOn this page\nDocument requirements\nVerification of status as an identity-linking document\nProcessing examples", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Exceptions to change of name requirements", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/exceptions.html" + }, + { + "id": "pdi-identity-2-1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Exceptions to change of name requirements — Document requirements", + "marginal_note": "Document requirements", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Only permanent residents and protected persons are eligible to obtain a change of name under the policy. To grant a change of name, IRCC will rely on a statutory declaration from the client in addition to the completed application for a new or replacement document. The statutory declaration must be administered and signed by 1 of the following:\na notary public\na commissioner of oaths\na commissioner of taking affidavits\nPermanent residents\nPermanent residents must submit the following documents for IRCC to grant a change of name under the policy:\nA statutory declaration confirming that the individual is unable to meet IRCC’s standard requirements to change their name because they are unable to obtain a change of name under provincial or territorial legislation where they reside and because either\nthe individual is unable to obtain the required amended documents from their country of nationality for reasons beyond their control (for example, war or natural disaster) or owing to undue hardship (for example, foreign residency or financial requirements to obtain a name change are too onerous to be met by them); or\nthe individual is unable to meet IRCC’s standard requirements to change their name because they are stateless.\nA completed application to get, renew or replace a permanent resident card (IMM 5445) , and pay the associated fees.\nIf the client currently has an application in process, they must update IRCC using the IRCC contact web form and attach the statutory declaration.\nProtected persons\nProtected persons, including successful refugee claimants, must submit the following documents for IRCC to grant a change of name under the policy:\nA statutory declaration confirming that the individual is unable to meet IRCC’s standard requirements to change their name because they are unable to obtain a change of name under provincial or territorial legislation where they reside.\nIf the protected person is applying for permanent residence, they must also submit a completed application to get, renew or replace a permanent resident card (IMM 5445) and pay the associated fees.\nIf the protected person holds a valid work permit or study permit , they must submit an application for a new document, and pay the associated fees.\nIf the client currently has an application in process, they must update IRCC using the IRCC contact web form and attach the statutory declaration.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Document requirements", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/exceptions.html" + }, + { + "id": "pdi-identity-2-2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Exceptions to change of name requirements — Verification of status as an identity-linking document", + "marginal_note": "Verification of status as an identity-linking document", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Clients who have already received a change of name or gender identifier, or who are applying for a change of name under this exception, are eligible to obtain a verification of status. For a $30 fee, the verification of status will include a standard remark to link their previous name or gender identifier to their new name or gender identifier.\nClients and officers should refer to Verification of status as an identity-linking document for more information.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Verification of status as an identity-linking document", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/exceptions.html" + }, + { + "id": "pdi-identity-2-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Exceptions to change of name requirements — Processing examples", + "marginal_note": "Processing examples", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "The following are examples that meet the requirements for a client to have their given name changed under this exception.\nExample 1: Permanent resident\nA client was born under the identity of John Doe with the sex or gender identifier “male” on their foreign passport or travel document. The client became a permanent resident of Canada and has been living as a woman with the assumed given name Jane, to the extent possible, in day-to-day life.\nAlthough she is able to meet the IRCC requirements to change the sex or gender identifier on her permanent resident card (PR card), she is unable to meet the IRCC standard requirements to obtain a change of name for the reasons outlined in the specified circumstances of the exception to the naming policy.\nAlong with a completed application to get, renew or replace a permanent resident card (IMM 5445) , the client has provided a statutory declaration stating all of the following:\nAlthough her official foreign travel document lists her identity as a male with the name John Doe, she is a transgender person who is unable to obtain a legal change of name in the province where she resides because eligibility for such changes is limited to Canadian citizens.\nShe wishes to have her documents reflect her gender identity with her preferred female given name(s).\nIn order to change her name in her country of nationality and on her foreign national travel document, she must reside there for a period of one year, which would disrupt her employment (causing undue hardship) and put her at risk of personal injury.\nThe client has also provided documentary evidence of the residency requirement in her country of nationality.\nExample 2: A protected person without permanent residence status who holds a valid work permit", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Processing examples (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/exceptions.html" + }, + { + "id": "pdi-identity-2-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Exceptions to change of name requirements — Processing examples", + "marginal_note": "Processing examples", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "A client was born under the identity of Jane Doe with the sex or gender identifier “female” on their foreign passport or travel document. The client came to Canada, made a successful refugee claim and is currently a protected person with a valid work permit. The client has been living as a man in Canada and using the assumed given name John, to the extent possible, in day-to-day life.\nAlthough John is able to meet the IRCC requirements to change the sex or gender identifier on his verification of status document for protected persons from “female” to “male,” he is unable to meet the IRCC standard requirements to obtain a change of name on his work permit for the following reason:\nHe is unable to change his name in his province or territory of residence, in this case because the provincial law only allows name changes for Canadian citizens.\nAlong with a completed application form for a new temporary resident document, the client has provided a statutory declaration stating the following:\nHe is unable to obtain a legal change of name in the province where he resides because eligibility for such changes is limited to Canadian citizens.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Processing examples (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/exceptions.html" + }, + { + "id": "pdi-identity-3-0", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity Management: Verification of status as an identity-linking document", + "marginal_note": "Identity Management: Verification of status as an identity-linking document", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nClients applying for a verification of status (VOS) to confirm their current immigration status or to obtain proof of their historical immigration information must submit a completed Application for a Verification of Status or Replacement of an Immigration Document by mail.\nOnly clients who are eligible to obtain a change of given name with Immigration, Refugees and Citizenship Canada (IRCC) under the  Exceptions to change of name requirements , or clients who have obtained a change of sex or gender identifier on their IRCC document, are eligible to obtain a VOS as an identity-linking document.\nAll other clients requesting a change of name must follow IRCC’s existing requirements and process for their respective line of business.\nThis page contains guidance on handling requests from eligible citizenship and immigration clients who wish to obtain a VOS, for a $30 fee, to link their previous and new names or gender identifiers.\nSince it can be problematic for these clients to obtain services under the new name or gender that appears on their IRCC document without an official document to link the previous and new names or gender identifiers, IRCC is offering eligible clients the option of obtaining a VOS to serve that purpose.\nThe standard remark included on the VOS for name changes is as follows:\nThe name of the bearer of this document, previously identified as “first name / last name”, is to be identified as “first name / last name”.\nThe standard remark included on the VOS for gender identifier changes is as follows:\nThe sex or gender of the bearer of this document, previously identified as “F/M/X”, is to be currently identified as “F/M/X”.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Identity Management: Verification of status as an identity-linking document", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/exceptions/verification.html" + }, + { + "id": "pdi-identity-3-1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity Management: Verification of status as an identity-l — General requirements", + "marginal_note": "General requirements", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Eligible clients who currently hold IRCC documents and who want to obtain a VOS to link their previous and new names or gender identifiers\nClients who have already received a change of name or gender identifier can request a VOS, for a $30 fee, by submitting an email to IRCC.VOS-VDS.IRCC@cic.gc.ca . Every message should include the following details:\nrequest for VOS as name-linking document (this should be indicated in the subject field of the email)\nunique client identifier (UCI)\nprevious and current full name\ndate of birth (YYYY/MM/DD)\ncountry of birth\n$30 fee payment receipt\nImportant: All requests for a VOS as an identity-linking document submitted to IRCC.VOS-VDS.IRCC@cic.gc.ca by clients who are ineligible will not be processed. Clients applying for a VOS to confirm their current immigration status or to obtain proof of their historical immigration information must submit a completed Application for a Verification of Status or Replacement of an Immigration Document by mail.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: General requirements", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/exceptions/verification.html" + }, + { + "id": "pdi-identity-4-0", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Reclaiming an Indigenous name for citizenship and permanent residence at IRCC", + "marginal_note": "Reclaiming an Indigenous name for citizenship and permanent residence at IRCC", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe Truth and Reconciliation Commission of Canada was established in 2008 to document the history and lasting impacts of the Canadian Indian Residential School System on Indigenous students and their families. In December 2015, the Commission released its final report with 94 Calls to Action (PDF, 299 KB) to redress the legacy of residential schools and advance the process of reconciliation.\nSpecifically, Call to Action #17 called upon “all levels of government to enable residential school survivors and their families to reclaim names changed by the residential school system by waiving administrative costs for a period of five years for the name-change process and the revision of official identity documents, such as birth certificates, passports, driver’s licenses, health cards, status cards, and social insurance numbers.”\nThis page provides direction and procedures to enable clients to reclaim their Indigenous name with the following lines of business:\ncitizenship\npermanent residence\nLearn how to reclaim an Indigenous name on a Canadian passport or travel document .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Reclaiming an Indigenous name for citizenship and permanent residence at IRCC", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/exceptions/reclaiming-indigenous-name.html" + }, + { + "id": "pdi-identity-4-1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Reclaiming an Indigenous name for citizenship and permanent — On this page", + "marginal_note": "On this page", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Historical records\nDocument requirements by line of business\nVerification of status as an identity-linking document\nConsiderations", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/exceptions/reclaiming-indigenous-name.html" + }, + { + "id": "pdi-identity-4-2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Reclaiming an Indigenous name for citizenship and permanent — Historical records", + "marginal_note": "Historical records", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Historical records are not amended unless a clerical or administrative error has been made by IRCC. These records are\nimmigration records of landing (IMM 1000)\nConfirmation of Permanent Residence (COPR) documents (IMM 5292, IMM 5509 or IMM 5688)\nIf a clerical or administrative error has been made by IRCC, the officer should follow the instructions in Change of name due to a clerical or administrative error .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Historical records", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/exceptions/reclaiming-indigenous-name.html" + }, + { + "id": "pdi-identity-4-3", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Reclaiming an Indigenous name for citizenship and permanent — Document requirements by line of business", + "marginal_note": "Document requirements by line of business", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Citizenship\nFor the citizenship line of business, the following forms and documents are required to reclaim an Indigenous name:\na completed application for a Canadian citizenship certificate (adults and minors) (CIT 0001) and the other documents required as part of the application process\na legal change of name document that links the previous name to the reclaimed name Footnote * , an amended birth certificate in the reclaimed name or both documents\na confirmation of eligibility for a gratis replacement document (PDF, 1.82 MB) , if the client is applying for a replacement certificate", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Document requirements by line of business", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/exceptions/reclaiming-indigenous-name.html" + }, + { + "id": "pdi-identity-4-4", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Reclaiming an Indigenous name for citizenship and permanent — Footnotes", + "marginal_note": "Footnotes", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Footnote *\nIf the client is unable or ineligible to obtain a legal change of name in their province, territory or country of residence due to provincial, territorial or national legislation, the client can submit a statutory declaration to reclaim an Indigenous name on Canadian citizenship certificates (PDF, 1.82 MB) . The statutory declaration must be witnessed and signed by a designated official, such as a notary public, a commissioner of oaths or a commissioner of taking affidavits. The client must be able to show that they were not able to receive a legal change of name by providing evidence such as a copy of the legislation or a copy of the rejection of their request for a legal name change.\nReturn to footnote * referrer\nNote: A Canadian citizenship certificate may not be universally accepted for entry or exit by border authorities of another country, especially if the name is different than the name on the client’s other identification, including a passport or travel document. It is the client’s responsibility to verify with the high commission, embassy or consulate of all the countries they intend to visit, transit through or reside in to enquire about entry requirements. Clients who hold dual citizenship should seek a name change on all other passports or travel documents.\nPermanent residence\nFor the permanent residence line of business, the following forms and documents are required to reclaim an Indigenous name:\na completed Application for a Permanent Resident Card (IMM 5444) and the other documents required as part of the application process\na legal change of name document that links the previous name to the reclaimed name Footnote *\na confirmation of eligibility for a gratis replacement document (PDF, 1.82 MB) if the client is applying for a replacement permanent resident card", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Footnotes", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/exceptions/reclaiming-indigenous-name.html" + }, + { + "id": "pdi-identity-4-5", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Reclaiming an Indigenous name for citizenship and permanent — Footnotes", + "marginal_note": "Footnotes", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Footnote *\nIf the client is unable or ineligible to obtain a legal change of name in their province, territory, or country of residence due to provincial, territorial or national legislation, the client can submit a statutory declaration to reclaim an Indigenous name on permanent resident cards (PDF, 1.82 MB) . The statutory declaration must be witnessed and signed by a designated official, such as a notary public, a commissioner of oaths or a commissioner of taking affidavits. The client must be able to show that they were not able to receive a legal change of name by providing evidence such as a copy of the legislation or a copy of the rejection of their request for a legal name change.\nReturn to footnote * referrer\nNote: A permanent resident card may not be universally accepted for entry or exit by border authorities of another country, especially if the name is different than the name on the client’s other identification, including a passport or travel document. It is the client’s responsibility to verify with the high commission, embassy or consulate of all the countries they intend to visit, transit through or reside in to enquire about entry requirements.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Footnotes", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/exceptions/reclaiming-indigenous-name.html" + }, + { + "id": "pdi-identity-4-6", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Reclaiming an Indigenous name for citizenship and permanent — Verification of status as an identity-linking document", + "marginal_note": "Verification of status as an identity-linking document", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Clients who reclaim their Indigenous name on their IRCC document with a statutory declaration form are eligible to obtain a verification of status (VOS) to link their previous name to their reclaimed name, free of charge.\nOnce the client receives their replacement document in their reclaimed name, the client can request a VOS by sending an email to IRCC.VOS-VDS.IRCC@cic.gc.ca . The message should include the following details:\nSubject line: Request for VOS as identity-linking document under CTA-17\nUnique client identifier (UCI): _________________\nPrevious full name: _______________\nCurrent (reclaimed) full name: ______________\nDate of birth (YYYY/MM/DD): __________________\nCountry of birth: ______________", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Verification of status as an identity-linking document", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/exceptions/reclaiming-indigenous-name.html" + }, + { + "id": "pdi-identity-4-7", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Reclaiming an Indigenous name for citizenship and permanent — Considerations", + "marginal_note": "Considerations", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Single names\nIRCC recognizes the family name as the primary identifier. If a client obtains a legal change of name with a single name or completes the statutory declaration requesting a single name, the name will be recorded in GCMS in the family name field. The single name will appear in the family name field of the IRCC document.\nAccents and characters not found in the Roman alphabet\nGCMS can only record characters found in the Roman alphabet and the following French accents: â, à, é, ê, ë, è, ï, î, ô, ü, ù, û, ç. If the legal change of name document or statutory declaration form contains characters of a foreign alphabet, clients will be required to provide an official translation . The IRCC document can only be printed with characters found in the Roman alphabet and the French accents previously mentioned.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Considerations", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/exceptions/reclaiming-indigenous-name.html" + }, + { + "id": "pdi-identity-5-0", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Establishing date of birth records in IRCC systems", + "marginal_note": "Identity management: Establishing date of birth records in IRCC systems", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThis section provides guidance on the establishment of date of birth records in Immigration, Refugees and Citizenship Canada (IRCC) systems for the following IRCC lines of business: citizenship, permanent resident, temporary resident and refugees. Through these instructions, IRCC aims to:\nidentify and record a client’s known date of birth as accurately as possible\nestablish a consistent and transparent approach to documenting a client’s date of birth in IRCC’s system of record\nenhance identity management to improve program integrity and improve client service\nIt is important to use the most reliable documentary evidence available when establishing the date of birth of an individual in IRCC systems, rather than using a date at the request of the client.\nWhen developing or managing programs, processes and tools that impact identity management, or when identifying and recording a date of birth, the following principles will be considered:\nA date of birth shall be recorded based on documentary evidence from the client.\nShould documentary evidence not be available, officers shall use oral evidence, when possible, to identify a complete or incomplete date of birth.\nIf a complete date of birth is not available, an incomplete date of birth shall be recorded.\nIf a complete or incomplete date of birth is not available, an arbitrary date of birth will not be created and recorded.\nThe identification and recording of a client’s date of birth shall not impede travel to Canada.\nA single and auditable client identity continuum should exist per client.\nGiven the nature of IRCC’s business, officers should seek to follow, where possible, the International Civil Aviation Organization guidelines contained in Doc 9303 on Machine Readable Travel Documents.\nThese instructions were effective as of January 2, 2015, and cannot be applied retroactively to cases that were closed prior to this date.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Identity management: Establishing date of birth records in IRCC systems", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date.html" + }, + { + "id": "pdi-identity-5-1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Establishing date of birth records in I — Determining date of birth", + "marginal_note": "Determining date of birth", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "General procedures \nDocuments used to establish date of birth records \nOrder of priority \nDate of birth structures in travel documents (MRZ, MRC, VIZ)\nManaging existing records ", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Determining date of birth", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date.html" + }, + { + "id": "pdi-identity-6-0", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Sex or gender identifier on IRCC documents and in IRCC systems (identity managem", + "marginal_note": "Sex or gender identifier on IRCC documents and in IRCC systems (identity management)", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThis section provides guidance on the establishment of an applicant’s sex or gender identifier in IRCC systems for the following IRCC lines of business:\ncitizenship\npermanent residence\ntemporary residence\nrefugees\nThis guidance applies to initial applications with IRCC as well as to applications for replacement documents.\nApplicants have the option to select one of the following sex or gender identifiers:\nF (female)\nM (male)\nX (another gender)\nThe officer processing the request may change an applicant’s sex or gender identifier based only on a completed request form for a change of sex or gender identifier. The officer must ensure that the applicant’s identity is recorded as accurately as possible.\nNote: If the client is requesting a change of name at the same time, see Naming procedures: Managing existing records – Change of name request for the required documentation.\nFor information on how to change the sex identifier on a passport or travel document, see Choose or update the gender identifier on your passport or travel document .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Sex or gender identifier on IRCC documents and in IRCC systems (identity management)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/sex-designation.html" + }, + { + "id": "pdi-identity-6-1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Sex or gender identifier on IRCC documents and in IRCC syste — Managing existing records", + "marginal_note": "Managing existing records", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Change of sex or gender identifier due to a clerical or administrative error made by IRCC\nChange of sex or gender identifier for reasons other than a clerical or administrative error", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Managing existing records", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/sex-designation.html" + }, + { + "id": "pdi-identity-7-0", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Naming Policy: For Client Identification Purposes", + "marginal_note": "Naming Policy: For Client Identification Purposes", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThis policy provides guidance to officers about how to identify and record a client’s name. This policy applies to both the citizenship and immigration lines of business.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Naming Policy: For Client Identification Purposes", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/naming-policy-client-identification-purposes.html" + }, + { + "id": "pdi-identity-7-1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Naming Policy: For Client Identification Purposes — On this page", + "marginal_note": "On this page", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Recording names\nPrinciples\nOperational considerations and exceptions\nCommencement and application\nDefinitions\nException to the naming policy", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/naming-policy-client-identification-purposes.html" + }, + { + "id": "pdi-identity-7-2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Naming Policy: For Client Identification Purposes — Recording names", + "marginal_note": "Recording names", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Accurately recording the names of all Immigration, Refugees and Citizenship Canada (IRCC) clients will\nensure, wherever possible, that the name is recorded in systems of record using the name that is presented on the client’s documentation\nensure that IRCC documents are issued with the correct name\nfoster consistency across the department on name-recording practices in order to enhance program integrity and ensure clarity for IRCC partners\nensure that client name records contain an auditable name “trail”\nIt is important to note that\na client’s name should be identified and recorded exactly as it is presented on the documentation provided by the client, and decision-making about a name should be based on the most reliable documentary evidence available\nofficers will not re-order or alter names as displayed on original identity documents in a system of record so as to simplify identifying a client in a name search, or so a name will appear differently on IRCC documents\nif a scenario occurs where the client has no documentation (as is sometimes the case with overseas resettlement and asylum cases), the officer may use their discretion in identifying and recording the name", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Recording names", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/naming-policy-client-identification-purposes.html" + }, + { + "id": "pdi-identity-7-3", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Naming Policy: For Client Identification Purposes — Principles", + "marginal_note": "Principles", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This policy aligns with Government of Canada legislation, policies and directives that guide or impact identity information management. When developing and managing programs, processes and tools that impact identity management, officers should consider the following IRCC principles:\nIRCC is an authoritative source of identity management; however, IRCC does not “create” identities, and names are identified based on the most solid evidence of identity available\nThe identification and recording of a client’s name should be done in a consistent and transparent manner\nThe identification and recording of a client’s name should not impede travel\nThe identification and recording of a client’s name should not impede the client’s integration into Canada, and where possible, should facilitate integration\nA single and auditable client identity continuum should exist per client\nIRCC will remain a trusted source for client identity information\nIdentity information management improves client service and program integrity", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Principles", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/naming-policy-client-identification-purposes.html" + }, + { + "id": "pdi-identity-7-4", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Naming Policy: For Client Identification Purposes — Operational considerations and exceptions", + "marginal_note": "Operational considerations and exceptions", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This policy is intended to introduce a degree of uniformity across the department and thus has introduced principles intended to foster consistency in the identification and recording of names. This policy acknowledges that exceptional naming-related situations have generally been dealt with on a case-by-case basis and that in many instances, it has been up to the officer to determine how to identify and record a name without formal guidance. Instructions relating to exceptional cases will be published in operational bulletins and/or program delivery instructions. Given the nature of IRCC business, officers should seek to follow, where possible, the International Civil Aviation Organization (ICAO) guidelines contained in ICAO’s “ Doc 9303 ” on Machine Readable Travel Documents.\nFor clarifications or questions related to applying this policy to exceptional naming-related situations, please contact IRCC.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Operational considerations and exceptions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/naming-policy-client-identification-purposes.html" + }, + { + "id": "pdi-identity-7-5", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Naming Policy: For Client Identification Purposes — Commencement and application", + "marginal_note": "Commencement and application", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This policy commences on January 1, 2013.\nThis policy supersedes all other policies issued by IRCC on this topic before the commencement of this policy. It is a “day forward” policy in that every time a new service is being requested by an existing client or a new application is made, this policy shall apply. This policy shall not apply retroactively to cases that were addressed or initiated before its commencement.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Commencement and application", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/naming-policy-client-identification-purposes.html" + }, + { + "id": "pdi-identity-7-6", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Naming Policy: For Client Identification Purposes — Definitions", + "marginal_note": "Definitions", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Establishing a name record: The act of recording the name associated with a client. Name: Consists of the series of letters in Roman alphabet by which a client is identified", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Definitions", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/naming-policy-client-identification-purposes.html" + }, + { + "id": "pdi-identity-7-7", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Naming Policy: For Client Identification Purposes — Exception to the naming policy", + "marginal_note": "Exception to the naming policy", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "IRCC will, in the specified circumstances and where required evidence is established, change a client’s given name(s) on departmentally issued documents to a new name requested by the client. The purpose of this exception is to accommodate clients who are unable to obtain a name change on the required documents issued by the province or territory in which they reside and by their country of nationality.\nThe specified circumstances are the following:\nwhere a permanent resident is not able to obtain a name change on the required documents in both of the following cases:\nunder the provincial or territorial legislation Footnote 1   where they reside\nfrom their country of nationality\nfor reasons beyond their control (for example, war or natural disaster) or of undue hardship (for example, foreign residency or financial requirements to obtain a name change are too onerous to be met by them)\nfor the reason that they are stateless\nwhere a protected person (including a permanent resident who has protected person status) is unable to obtain a name change on the required documents under the legislation in the province or territory Footnote 1   where they reside\nFootnote 1\nThe Name Act (BC), The Change of Name Act (AB, SK, MB, ON, NB, NS, PEI, NL, YT, NWT, NU), and the Civil Code (QC).\nReturn to footnote 1 referrer", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Exception to the naming policy", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/naming-policy-client-identification-purposes.html" + }, + { + "id": "pdi-identity-8-0", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "IRCC Sex and Gender Client Identifier Policy", + "marginal_note": "IRCC Sex and Gender Client Identifier Policy", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the IRCC website as a courtesy to stakeholders.\nThis policy is based on the Treasury Board Secretariat’s Policy Direction to Modernize the Government of Canada’s Sex and Gender Information Practices . The purpose of this policy is to set out how a client’s sex or gender information should be collected, recorded and displayed in the administration of Immigration, Refugees and Citizenship Canada’s (IRCC) programs, namely, immigration, citizenship and passport lines of business. The sex or gender identifier includes female (F), male (M), and another gender (X). It is important to note that while this policy may be superseded by the broader application of the Canadian Charter of Rights and Freedoms (Charter) and the Canadian Human Rights Act (CHRA), the intent of this policy is to minimize the risk of infringing either the Charter or the CHRA.\nAn important principle of the policy direction is that sex and gender are separate personal characteristics:\nSex refers to biological characteristics, such as female, male, or intersex.\nGender refers to a social identity, such as man, woman, non-binary, or two-spirit.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: IRCC Sex and Gender Client Identifier Policy", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/sex-gender-policy.html" + }, + { + "id": "pdi-identity-8-2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "IRCC Sex and Gender Client Identifier Policy — 1.1 Objective", + "marginal_note": "1.1 Objective", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "To establish a policy for all IRCC lines of business for the purposes of collecting, recording and displaying a client’s sex or gender identifier as accurately as possible. The policy will strive to:\n1.1.1. Ensure that the collection and recording of personal information is in accordance with the Privacy Act and enables IRCC programs to gather data to meet equity and evidence-based policy objectives.\n1.1.2. Enhance the privacy of individuals by eliminating unnecessary display of sex or gender information.\n1.1.3. Ensure that the gender of transgender, non-binary and two-spirit individuals is accurately represented on identification documents and in personal records, while noting that in some cases, sex information may be required to fulfill program needs.\n1.1.4. Ensure that individuals are able to obtain identity documents and personal records that align with their gender while supporting the integrity of IRCC programs.\n1.1.5. Provide individuals with a non-binary option that better reflects their gender while enabling IRCC’s collection of more inclusive gender data.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: 1.1 Objective", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/sex-gender-policy.html" + }, + { + "id": "pdi-identity-8-3", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "IRCC Sex and Gender Client Identifier Policy — 1.2 Policy direction", + "marginal_note": "1.2 Policy direction", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "1.2.1. Collection and recording: Programs must have a clear rationale for collecting sex or gender information. Specifically, the collection must be directly related to the operation of that line of business, and it must meet equity and evidence-based policy objectives. Recording of sex or gender information in IRCC’s system of records should align with the identifier provided by the client.\n1.2.2. Display: Programs must have a clear rationale for the display of sex or gender information. IRCC shall display sex or gender information only in specific cases where there is a clear program need (for example, international compliance, health-related purposes). “Display” refers to showing an individual’s sex or gender information on public-facing documents.\n1.2.3. Default to gender: Programs must collect (and display, if required) gender information by default. Sex information is to be used by exception in order to fulfill a program need (for example, international compliance, health-related purposes).\n1.2.4. Non-intrusive change of identifier: Programs must apply non-intrusive requirements for updating sex or gender information that are proportionate to the level of security required by a program area. For example, a request form can be completed to change a sex or gender identifier. A signed statement by the individual on the form in support of the application should be considered sufficient to change sex or gender information.\n1.2.5. Non-binary gender information: At collection (and when displayed, if required), programs must offer the choice between female (F), male (M), and another gender (X). The X identifier is an option that may be chosen by individuals who do not identify exclusively as male or female, as well as two-spirit individuals.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: 1.2 Policy direction", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/sex-gender-policy.html" + }, + { + "id": "pdi-identity-8-4", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "IRCC Sex and Gender Client Identifier Policy — 1.3 Operational considerations", + "marginal_note": "1.3 Operational considerations", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Instructions relating to the collection, recording and display of a client’s sex or gender identifier will be published (as appropriate) in program delivery instructions, operational manuals and bulletins and the Passport Policy Manual.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: 1.3 Operational considerations", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/sex-gender-policy.html" + }, + { + "id": "pdi-identity-8-5", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "IRCC Sex and Gender Client Identifier Policy — 1.4 Commencement and application", + "marginal_note": "1.4 Commencement and application", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This policy commences as of January 25, 2021.\nThis policy supersedes all other policies applicable to the immigration, citizenship and passport lines of business issued by IRCC on this topic. It is a “day forward” policy in that every time a new service is requested by an existing client, or a new application is made, this policy shall apply. This policy shall not apply retroactively to cases that were addressed or initiated prior to its commencement.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: 1.4 Commencement and application", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/sex-gender-policy.html" + }, + { + "id": "pdi-identity-9-0", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Documents used to establish name records by business line", + "marginal_note": "Identity management: Documents used to establish name records by business line", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThis section provides direction on the use of identity documents to establish name records in IRCC systems for the following programs:\nTemporary resident and permanent resident\nRefugee claimants and protected persons\nRefugee Assistance Program\nGrant of citizenship\nCertificate of Canadian citizenship (proof of citizenship)\nPlease see the Order of Priority table for a quick reference chart that indicates the order of priority of identity documents used for establishing and recording client names by line of business.\nSee Establishing name records in IRCC systems for additional procedures on reading travel documents, name structures and how to record them in the Global Case Management System (GCMS) , and managing existing client records.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Identity management: Documents used to establish name records by business line", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/documents-used-establish-name-records-business-line.html" + }, + { + "id": "pdi-identity-9-1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Documents used to establish name record — Temporary resident or permanent resident", + "marginal_note": "Temporary resident or permanent resident", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Passports and other travel documents\nThe vast majority of IRCC applicants applying for temporary residence or permanent residence will have a passport in their possession. As an official document that shows the identity and nationality of a person for the purpose of facilitating international travel, the foreign passport is the primary document that shall be used to establish a name record for IRCC purposes.\nIn cases where an individual does not possess a passport but has another travel document, the name recorded on that travel document will be used to establish the name for IRCC purposes.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Temporary resident or permanent resident", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/documents-used-establish-name-records-business-line.html" + }, + { + "id": "pdi-identity-9-2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Documents used to establish name record — Refugee claimants and protected persons", + "marginal_note": "Refugee claimants and protected persons", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Passport or other travel document issued by country of nationality\nIf the applicant holds a valid passport or travel document issued by their country of nationality, it shall be used to establish a name record for IRCC purposes.\nOther identity documents and alternative documents\nIf the applicant does not hold a passport or travel document issued by their country of nationality, use the name listed on other identity documents (or photocopies thereof) that they have provided, cross-referencing with the name the person has listed on their application forms.\nIf the applicant provides two or more non-travel identity documents (or photocopies thereof) where the names differ, or the names on the documents differ from the one listed on the application forms, it is recommended that the applicant be asked to sign a statutory declaration attesting to their real name.\nRefugee selection overseas\nSubject to the refugee claimants section above, the name will be recorded as written on the referral document from a recognized international referral body or a group that has signed an agreement with the IRCC minister.\nProtected persons in Canada\nProtected persons who are applying for permanent residence and do not possess one of the documents listed in section 50 of the Immigration and Refugee Protection Regulations (IRPR) , are required to produce one of the documents listed in subsection R178(1) , which will be used to establish the name record in IRCC systems.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Refugee claimants and protected persons", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/documents-used-establish-name-records-business-line.html" + }, + { + "id": "pdi-identity-9-3", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Documents used to establish name record — Refugee Assistance Program (RAP)", + "marginal_note": "Refugee Assistance Program (RAP)", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Persons who arrive in Canada as government-assisted refugees\nThe name established during the permanent resident process and recorded as the primary name in IRCC’s system of record will be the name associated with the RAP record.\nChildren born to RAP recipients after arrival in Canada\nIf a child is born in Canada to an individual receiving assistance under the RAP program during the period of assistance, the child's name will be added to the record and the birth certificate issued by a Canadian province or territory will be used to establish the primary name for the child .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Refugee Assistance Program (RAP)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/documents-used-establish-name-records-business-line.html" + }, + { + "id": "pdi-identity-9-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Documents used to establish name record — Grants of citizenship", + "marginal_note": "Grants of citizenship", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Permanent residents\nFor persons applying for a grant of citizenship under subsections 5(1) or 5(2) or section 11 of the Citizenship Act who are currently permanent residents, the name that was established during the immigration stream on the record of landing, confirmation of permanent residence (COPR) or permanent resident card will be the name used for the citizenship record .\nIf the applicant has had an approved change of name , the applicant must provide appropriate linking and supporting documentation in order to change their name in IRCC’s system. The name to be used as the primary name in IRCC’s system of record is the name on the linking document.\nNon-permanent residents\nBirth certificate issued by a Canadian province or territory\nIn exceptional cases, an applicant born in Canada, who is not currently a permanent resident or Canadian citizen (for example, a person who formally renounced Canadian citizenship or a person described in subsection 3(2) of the Citizenship Act ), may request a discretionary grant of Canadian citizenship under subsection 5(4) of the Citizenship Act to alleviate special and unusual hardship or to reward services of an exceptional value to Canada. If they have not previously held a certificate of Canadian citizenship, the primary document for establishing the name in IRCC’s system of record is a birth certificate issued by a Canadian province or territory . If the applicant requests a name other than the one on the birth certificate, they must provide a document linking their previous name to the new name. For additional information, refer to Identity management: Change of name request .\nPrevious citizenship certificate", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Grants of citizenship (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/documents-used-establish-name-records-business-line.html" + }, + { + "id": "pdi-identity-9-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Documents used to establish name record — Grants of citizenship", + "marginal_note": "Grants of citizenship", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "If a former Canadian, who once held a certificate of Canadian citizenship, is no longer a Canadian citizen and is not a permanent resident, and has applied to resume Canadian citizenship with a request for a discretionary grant under subsection 5(4) of the Citizenship Act to alleviate special and unusual hardship or to reward services of an exceptional value to Canada, the name will be recorded as it was on the applicant’s previous citizenship certificate . If the applicant requests a name other than the one that was on the previous certificate, they must provide a document linking their previous name to the new name. For additional information, refer to Identity management: Change of name request .\nForeign passports or other travel documents\nFor persons applying for a grant of citizenship under subsection 5(4) (discretionary grant) of the Citizenship Act who were not born in Canada and are not permanent residents, the primary document used to establish the name on the citizenship record is the foreign passport .\nIn cases where an individual does not possess a passport but has another travel document, the name recorded on that travel document will be used to establish the name on the citizenship record.\nIn cases where an applicant is a minor born in the United States (US) and does not possess a passport or another travel document, the name recorded on the birth certificate will be used to establish the name on the citizenship record.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Grants of citizenship (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/documents-used-establish-name-records-business-line.html" + }, + { + "id": "pdi-identity-9-4-p3", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Documents used to establish name record — Grants of citizenship", + "marginal_note": "Grants of citizenship", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Recognizing that there are no provincial health facilities in certain remote border areas of Canada, the local Canadian provincial health authorities have established agreements with health facilities in the US to cover health services for Canadian residents. In cases like these, Canadian residents are asked to travel to the US to give birth, thus resulting in the child having a US birth certificate and no other travel documents.\nOther immigration documents\nFor persons applying under subsection 5(1.3) (Canadian Armed Forces – persons attached or seconded) of the Citizenship Act , the name that was established during the immigration stream on the work permit or visitor record will be the name used for the citizenship record .\nAdopted persons\nAdoption orders\nFor persons applying for a grant of citizenship under section 5.1 of the Citizenship Act for an adopted person, the primary document used to establish the name in the citizenship record is the adoption order.\nInstances where the adoptive parents do not know the name of the child at the time the application is submitted to IRCC\nFor overseas adoptions, there may be instances where the adoptive parents will not know the name of the child at the time Part 1 of the application is submitted to IRCC. In these cases, the name record will be created in the Global Case Management System (GCMS) with the parents’ family name(s) as the primary identifier and the word “unknown” as the secondary identifier in the given name field.\nOnce the child’s name is known, the temporary name indicated in GCMS (e.g. “Unknown Smith”) will be changed to “entered in error,” and the primary name will be recorded in accordance with the adoption order.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Grants of citizenship (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/documents-used-establish-name-records-business-line.html" + }, + { + "id": "pdi-identity-9-5", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Documents used to establish name record — Certificate of Canadian citizenship (proof of citizenship)", + "marginal_note": "Certificate of Canadian citizenship (proof of citizenship)", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "First-time proof application\nApplicants seeking proof of citizenship for the first time may have been born outside of Canada to a Canadian parent, or inside Canada. The document used to establish the name record differs as indicated:\nBorn outside of Canada to a Canadian parent and resides in or outside of Canada\nFor persons born outside of Canada to a Canadian parent, the primary document used to establish the name record is the applicant's foreign birth certificate .\nIf the applicant is unable to provide a foreign birth certificate, the name indicated on their passport or travel document will be used to establish the name record.\nIn rare instances when an applicant is unable to provide a foreign birth certificate, passport or other travel document, another authoritative national or federal document issued by the country of residence may be used to establish the name record.\nBorn in Canada\nFor persons born in Canada, the primary document used to establish the name record is a birth certificate issued by a Canadian province or territory.\nnote : For persons born in or outside of Canada who changed their names from the name appearing in their birth certificate, refer to Identity management: Change of name request for the procedures to follow to change the applicant’s name with IRCC.\nReplacement certificates (also known as replacement proofs)\nThe name on the replacement certificate will be the same as indicated on the applicant’s previous certificate of Canadian citizenship , unless the applicant requests a change of name and meets the requirements set out in Identity management: Change of name request .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Certificate of Canadian citizenship (proof of citizenship)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/documents-used-establish-name-records-business-line.html" + }, + { + "id": "pdi-identity-10-0", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: How to read travel documents", + "marginal_note": "Identity management: How to read travel documents", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThis section provides direction on travel documents, including passports, and how to read the identity information contained on them, including the different zones.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Identity management: How to read travel documents", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/read-travel-documents.html" + }, + { + "id": "pdi-identity-10-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: How to read travel documents — Zones on travel documents", + "marginal_note": "Zones on travel documents", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Visual inspection zone (VIZ)\nMachine readable zone (MRZ)\nMachine readable chip (MRC)\nVisual inspection zone (VIZ)\nThe visual inspection zone (VIZ) of a travel document contains the mandatory and optional data elements designed for visual inspection. The optional data elements, together with the mandatory data elements, accommodate the diverse requirements of issuing states and organizations while maintaining sufficient uniformity to ensure global interoperability for all travel documents.\nIf the document is compliant with the International Civil Aviation Organization (ICAO) standards, the VIZ will display the following mandatory data elements:\nNames\nDate of birth\nSex/gender\nNationality\nDate of issue\nDate of expiry\nIssuing authority\nPassport or document number\nFacial photograph\nHolder’s signature or usual mark\nAdditional optional data elements can be included on the VIZ, including but not limited to\nplace of birth\ncommunity names\naliases\npersonal identification numbers\nfingerprints\nMachine readable zone (MRZ)\nTravel documents produced in accordance with ICAO standards incorporate a machine readable zone (MRZ) to facilitate inspection of travel documents and reduce the time taken up in the travel process by administrative procedures. The data in the MRZ are formatted in such a way as to be readable by machines worldwide with standard capability. The MRZ is a different representation of the data that is found in the VIZ and will always be in the Roman alphabet.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Zones on travel documents (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/read-travel-documents.html" + }, + { + "id": "pdi-identity-10-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: How to read travel documents — Zones on travel documents", + "marginal_note": "Zones on travel documents", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "In addition, the MRZ provides verification of the information in the VIZ and may be used to provide search characters for a database inquiry. The MRZ provides a set of essential data elements in a format standardized for each type of travel document that can be used by all receiving states regardless of their national script or customs.\nThe MRZ is the main area that should be relied upon to establish the client’s primary name.\nThe format of the MRZ on a travel document for names is as follows:\nThe family name is recorded first\nThe double chevron character (<<) separates the family name(s) from the given name(s)\nThe single chevron (<) separates multiple family names and multiple given names.\nExample:\nMachine readable chip (MRC)\nA machine readable chip (MRC) is an electronic feature that enhances a document’s security features. When a passport contains a MRC, there will be a small image of a camera displayed on its cover, as indicated in the example below:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Zones on travel documents (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/read-travel-documents.html" + }, + { + "id": "pdi-identity-10-3", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: How to read travel documents — Name structures and how to record them", + "marginal_note": "Name structures and how to record them", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "To understand the various name structures and how to record them in IRCC’s system of record, please see Identity management: Name structures and how to record them . This page provides guidance on various naming conventions that are found on foreign travel documents, including but not limited to\nsingle name fields\ntransliterations\npatronymics and matronymics\nnames with titles or prefixes\nnames where relationships are indicated", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Name structures and how to record them", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/read-travel-documents.html" + }, + { + "id": "pdi-identity-11-0", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Name structures and how to record them in the Global Case M", + "marginal_note": "Identity management: Name structures and how to record them in the Global Case Management System (GCMS)", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nAccuracy is a key consideration in name identification as it can have a significant impact on a client’s ease of travel, access to Canada, and access to Canadian services. It enhances program integrity and improves operational efficiency.\nThis section provides direction on various naming structures that can appear on foreign travel documents and how to record them in IRCC’s system of record.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Identity management: Name structures and how to record them in the Global Case Management System (GCMS)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/names-structures-record-them-gcms.html" + }, + { + "id": "pdi-identity-11-1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Name structures and how to record them — On this page", + "marginal_note": "On this page", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Name structures\nOrder of names\nSingle name field\nPunctuation characters\nTruncated names\nObservations\nNaming conventions on foreign travel documents\nUncommon name fields in the visual inspection zone (VIZ)\nPatronymics and matronymics in names\nTitles, prefixes, degrees or decorations\nSpousal relationship indicated in a name\nFilial relationship indicated in a name\nNames containing “ aka ” or “ alias ” in the machine readable zone (MRZ)\nTransliterations\nConsiderations when recording the name in the Global Case Management System (GCMS)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/names-structures-record-them-gcms.html" + }, + { + "id": "pdi-identity-11-2-p1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Name structures and how to record them — Name structures", + "marginal_note": "Name structures", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Order of names\nSingle name field\nPunctuation characters\nTruncated names in the MRZ\nWhen “Observations” override the MRZ\nOrder of names\nThe name of the holder is generally represented on the travel document in two parts: the primary identifier and the secondary identifier. IRCC recognizes the family name as the primary identifier and the given name(s) as the secondary identifier. If a client has multiple (compound) given names or family names, they should not be arbitrarily broken down into various name fields in IRCC’s system of record. If it is unclear how the client’s name is broken into the primary and secondary identifiers, reviewing the document’s machine readable zone (MRZ) will indicate how the issuing authority has established the name.\nIf the MRZ and visual inspection zone (VIZ) provide similar precisions but are inconsistent in the order of the names , the MRZ will be relied upon to determine the order of the name in IRCC’s system of record and on documents issued by IRCC. The variations in the order of names will be recorded as an aka (alias) or other name in IRCC’s system of record.\nNote: If an applicant requests the order of names to appear as per the VIZ rather than the MRZ, they must provide additional supporting documents, such as other government-issued documents, that clearly demonstrate the order of names under which the applicant is known.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Name structures (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/names-structures-record-them-gcms.html" + }, + { + "id": "pdi-identity-11-2-p2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Name structures and how to record them — Name structures", + "marginal_note": "Name structures", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "For example, the name field of the VIZ indicates the name as Marie Elizabeth Smith and the MRZ displays the name as: ERIMarie<<Elizabeth<Smith. Marie is listed in the portion of the MRZ where the family name is to be displayed. Elizabeth and Smith are shown as the given name(s). However, the applicant provides other government-issued documents that show Smith as the family name and Marie and Elizabeth as given names.\nIn a situation such as this one, knowledge of local naming customs should be taken into consideration, and if there would be no impediment to the person’s travel to Canada, the primary name recorded for IRCC purposes and that will appear on IRCC-issued documents will show the family name as indicated on the other government-issued document. The order of names as per the MRZ will be entered into IRCC’s system of record as an aka (alias) or other name type.\nSingle name field\nIf a single name field is used for the name on the travel document’s VIZ, the secondary identifier should be separated from the primary identifier by a single comma (,). A comma is not needed if multiple fields are used to separate the identifiers.\nWhere the full name of the holder is recorded without distinction between family name and given name, the MRZ should be consulted to determine how the full name breaks down into given name(s) and family name(s).\nFor example, the MRZ on the document below shows Al-kaabi as the family name since it appears first and is separated from the other names by the double chevrons (<<). Therefore, Al-kaabi would be recorded in the family name field, and the other names in the MRZ would be recorded as the given names in IRCC’s system of record.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Name structures (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/names-structures-record-them-gcms.html" + }, + { + "id": "pdi-identity-11-2-p3", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Name structures and how to record them — Name structures", + "marginal_note": "Name structures", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Where it is determined that the individual’s name cannot be divided into two parts, the name as it appears on the document will be defined as the primary identifier and will be recorded in the family name field in IRCC’s system of record. This is consistent with the International Civil Aviation Organization (ICAO)’s guidelines and will facilitate future name searches.\nFor instance, if a client’s travel document displays the name George in the given name field and the family name field is blank, George becomes the primary identifier and will be recorded in the family name field. The given name field will be left blank in IRCC’s system of record.\nPunctuation characters\nPunctuation characters are not allowed in the MRZ. Where these appear as part of a name, they should be treated as follows:\nHyphens\nA hyphen in a name shall be recorded by the officer as the primary name when it is reproduced in the VIZ, even though it is shown in the MRZ with a chevron (<), which equates to a space. The name as it appears in the MRZ will be recorded as an aka (alias) or other name type.\nAs per the document sample below, the primary name would be recorded as Lin in the family name field and Mei-hua with the hyphen in the given name field. The aka (alias) or other name type would be recorded as Lin in the family name field and Mei Hua in the given name field.\nApostrophes\nAn apostrophe in a name shall be recorded by the officer as the primary name when it appears in the VIZ, even though it is omitted in the MRZ and there is no space between the parts of the name that are separated by an apostrophe in the VIZ. The name as it appears in the MRZ will be recorded as an aka (alias) or other name type.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Name structures (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/names-structures-record-them-gcms.html" + }, + { + "id": "pdi-identity-11-2-p4", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Name structures and how to record them — Name structures", + "marginal_note": "Name structures", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "For example, if a client’s family name appears as O’neill with the first name Robert in the VIZ, but is represented as Oneill << Robert in the MRZ, the family name will be recorded as O’neill with the given name Robert as the primary name in IRCC’s system of record. The family name Oneill with the given name Robert will be recorded as an aka (alias) or other name type.\nTruncated names in the MRZ\nIf a client’s name is truncated in the MRZ due to lack of space, but the full name appears in the VIZ and MRC (if available), the full name on the VIZ will be recorded as the primary name in IRCC’s system of record and on IRCC-issued documents. The truncated name will be recorded as an aka (alias) or other name in IRCC’s system of record.\nWhen “Observations” override the MRZ\nSome passports or travel documents will contain an official amendment in the “Observations” section of the travel document (for example, a married name). In such cases, the amendment in the “Observations” will be relied upon to establish the primary name in IRCC’s system of record. The name in the MRZ of the passport must be recorded as an aka (alias) or other name in IRCC’s system of record.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Name structures (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/names-structures-record-them-gcms.html" + }, + { + "id": "pdi-identity-11-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Name structures and how to record them — Naming conventions on travel documents", + "marginal_note": "Naming conventions on travel documents", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Uncommon name fields in the VIZ\nPatronymics and matronymics in names\nTitles, prefixes, degrees or decorations\nSpousal relationship indicated in a name\nFilial relationship indicated in a name\nNames containing “ aka ” or “ alias ” in the MRZ\nUncommon name fields in the VIZ\nIn some instances, travel documents may include a field in the VIZ such as postname or community name. In such cases, the MRZ is to be used to provide information as to whether that name will be recorded as the primary name in IRCC’s system of record. If the name in an uncommon name field is not indicated in the MRZ, the name will be recorded as an aka (alias) or other name type in IRCC’s system of record.\nUsing the document below as an example, the name Lin would be recorded as the family name as per the MRZ, and the name Chien-sheng would be recorded as the given name(s), with a hyphen as indicated in the VIZ portion of the passport. The name \" Peterson Lin ” would be recorded as an aka (alias) or other name type in IRCC’s system of record.\nNote: If an applicant requests that the uncommon name in the VIZ be recorded as part of their primary name record in GCMS, they must provide additional supporting documents, such as other government-issued documents, that clearly demonstrate that the uncommon name is part of their legal name.\nPatronymics and matronymics in names\nA patronymic is a component of a name based on the given name from one’s father, grandfather or an earlier male ancestor. A component of a name based on the given name of one’s mother or a female ancestor is a matronymic.\nThere are various ways to indicate patronymics and matronymics. For example, a patronymic in Russia is derived from the father’s personal name and applies equally to children of both genders, but with different endings:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Naming conventions on travel documents (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/names-structures-record-them-gcms.html" + }, + { + "id": "pdi-identity-11-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Name structures and how to record them — Naming conventions on travel documents", + "marginal_note": "Naming conventions on travel documents", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "A Russian man whose father’s given name is Ivan may be Mikhail Ivanovich Karlov (given name + patronymic + family name).\nA Russian woman whose father’s given name is Ivan may be Anastassia Ivanovna Karlova (given name + patronymic + family name).\nPatronymics and matronymics will be recorded in IRCC’s system of record if they are identified as part of the name in the MRZ of the travel document. For instance, if a patronymic is found in the family name portion of the MRZ, it must be recorded in the family name field in IRCC’s system of record.\nIf no MRZ is present, patronymics and matronymics will be identified as part of the name only if they are found in Roman alphabet on the document used to identify the name. Patronymics and matronymics shall not be identified in the primary name if they do not appear on the primary document used to identify the name. They must, however, be recorded as an aka (alias) or other name type in IRCC’s system of record.\nTitles, prefixes, degrees or decorations\nTitles, prefixes, suffixes, professional and academic qualifications, decorations, honours, awards, and hereditary status should not be identified as part of the name, unless they are included in a document’s MRZ, which means that the issuing state considers it to be an integral part of the name.\nIn the example below, the VIZ includes the title “ mr .” in the given name field, but it does not appear in the MRZ. Therefore, “ mr .” should not be recorded in IRCC’s system of record.\nSpousal relationship indicated in a name", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Naming conventions on travel documents (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/names-structures-record-them-gcms.html" + }, + { + "id": "pdi-identity-11-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Name structures and how to record them — Naming conventions on travel documents", + "marginal_note": "Naming conventions on travel documents", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Where an issuing state has included a spousal relationship in the MRZ or VIZ of a document, the officer will omit this as part of the primary name. The other name will be recorded as name type aka (alias) or other name in IRCC’s system of record. Spousal relationships are usually indicated as the following:\n“ épouse de ”\n“ epse ”\n“ ep. ”\n“spouse of”\n“wife of”\n“husband of”\nFor example, if the client’s passport indicates Nour ep. paul sajan in the family name field, the family name will be recorded as Nour . The version of the name that includes the spouse’s name will be recorded as name type aka (alias) or other in IRCC’s system of record.\nFilial relationship indicated in a name\nWhere an issuing state has included “son of” or “daughter of” and the parent’s name in the MRZ or VIZ of a document, the officer will omit this as part of the primary name. The name that includes “son of” or “daughter of” will be recorded as name type aka (alias) or other in IRCC’s system of record.\nNote: Prior to April 29, 2021, IRCC treated “ Bin ” or “ Bint ” as a filial relationship and officers omitted this as part of the primary name in IRCC’s system of record. However, the naming policy has since been revised and if “ Bin or “ Bint ” appears on the MRZ of the client’s travel document, it must be included as part of the primary name in IRCC’s system of record. If an officer receives an application from an existing client where “ Bin ” or “ Bint ” was previously omitted them their GCMS record, the client should be contacted to confirm whether or not they would like to amend their primary name record accordingly. Officers should record the client’s decision in GCMS Notes.\nNames containing “ aka ” or “ alias ” in the MRZ", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Naming conventions on travel documents (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/names-structures-record-them-gcms.html" + }, + { + "id": "pdi-identity-11-3-p4", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Name structures and how to record them — Naming conventions on travel documents", + "marginal_note": "Naming conventions on travel documents", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "In some instances, issuing states will include an “ aka ” or “ alias ” name on a document. If the alias name only appears in the VIZ, the officer should record the primary name as per the MRZ, and the alias name will be recorded as name type aka (alias) or other in IRCC’s system of record.\nIf the alias name also appears in the MRZ and the client does not specify which name is preferred on their application, the first variation that appears on the MRZ should be recorded as the primary name and all other name combinations should be included as name type aka (alias) or other in IRCC’s system of record.\nFor example, the MRZ of an Indian passport indicates the following as a single name: indnour << Manpreet < alias < Chanpreet . The client completed the name section of the application form by transcribing exactly what appears on their passport. Therefore, the first name will be recorded as the primary name and all other combinations will be recorded in GCMS as name type aka (alias) or other:\nPrimary name: Nour , Manpreet\naka (Alias) or Other: Nour , Manpreet alias Chanpreet\naka (Alias) or Other: Nour , Chanpreet", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Naming conventions on travel documents (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/names-structures-record-them-gcms.html" + }, + { + "id": "pdi-identity-11-4-p1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Name structures and how to record them — Transliterations", + "marginal_note": "Transliterations", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Issuing states are responsible for the transliteration of identifiers on their travel documents into the Roman alphabet. The spelling on the document in the Roman alphabet, with the exception of French accents, is primarily used to establish the name record in IRCC’s system of record and will be printed on IRCC-issued documents. This includes cases for which no transliteration standards exist within a state.\nFrench accent exceptions\nIf a document used to identify a name contains a name with French accents in the VIZ, the same spelling can be used when establishing a name record in IRCC’s system of record. GCMS accepts the following French accents:  - À - É - Ê - Ë - È - Ï - Î - Ô - Ü - Ù - Û - Ç.\nCharacters of a foreign alphabet\nIf a document used to identify a name contains a name or part of a name in a foreign alphabet, the MRZ will take precedence over the VIZ to determine the name and its spelling.\nFor example, the VIZ of a Swedish passport could present the name as “ Pöllä ” while the transliteration in the MRZ indicates “ Poellae ”. In such a case, the spelling of the name as it appears on the MRZ is to take precedence over any other spelling.\nTransliteration variations in the MRZ\nIn some cases, a travel document issued in another language may include multiple transliteration variations in both the VIZ and the MRZ. If the client does not specify which spelling variation is preferred on their application form and has no supporting documents to indicate preference, the first spelling variation in the MRZ will take precedence. All other name combinations will be recorded as an aka (alias) or other name in IRCC’s system of record.\nFor example:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Transliterations (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/names-structures-record-them-gcms.html" + }, + { + "id": "pdi-identity-11-4-p2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Name structures and how to record them — Transliterations", + "marginal_note": "Transliterations", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "The MRZ of a Greek passport indicates the family name as “ Souti or Shuti ” and the given name as “ Maria or Mary ”. The client completed the name section of the application form by transcribing exactly what appears on their passport. Therefore, the first spelling variation will be the primary name and all other combinations will be recorded in GCMS as name type aka (alias) or other:\nPrimary name: Souti , Maria\naka (Alias) or Other: Souti or Shuti , Maria or Mary  \naka (Alias) or Other: Shuti , Maria\naka (Alias) or Other: Shuti , Mary\naka (Alias) or Other: Souti , Mary\nNon-transliterated names or portions of names\nIn cases where the acceptable document contains both a name transliterated into the Roman alphabet and a name in the original language, the transliterated name will be the name used for official purposes. This also applies to cases where the name in Roman alphabet is not as complete as the name in the original language. ICAO transliteration guidelines, which may be found in Appendix 9 of ICAO Document 9303 at www.icao.int , should be used as reference tool.\nIf the document contains no transliterations into the Roman alphabet, the applicant must provide an official translation .\nAny request for a variation in transliteration that cannot be supported with additional government-issued documents should be treated as a change of name request .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Transliterations (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/names-structures-record-them-gcms.html" + }, + { + "id": "pdi-identity-11-5", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Name structures and how to record them — Considerations when recording the name in GCMS", + "marginal_note": "Considerations when recording the name in GCMS", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Character limitations and truncation in GCMS\nWhen a client’s name is recorded in GCMS, there are 50 characters each for the family name(s) and given name(s). Therefore, the client’s full name, as it appears on the documentation used to identify the name will be recorded in GCMS in the exact order found on the document.\nAny names omitted due to space constraints will be recorded as an aka (alias) or other name and an explanation note must be inserted into the client’s file.\nPromoting names from FOSS to GCMS\nWhen promoting a client from the Field Operations Support System (FOSS) to GCMS, ensure that the client’s name is correct and that the name that appears in GCMS is accurate and not truncated. If there are any errors, the officer should correct them immediately. The name that appears in GCMS should be the same as the one on the primary document.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Considerations when recording the name in GCMS", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/names-structures-record-them-gcms.html" + }, + { + "id": "pdi-identity-12-0", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Naming procedures: Managing existing records – Change of name request", + "marginal_note": "Naming procedures: Managing existing records – Change of name request", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nImmigration, Refugees and Citizenship Canada (IRCC) has specific naming procedures for change of name requests. Should a client have an existing IRCC record under a different name or name spelling, the name on the primary document submitted with the most recent IRCC application may take precedence over the previous name, subject to the procedures and document requirements outlined in this page.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Naming procedures: Managing existing records – Change of name request", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/managing-existing-records-change-name-request.html" + }, + { + "id": "pdi-identity-12-1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Naming procedures: Managing existing records – Change of nam — On this page", + "marginal_note": "On this page", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "General requirements\nTypes of name changes\nChange of name due to clerical/administrative error\nChange of name for reasons other than clerical/administrative error\nRecording of information regarding change of name request in IRCC systems", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/managing-existing-records-change-name-request.html" + }, + { + "id": "pdi-identity-12-2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Naming procedures: Managing existing records – Change of nam — General", + "marginal_note": "General", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "The officer processing the request may only change a client’s name based on documentary evidence, as outlined below. Additional documents may be requested to support the evidence presented.\nA new client record should not be created in the system of record; however, a new name record under the existing client record must be created and marked as the primary name. Do not delete the previous name record. It must be recorded as the former name, AKA (alias) or other name in IRCC’s system of record.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: General", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/managing-existing-records-change-name-request.html" + }, + { + "id": "pdi-identity-12-3", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Naming procedures: Managing existing records – Change of nam — Supporting documents for requests for change of name", + "marginal_note": "Supporting documents for requests for change of name", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Supporting documents are issued based on a primary document that is normally issued by the provincial or territorial body responsible for vital statistics, or by IRCC. A supporting document may show a person’s use of a name, which is not always the same as the name shown on the primary document. Therefore, supporting documents alone shall not be used as evidence of a change of name.\nSee: List of Supporting Documents issued by Provinces and Territories of Canada.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Supporting documents for requests for change of name", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/managing-existing-records-change-name-request.html" + }, + { + "id": "pdi-identity-12-4", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Naming procedures: Managing existing records – Change of nam — Types of name changes", + "marginal_note": "Types of name changes", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "There are two types of name changes:\nCorrections to clerical/administrative errors\nClient-requested name change for reasons other than clerical/administrative error.\nNote: Historical records, such as an immigration record of landing, IMM 1000 or Confirmation of Permanent Residence document will not be amended unless a clerical or administrative error was made by IRCC. In such instances, please follow the instructions in Change of name due to clerical/administrative error.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Types of name changes", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/managing-existing-records-change-name-request.html" + }, + { + "id": "pdi-identity-12-5", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Naming procedures: Managing existing records – Change of nam — Change of name due to clerical/administrative error", + "marginal_note": "Change of name due to clerical/administrative error", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "If an IRCC officer discovers a clerical/administrative error made by IRCC\nAs per subsection 6(2) of the Privacy Act, if a IRCC officer discovers a clerical/administrative error made by IRCC, they must make a change to match the name printed on the primary document without a request from the client. In the event that the error is detected after document issuance, the client’s record will be amended indicating the correct spelling that will be printed on a replacement document. The original document number will be cancelled and the replacement document will be sent to the client (free of charge). A note will be recorded in IRCC’s system of record and the client will be notified of the action, in line with the Privacy Act. The correct name will be recorded as the primary name and the erroneous name will be marked as entered in error, in IRCC’s system of record.\nIf a client submits an official request to Amend Immigration Record of Landing (IMM 1000) or Confirmation of Permanent Residence (IMM 5292 or IMM 5688), and it is determined that IRCC made a clerical/administrative error\nIf a client submits an official request to Amend Immigration Record of Landing (IMM 1000) or Confirmation of Permanent Residence (IMM 5292 or IMM 5688), and it is determined that IRCC made a clerical/administrative error, the name record will be amended indicating the correct spelling that will be printed on the replacement document. A note will be recorded in IRCC’s system of record. The correct name will be recorded as the primary name and the erroneous name will be marked as entered in error, in IRCC’s system of record.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Change of name due to clerical/administrative error", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/managing-existing-records-change-name-request.html" + }, + { + "id": "pdi-identity-12-6-p1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Naming procedures: Managing existing records – Change of nam — Change of name for reasons other than clerical/administrativ", + "marginal_note": "Change of name for reasons other than clerical/administrative error", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Change of name inside Canada\nPermanent residents, temporary residents and Canadian citizens\nIRCC relies on a legal or administrative decision made by the appropriate provincial and territorial authority as evidence of a change of name. Therefore, the following linking documents issued by a Canadian province or territory will be accepted for a change of name on a client’s permanent resident card, temporary resident document (visitor’s permit, work permit, or study permit) or Certificate of Canadian citizenship:\nlegal change of name document (see Amended birth certificate below);\ncourt order specifying name change;\nadoption order (see Amended birth certificate below);\nmarriage certificate, in accordance with Canadian provincial/territorial legislation (Some provinces/territories permit individuals to change their family name upon marriage, without applying for and receiving a legal change of name. Please refer to the appropriate provincial/territorial law for guidance.);\ndivorce decree (In the case of divorced persons, some provinces/territories require individuals to apply for and receive approval to return to the surname they had prior to the marriage. Please refer to the appropriate provincial/territorial law for guidance.);\nregistration or declaration of union issued by civil authorities;\nrevocation of declaration or annulment of union issued by civil authorities, and/or;", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Change of name for reasons other than clerical/administrative error (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/managing-existing-records-change-name-request.html" + }, + { + "id": "pdi-identity-12-6-p2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Naming procedures: Managing existing records – Change of nam — Change of name for reasons other than clerical/administrativ", + "marginal_note": "Change of name for reasons other than clerical/administrative error", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Registration of common-law relationship in any province that permits a change of name for common law relationships under their provincial/territorial law. (Common-law partners in some provinces/territories provinces (for example Alberta and Manitoba) can assume their partners' surname or combine it with their own, in the same way that people can when they marry. A formal name change application is not required, but common-law partners wishing to do this must file a declaration with the Vital Statistics Agency. Please refer to the appropriate provincial/territorial law for guidance.)\nNote: Documents d) to h) permit the person to change their surname only.\nAmended birth certificate\nNote that an amended birth certificate can be submitted as a supporting document in addition to the legal change of name document. An amended birth certificate alone does not show the link between the old name and the new name, thus cannot qualify as a linking document. In the event that the old and the new name are noted on the amended birth certificate, it can be used as a standalone linking document.\nIn some instances, adoption orders only show the link between the parent and the child and do not specify the new name of the child. Some provinces issue an amended birth certificate displaying the new name of the adopted child; therefore, the amended birth certificate will be used to establish child’s name in IRCC records.\nSupporting and additional documents\nIn addition to the linking documents, the client must still provide any provincial documents requested as part of the application instruction guide to establish the person’s identity, not only the name. On occasion, additional documentation may be requested.\nAssumed names", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Change of name for reasons other than clerical/administrative error (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/managing-existing-records-change-name-request.html" + }, + { + "id": "pdi-identity-12-6-p3", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Naming procedures: Managing existing records – Change of nam — Change of name for reasons other than clerical/administrativ", + "marginal_note": "Change of name for reasons other than clerical/administrative error", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "IRCC will no longer issue documents with assumed names that appear on provincial documents without an authoritative document issued by the province or territory, such as the ones mentioned above. For example, if a province/territory has issued a health card, student card or driver’s licence to a minor with their step-father’s family name and there has been no adoption or legal change of name, IRCC will not issue a document to that person in the assumed name. The assumed name must be recorded as an alias in IRCC’s system.\nNote: A woman residing in Quebec may not use her husband’s last name in Quebec if she was married after April 2, 1981. Please note that only Canadian citizens may apply for a legal change when residing in Quebec. In light of this, PRs residing in Quebec are unable to comply with the requirements to change their name set out in the Naming Procedures.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Change of name for reasons other than clerical/administrative error (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/managing-existing-records-change-name-request.html" + }, + { + "id": "pdi-identity-12-7-p1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Naming procedures: Managing existing records – Change of nam — Change of name outside Canada", + "marginal_note": "Change of name outside Canada", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "In some instances, permanent residents, foreign nationals or Canadian citizens might go through a process of name change abroad. In situations like that, please follow procedures below based on person’s status in Canada:\nCanadian citizens\nCanadians obtain a legal name change outside of Canada, residing in Canada\nIn instances where Canadian citizens have changed their name abroad and are residing in Canada, IRCC will rely on a document that links the previous name to the new name, such as a foreign marriage certificate (with official translation) or a legal change of name document issued by a province or territory of Canada, and a document issued by a province or territory of Canada that displays the new name, such as:\na driver’s licence;\na health card;\nan age of majority card;\na senior citizen’s identification card; or\na social services card\nCanadians obtain a legal name change outside of Canada, residing outside of Canada\nIn instances where Canadian citizens have changed their name abroad and are residing abroad, IRCC will rely on a document that links the previous name to the new name, such as a foreign marriage certificate (with official translation) or other foreign legal change of name document, and an authoritative national or state/province (or equivalent) issued photo identification document issued in the country or state/province in which the client resides that displays the new name , such as:\na foreign passport or other travel documents, if the client is a dual citizen;\na state/provincial (or equivalent) ID card\nCanadian citizenship proof applicants obtain a legal name change outside of Canada, residing outside of Canada", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Change of name outside Canada (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/managing-existing-records-change-name-request.html" + }, + { + "id": "pdi-identity-12-7-p2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Naming procedures: Managing existing records – Change of nam — Change of name outside Canada", + "marginal_note": "Change of name outside Canada", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "In instances where Canadian citizenship proof applicants have changed their name abroad and are residing abroad, IRCC will rely on a document that links the name assigned at birth to the new name, such as a foreign marriage certificate (with official translation) or other foreign legal change of name document, and an authoritative national or state/province (or equivalent) issued photo identification document issued in the country or state/province in which the client resides that displays the new name , such as:\na foreign passport or other travel documents, if the client is a dual citizen;\na state/provincial (or equivalent) ID card\nPermanent Residents and Foreign Nationals\nIRCC will not recognize changes of name by permanent residents or foreign nationals that occur abroad, unless the client's foreign passport or other national authoritative documentation is amended to reflect that name. The client must provide a linking document used as evidence of a change of name that will be copied or scanned and kept in the client’s file, to create an audit trail.\nPlease refer to How to read travel documents (MRZ, MRC, VIZ) on how to use the Machine Readable Zone (MRZ), the Machine Readable Chip (MRC), and the Visual Inspection Zone (VIZ) of a passport or travel document to determine the name that will be recorded in IRCC’s system of record.\nPermanent Resident and Foreign National obtain a legal name change outside of Canada, residing in Canada\nIn the instance where permanent resident or foreign national changed their name abroad, yet resides in Canada after obtaining legal name change abroad, IRCC will require:\nclient's foreign passport or other national authoritative documentation amended to reflect the new name,", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Change of name outside Canada (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/managing-existing-records-change-name-request.html" + }, + { + "id": "pdi-identity-12-7-p3", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Naming procedures: Managing existing records – Change of nam — Change of name outside Canada", + "marginal_note": "Change of name outside Canada", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "linking document issued outside of Canada that links the previous name to the new name (with official translation), and\nprovincial documentation in the new name to establish identity, as part of the application instruction guide to establish the person’s identity, not only the name.\nThis is not intended to change any of the other requirements or information IRCC collects for the application.\nNote: Names where spousal relationship is indicated section applies to changes of name due to marriage.\nPermanent Resident and Foreign National obtain a legal name change outside of Canada, residing outside of Canada\nIn instances where Permanent Resident and Foreign National change their name abroad and continues to reside outside of Canada after obtaining legal name change abroad, IRCC will require:\nclient's foreign passport or other national authoritative documentation amended to reflect the new name,\nlinking document issued outside of Canada that links the previous name to the new name such as a foreign marriage certificate (with official translation) or other foreign legal change of name document, and\nan authoritative state/province (or equivalent)-issued photo identification document issued by the country in which the client resides that displays the new name, as:\na foreign passport or other travel documents, if the client is a dual citizen (with official translation);\na state/province (or equivalent) ID card (with official translation).\nNote: Names where spousal relationship is indicated section applies to changes of name due to marriage.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Change of name outside Canada (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/managing-existing-records-change-name-request.html" + }, + { + "id": "pdi-identity-12-8", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Naming procedures: Managing existing records – Change of nam — Recording of information regarding change of name request in", + "marginal_note": "Recording of information regarding change of name request in IRCC’s systems", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "In all cases, a note must be recorded to the client’s name record in IRCC’s system of record, and the client must be notified of the decision to amend, grant, or deny the change.\nIf request for change of name is approved\nIf a change of name is approved, the new name as indicated on the legal change of name document will be recorded as the primary name in IRCC’s system of record and will be the name that appears on any new document(s) issued by IRCC. Once a new name is recorded as the primary name, ensure that the previous primary name is indicated as the former name in GCMS.\nIf request for change of name is denied\nIf a change of name request is denied, the name requested by the applicant must be recorded as name type “AKA” (alias) or “other” in GCMS.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Recording of information regarding change of name request in IRCC’s systems", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/managing-existing-records-change-name-request.html" + }, + { + "id": "pdi-identity-13-0", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Duplicate records or 2 clients associated with the same uni", + "marginal_note": "Identity management: Duplicate records or 2 clients associated with the same unique client identifier (UCI)", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Identity management: Duplicate records or 2 clients associated with the same unique client identifier (UCI)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/managing-existing-records-duplicate-records.html" + }, + { + "id": "pdi-identity-13-1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Duplicate records or 2 clients associat — Duplicate records", + "marginal_note": "Duplicate records", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "There are some situations, such as administrative errors, where multiple records are associated with 1 client. All records associated with the same client must be householded (in the Global Case Management System (GCMS)). Requests for this action must be sent to the Operations Support Centre (OSC). Officers must not create the new application or promote a client from the Field Operations Support System (FOSS) (where duplicate IDs exist) into GCMS until the multiple records have been merged by OSC.\nWith the householding of multiple records, any name spelling variations should be recorded as an AKA (alias) or other name. The following information should be indicated in IRCC’s system of record:\nThe reason for the multiple records\nThe information that leads to the householding", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Duplicate records", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/managing-existing-records-duplicate-records.html" + }, + { + "id": "pdi-identity-13-2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: Duplicate records or 2 clients associat — 2 clients associated with the same unique client identifier ", + "marginal_note": "2 clients associated with the same unique client identifier (UCI)", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "There are some rare instances where 2 (or more) clients are inadvertently recorded under the same unique client identifier (UCI), although it is clear from other information in IRCC’s system of record that the information of different people is contained in the same record (for example, passport information, marital status, previous entries to Canada).\nIf an officer encounters 2 different clients who are associated with the same UCI, the officer should send the information to the OSC and indicate “unmerge” in the subject line to have the record reviewed. OSC will make any necessary modifications, including the creation of separate client records if a new UCI is required.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: 2 clients associated with the same unique client identifier (UCI)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/managing-existing-records-duplicate-records.html" + }, + { + "id": "pdi-identity-14-0", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Identity management: List of supporting documents issued by provinces and territ", + "marginal_note": "Identity management: List of supporting documents issued by provinces and territories of Canada", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nTypes of supporting documents issued by provinces and territories of Canada include\na driver’s licence\nan age of majority card\na health card\na senior citizen’s identification card\nan enumeration record\na social services card\na vehicle ownership or registration\nThere may be other types of supporting documents issues by Canadian provinces and territories that are not listed here. If officers require additional information regarding documents issued by Canadian jurisdictions, they should refer to the appropriate provincial or territorial government website.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Identity management: List of supporting documents issued by provinces and territories of Canada", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/list-supporting-documents-issued-provinces-territories-canada.html" + }, + { + "id": "pdi-identity-15-0", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Date of birth procedures", + "marginal_note": "Date of birth procedures", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nImmigration, Refugees and Citizenship Canada (IRCC) has specific procedures for identifying and recording a client’s known date of birth as accurately as possible. Should a client have an existing IRCC record under a different birth date, the date of birth on the primary document submitted with the most recent IRCC application may take precedence over the previous date, subject to the procedures and document requirements outlined in this page.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Date of birth procedures", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/procedures.html" + }, + { + "id": "pdi-identity-15-2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Date of birth procedures — Conflicting date of birth records", + "marginal_note": "Conflicting date of birth records", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "In cases where the applicant presents documents with conflicting dates of birth, the officer should record the date of birth that appears on the client’s primary document. See Documents used to establish date of birth .\nIn cases where the client’s personal documents have conflicting dates of birth, the officer should use oral evidence to identify the cause of the discrepancy and identify the applicant’s primary date of birth. Once the primary date of birth has been identified, the reason for the chosen date should be well-documented in the Global Case Management System (GCMS). All applicable physical and electronic files should be updated accordingly. All dates of birth that appear on the applicant’s other documents must be recorded as date of birth type AKA (alias) or “other” in GCMS.\nLearn more:\nRequests to correct a date of birth", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Conflicting date of birth records", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/procedures.html" + }, + { + "id": "pdi-identity-15-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Date of birth procedures — Accepting oral evidence", + "marginal_note": "Accepting oral evidence", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "In cases where the client has no documentary evidence showing their date of birth, or if the client’s personal documents have conflicting dates of birth, the officer should use oral evidence, during the interview process, to identify a complete or incomplete date of birth.\nBefore accepting oral evidence, the applicant must demonstrate one of the following:\nan effort was made to obtain documentary evidence of their identity\nit must be apparent to IRCC that there is a lack of infrastructure in the applicant’s country of birth to obtain documentary evidence of their identity\nthe applicant is unable to return to their country of origin on grounds listed in the Refugee Convention and they would be unable to obtain documentary evidence of identity, or consistent documentary evidence of identity\nAt the interview\nIf the client knows their birth date , but has no documentation showing the correct date, the officer should ask the client how they established the date. The officer should document in GCMS whether the selected date of birth is semi-plausible or was picked at random by the client.\nIn cases where the officer is assured that the client knows their real date of birth, the officer should write that date on the application.\nIn cases where the client chose the date of birth at random, the officer should use asterisks (****/**/**) to fill in unknown date of birth values on the application and in the IRCC system of record. If a complete or incomplete date of birth is not available, an arbitrary birth date should not be created and recorded in the IRCC system of record.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Accepting oral evidence (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/procedures.html" + }, + { + "id": "pdi-identity-15-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Date of birth procedures — Accepting oral evidence", + "marginal_note": "Accepting oral evidence", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "If the client does not know their birth date , the officer should ask the applicant to estimate the year of birth based on major events that happened near the year of birth or who the head of government or religious leader was at the time, etc.\nAfter accepting oral evidence\nIn cases where oral evidence for the date of birth record is accepted, a statutory declaration must be signed by the client certifying the information provided is complete, truthful and correct, and it must be witnessed by the interviewing officer.\nOnce a complete or incomplete date of birth is identified, the reason for the chosen date should be well-documented in GCMS and all applicable applications should be updated accordingly.\nIf a complete or incomplete date of birth is not available, an arbitrary date should not be created and recorded in the IRCC system of record.\nLearn more:\nUnknown date of birth elements in VIZ.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Accepting oral evidence (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/procedures.html" + }, + { + "id": "pdi-identity-15-4", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Date of birth procedures — When ‘observations’ override the MRZ", + "marginal_note": "When ‘observations’ override the MRZ", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Some foreign passports or travel documents will contain an official amendment in the ‘Observations’ section of the document. In such cases, the amendment will be relied upon to establish the date of birth and the date of birth in the Machine Readable Zone of the passport must be recorded as the former date of birth in IRCC’s system of record.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: When ‘observations’ override the MRZ", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/procedures.html" + }, + { + "id": "pdi-identity-16-0", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Documents used to establish date of birth", + "marginal_note": "Documents used to establish date of birth", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThis page provides details regarding the use of identity documents for establishing and recording a client’s date of birth by line of business.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Documents used to establish date of birth", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/documents.html" + }, + { + "id": "pdi-identity-16-1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Documents used to establish date of birth — On this page", + "marginal_note": "On this page", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Quick summary: Order of priority table\nTemporary resident or permanent resident\nRefugee claimants\nProtected persons\nRefugee Assistance Program (RAP)\nGrants of citizenship\nCertificate of citizenship (proof of citizenship)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/documents.html" + }, + { + "id": "pdi-identity-16-2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Documents used to establish date of birth — Quick summary: Order of priority table", + "marginal_note": "Quick summary: Order of priority table", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "See the Order of priority table for a quick reference chart that indicates the order of priority of identity documents to be used when establishing and recording a client’s date of birth by line of business.\nNote: This table does not apply to requests for a correction of date of birth. See Managing existing records for more information on correcting dates of birth.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Quick summary: Order of priority table", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/documents.html" + }, + { + "id": "pdi-identity-16-3", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Documents used to establish date of birth — Temporary resident or permanent resident", + "marginal_note": "Temporary resident or permanent resident", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "The vast majority of Immigration, Refugees and Citizenship Canada (IRCC) applicants applying for temporary or permanent residence will have a foreign-issued passport. As an official document that shows the identity and nationality of a person for the purpose of facilitating international travel, the foreign passport is the primary document to be used to establish a date of birth record for IRCC purposes.\nSee Date of birth structures in travel documents (MRZ, MRC, VIZ) for how to determine dates of birth based on the:\nMachine-Readable Zone (MRZ)\nMachine Readable Chip (MRC)\nVisual Inspection Zone (VIZ)\nIn cases where an individual does not possess a passport, but has another travel document, the date of birth recorded on that travel document will be used to establish the date of birth for IRCC purposes.\nNote: Some foreign passports or travel documents will contain an official amendment in the Observations section of the travel document (for example, a correction or change of the date of birth). In such cases, the amendment should be relied upon to establish the date of birth and the date of birth in the MRZ of the foreign passport must be recorded as the former date of birth in IRCC’s system of record. To determine the date of birth that will be recorded in IRCC systems of record for the MRZ, see Date of birth structures in travel documents (MRZ, MRC, VIZ) .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Temporary resident or permanent resident", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/documents.html" + }, + { + "id": "pdi-identity-16-4", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Documents used to establish date of birth — Refugee claimants", + "marginal_note": "Refugee claimants", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "If the applicant holds a passport or travel document issued by their country of nationality, refer to the procedures in date of birth structures in travel documentss.\nIf no passport or travel document issued by country of nationality\nIf the applicant holds no passport or travel document issued by their country of nationality, use the date of birth listed on other documents (or photocopies thereof) that they have provided, cross-referencing with the date of birth the person has listed on their application forms.\nLearn more:\nConflicting date of birth records\nAccepting oral evidence\nFor refugee selection overseas, if the applicant holds no passport, or any other travel and non-travel documents, the date of birth will be recorded as written on the referral document from a recognized international referral body or a group that has signed an agreement with an IRCC minister.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Refugee claimants", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/documents.html" + }, + { + "id": "pdi-identity-16-5-p1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Documents used to establish date of birth — Protected persons", + "marginal_note": "Protected persons", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "If the applicant holds a passport or travel document issued by their country of nationality, refer to the procedures in Date of birth structures in travel documents (MRZ, MRC, VIZ) .\nIf no passport or travel document issued by country of nationality\nIf a protected person does not hold and cannot obtain a passport or travel document issued by their country of nationality or if the applicant is stateless, any of the following documents may be accepted for the purpose of establishing identity, including the date of birth record in IRCC’s system of record:\nan identity or travel document issued by a country to non-national residents, refugees or stateless persons who are unable to obtain a passport or other travel document from their country of citizenship or nationality, or who have no country of citizenship or nationality\na travel document issued by the International Committee of the Red Cross in Geneva, Switzerland to enable and facilitate emigration\na passport or travel document issued by the Palestinian Authority\nan exit visa issued by the Government of the Union of Soviet Socialist Republics to its citizens who were compelled to relinquish their Soviet nationality in order to emigrate from that country\na passport issued by the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong\na passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China\na passport issued by the United Kingdom to a British subject\nIf the applicant is a protected person and does not possess any of the above documents, refer to Identity documents and statutory declarations for guidance on determining the date of birth that will be entered into IRCC’s system of record.\nIdentity documents and statutory declarations:", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Protected persons (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/documents.html" + }, + { + "id": "pdi-identity-16-5-p2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Documents used to establish date of birth — Protected persons", + "marginal_note": "Protected persons", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "As provided by section 178 of the Immigration and Refugee Protection Regulations (IRPR), protected persons who are applying for permanent residence and do not possess one of the documents listed in subsection 50(1) or refugee claimants: Referral document from a recognized international referral body or a group that has signed an agreement with an IRCC minister may submit one of the following documents, which will be used to establish the date of birth record:\nany identity document issued outside Canada before the person’s entry into Canada; or\nif there is a reasonable and objectively verifiable explanation related to circumstances in the applicant’s country of nationality or former habitual residence for the applicant’s inability to obtain any identity documents:\na statutory declaration attesting to the applicant’s identity made by a person who knows the applicant, a family member of the applicant, or the applicant’s father, mother, brother, sister, grandfather or grandmother prior to the applicant’s entry into Canada, or\na statutory declaration made by an official of an organization representing nationals of the applicant’s country of nationality or former habitual residence attesting to the applicant’s identity.\nIn accordance with subsection  178(2) of the IRPR , such alternative documentation shall be accepted if:\nin the case of an identity document, the document\nis genuine\nidentifies the applicant\nconstitutes credible evidence of the applicant’s identity\nin the case of a statutory declaration, the declaration\nis consistent with any information previously provided by the applicant to IRCC or the Immigration and Refugee Board\nconstitutes credible evidence of the applicant’s identity", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Protected persons (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/documents.html" + }, + { + "id": "pdi-identity-16-6", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Documents used to establish date of birth — Refugee Assistance Program (RAP)", + "marginal_note": "Refugee Assistance Program (RAP)", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "The date of birth established during the permanent resident process and recorded in IRCC’s system of record will be the date of birth associated with the RAP record.\nChildren born to RAP recipients after arrival in Canada\nIf a child is born in Canada to an individual receiving assistance under the RAP program during the period of assistance, the child’s date of birth will be added to the record, and the birth certificate issued by a Canadian province or territory will be used to establish the date of birth for the child.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Refugee Assistance Program (RAP)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/documents.html" + }, + { + "id": "pdi-identity-16-7-p1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Documents used to establish date of birth — Grants of citizenship", + "marginal_note": "Grants of citizenship", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Permanent residents: Immigration Record of Landing, Confirmation of Permanent Residence (COPR) or permanent resident card (PR card)\nFor persons applying for a grant of citizenship under subsection 5(1) (adult), paragraph 5(2) (minor) or section11 (resumption) of the Citizenship Act and who are permanent residents, the date of birth that was established during the immigration stream (on the record of landing, COPR or PR card), will be the date of birth used for the citizenship record.\nIf the applicant has had an approved correction of date of birth as per Correction of date of birth due to clerical/administrative error or a correction of date of birth as per Correction of date of birth for reasons other than clerical/administrative error made by IRCC , the applicant must provide appropriate documentation in order to correct their date of birth in IRCC systems. The date of birth to be used as the primary date of birth in IRCC’s record is the date of birth that is supported by the documentary evidence of the date of birth correction. The date of birth that was previously recorded as the primary one should be recorded as an AKA (alias) or “other”.\nNon-permanent residents\nBirth certificate issued by a Canadian province or territory", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Grants of citizenship (part 1 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/documents.html" + }, + { + "id": "pdi-identity-16-7-p2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Documents used to establish date of birth — Grants of citizenship", + "marginal_note": "Grants of citizenship", + "part": "PDI — Biometrics and identity management", "division": "", "heading": "", - "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThese instructions provide guidance for temporary and permanent resident applications on how to apply the October 19, 2017 Supreme Court of Canada (SCC) Tran decision to the Immigration and Refugee Protection Act (IRPA) subsection 36(1) determination of serious criminality and equivalency.\nFollowing the SCC decision in Tran v. Canada (Public Safety and Emergency Preparedness), 2017 SCC 50, new instructions are necessary for officers and the Minister’s delegate in the assessment of serious criminality inadmissibility under subsection A36(1). The SCC concluded that\na conditional sentence of imprisonment imposed pursuant to sections 742 to 742.7 of the Criminal Code does not constitute a “term of imprisonment” (that is, a jail or prison term) under paragraph A36(1)(a)\nthe phrase “maximum term of imprisonment” in paragraph A36(1)(a) refers to the maximum term of imprisonment available at the time of the commission of the offence and not the term of imprisonment available at the time of sentencing or the time admissibility is assessed", + "text": "In exceptional cases, an applicant born in Canada, who is not currently a permanent resident or Canadian citizen Footnote 1 , may request a discretionary grant of Canadian citizenship under subsection 5(4) of the Citizenship Act to alleviate special and unusual hardship or to reward services of an exceptional value to Canada. If they have not previously held a certificate of citizenship, the primary document for establishing the date of birth in IRCC’s system of record is a birth certificate issued by a Canadian province or territory.\nPrevious citizenship certificate\nIf a former Canadian, who once held a certificate of citizenship, is no longer a Canadian citizen and is not a permanent resident, and has applied for resumption of citizenship and to reacquire Canadian citizenship with a request for a discretionary grant under subsection 5(4) of the Citizenship Act to alleviate special and unusual hardship or to reward services of an exceptional value to Canada, the date of birth will be recorded as it was on the applicant’s previous citizenship certificate.\nFor procedures to correct the applicant’s date of birth with IRCC, refer to Types of date of birth .\nForeign passports or other travel documents\nFor persons seeking a grant of citizenship who were not born in Canada and are not permanent residents, the primary document used to establish the date of birth on the citizenship record is a foreign passport .\nIn cases where an individual does not possess a foreign passport, but has another travel document, the date of birth recorded on that travel document will be used to establish the date of birth on the citizenship record.", "history": "", "last_amended": "", "current_to": "", - "citation": "PDI Tran: Assessing inadmissibility due to serious criminality following Tran v. Canada", - "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/tran.html" + "citation": "PDI Biometrics-Identity: Grants of citizenship (part 2 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/documents.html" }, { - "id": "pdi-tran-0-2", + "id": "pdi-identity-16-7-p3", "doc_type": "memorandum", - "act_code": "PDI-TRAN", - "act_short": "PDI Tran", - "act_name": "PDI — Assessing inadmissibility for serious criminality following Tran v. Canada", - "section": "Assessing inadmissibility due to serious criminality followi — Where the ruling applies", - "marginal_note": "Where the ruling applies", - "part": "PDI — Assessing inadmissibility for serious criminality following Tran v. Canada", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Documents used to establish date of birth — Grants of citizenship", + "marginal_note": "Grants of citizenship", + "part": "PDI — Biometrics and identity management", "division": "", "heading": "", - "text": "IRCC’s policy position is to apply this decision to permanent residents and foreign nationals who are inadmissible on the ground of serious criminality for offences committed inside and outside of Canada under paragraphs A36(1)(a), (b) and (c). The policy decision does not apply to subsection A36(2) criminality or to cases where the maximum punishment in Canada has become more lenient.\nSee the Safe Streets and Communities Act for further examples of offences whose maximum punishment have increased.", + "text": "In cases where an applicant who is a minor born in the United States Footnote 2 and does not possess a foreign passport or another travel document, the date of birth recorded on the birth certificate will be used to establish the date of birth on the citizenship record.\nNOTE: Some foreign passports or travel documents will contain an official amendment in the Observations section of the travel document (for example, correction or change of the date of birth). In such cases, the amendment should be relied upon to establish the date of birth and the date of birth in the MRZ of the foreign passport must be recorded as the former date of birth in IRCC’s system of record. To determine the date of birth that will be recorded in IRCC systems of record for the MRZ, see Date of birth structures in travel documents (MRZ, MRC, VIZ) .\nOther immigration documents\nFor persons applying under subsection 5 (1.3) (Canadian Armed Forces-personnel attached or seconded) of the Citizenship Act, the date of birth established during the immigration stream (on the work permit or visitor record), will be the date of birth used for the citizenship record.\nAdopted persons\nFor persons applying for a grant of citizenship under section 5.1 of the Citizenship Act (for an adopted person), the primary document used to establish the date of birth in the citizenship record is the adoption order .\nThe adoptive parents do not know the date of birth of the child at the time the application is submitted to IRCC", "history": "", "last_amended": "", "current_to": "", - "citation": "PDI Tran: Where the ruling applies", - "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/tran.html" + "citation": "PDI Biometrics-Identity: Grants of citizenship (part 3 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/documents.html" }, { - "id": "pdi-tran-0-3-p1", + "id": "pdi-identity-16-7-p4", "doc_type": "memorandum", - "act_code": "PDI-TRAN", - "act_short": "PDI Tran", - "act_name": "PDI — Assessing inadmissibility for serious criminality following Tran v. Canada", - "section": "Assessing inadmissibility due to serious criminality followi — Determining criminal inadmissibility", - "marginal_note": "Determining criminal inadmissibility", - "part": "PDI — Assessing inadmissibility for serious criminality following Tran v. Canada", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Documents used to establish date of birth — Grants of citizenship", + "marginal_note": "Grants of citizenship", + "part": "PDI — Biometrics and identity management", "division": "", "heading": "", - "text": "The policy decision concerning maximum punishment only applies in situations where the offence would be considered serious criminality under subsection A36(1) by today’s Canadian laws.\nIf the offence is considered serious criminality by today’s laws, officers should verify the maximum punishment at the time of the commission of the offence. However, if a person received a sentence of more than 6 months’ imprisonment, there is no need to consult older versions of the Act of Parliament, as the person would be inadmissible for serious criminality.\nOffences under subsection A36(2) are to be processed as usual according to today’s Canadian laws.\nOfficers are expected to make reasonable decisions with the evidence available to them and to maintain good records of what evidence was reviewed and relied on in their decision making.\nThe following sections illustrate scenarios for applying the policy decision:\nCrimes where the penalty has become more lenient\nThe policy decision would not apply.\nEquivalency – Serious Criminality/Criminality: When the maximum punishment for the offence under Canadian law has become more lenient between the time of the commission of the offence and the time of the inadmissibility determination, officers are advised to apply the spirit of the Charter, which accords the benefit of the more lenient penalty. Therefore, officers should look at the maximum possible punishment under Canadian law at the time of inadmissibility assessment .\nCrimes outside Canada where the penalty has become more strict", + "text": "For overseas adoptions, there may be instances where the adoptive parents will not know the identity of the child at the time Part 1 of the application is submitted to IRCC. In the case of an unknown child, the date of birth will be recorded as “Year/**/**. The year recorded in the Global Case Management System (GCMS) will reflect the year the Part 1 application was received at the Case Processing Centre in Sydney, for example, 2016/**/**.\nOnce the child’s date of birth is known, the temporary date of birth indicated in GCMS, will be changed to “entered in error”, and the date of birth will be recorded.", "history": "", "last_amended": "", "current_to": "", - "citation": "PDI Tran: Determining criminal inadmissibility (part 1 of 2)", - "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/tran.html" + "citation": "PDI Biometrics-Identity: Grants of citizenship (part 4 of 4)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/documents.html" }, { - "id": "pdi-tran-0-3-p2", + "id": "pdi-identity-16-8", "doc_type": "memorandum", - "act_code": "PDI-TRAN", - "act_short": "PDI Tran", - "act_name": "PDI — Assessing inadmissibility for serious criminality following Tran v. Canada", - "section": "Assessing inadmissibility due to serious criminality followi — Determining criminal inadmissibility", - "marginal_note": "Determining criminal inadmissibility", - "part": "PDI — Assessing inadmissibility for serious criminality following Tran v. Canada", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Documents used to establish date of birth — Certificate of citizenship (proof of citizenship)", + "marginal_note": "Certificate of citizenship (proof of citizenship)", + "part": "PDI — Biometrics and identity management", "division": "", "heading": "", - "text": "Equivalency: Officers should equate under today’s Canadian law. If it appears to be serious criminality due to the maximum possible punishment (that is, an offence under Canadian law which carries a term of imprisonment of at least 10 years), then officers should see if it was still serious criminality at the time of the commission of the offence.\nNote: For the foreign offence, officers should continue to apply paragraph A36(1)(b) or A36(2)(b) accordingly, meaning officers should equate using the foreign statute at the time of the commission of the offence. If there is no foreign conviction, officers could apply paragraph A36(1)(c) or A36(2)(c) using the foreign statute at the time of the commission of the offence.\nActs committed over a period of time\nThere may be offences that occurred over a period of time (such as fraud or embezzlement). Officers should use a known date of commission, which may appear in\nthe police or investigative reports\npolice certificates\ncourt records\nIf a date range is known, officers should use the last date in this range, as it would carry the most current maximum punishment.\nConditional sentences\nA conditional sentence does not count as a term of imprisonment for determining serious criminality under subsection A36(1).\nOffences that occurred before current Canadian legislation existed\nOfficers should determine what offence(s) under a Canadian Act of Parliament may apply based on the elements of the case.", + "text": "Applicants seeking proof of citizenship for the first time may have been born outside of Canada to a Canadian parent, or inside Canada. The document used to establish the date of birth record differs as indicated:\nBorn outside Canada to a Canadian parent and resides in or outside Canada\nFor persons born outside Canada to a Canadian parent, the primary document used to establish the date of birth record is the applicant’s foreign birth certificate .\nIf the applicant is unable to provide a foreign birth certificate, the date of birth indicated on their foreign passport or travel document will be used to establish the date of birth. \nIn rare instances when an applicant is unable to provide a foreign birth certificate, passport or other travel document, another authoritative national or federal document issued by the country of residence may be used to establish the date of birth.\nBorn in Canada\nFor persons born in Canada, the primary document used to establish the date of birth record is a birth certificate issued by a Canadian province or territory.\nNote: For persons born in or outside Canada who have had their date of birth corrected from the date of birth appearing in their birth certificate, the officer should change the applicant’s date of birth with IRCC following the procedures at Request to correct date of birth .\nReplacement certificates (also known as replacement proofs)\nThe date of birth on the replacement certificate will be the same as that indicated on the applicant’s previous certificate of citizenship, unless the applicant requests a change of date of birth and meets the requirements set out in the Request to correct date of birth section .", "history": "", "last_amended": "", "current_to": "", - "citation": "PDI Tran: Determining criminal inadmissibility (part 2 of 2)", - "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/tran.html" + "citation": "PDI Biometrics-Identity: Certificate of citizenship (proof of citizenship)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/documents.html" }, { - "id": "pdi-tran-0-4-p1", + "id": "pdi-identity-16-9", "doc_type": "memorandum", - "act_code": "PDI-TRAN", - "act_short": "PDI Tran", - "act_name": "PDI — Assessing inadmissibility for serious criminality following Tran v. Canada", - "section": "Assessing inadmissibility due to serious criminality followi — Relief mechanisms for serious criminality", - "marginal_note": "Relief mechanisms for serious criminality", - "part": "PDI — Assessing inadmissibility for serious criminality following Tran v. Canada", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Documents used to establish date of birth — Footnotes", + "marginal_note": "Footnotes", + "part": "PDI — Biometrics and identity management", "division": "", "heading": "", - "text": "There are no changes to determining how relief mechanisms under the IRPA or Immigration and Refugee Protection Regulations (IRPR) should be applied.\nRecord suspensions\nForeign pardons for convictions outside Canada\nCriminal rehabilitation\nTemporary resident permits (TRPs)\nHumanitarian and Compassionate (H&C) Grounds\nRecord suspensions\nThe Criminal Records Act provides the Parole Board of Canada the authority to grant and issue record suspensions (formerly known as “pardons”) to persons who have been convicted in Canada of an offence under an Act of Parliament.\nPer paragraph A36(3)(b) , inadmissibility under subsections A36(1) and (2) may not be based on a conviction for which\na record suspension has been ordered and has not been revoked or ceased to have effect under the Criminal Records Act\nthere has been a final determination of an acquittal\nNote: Bill C-93 (An Act to provide no-cost, expedited record suspensions for simple possession of cannabis) received Royal Assent on June 21, 2019. This legislation will eliminate the application fee and wait period for record suspensions for people convicted only of simple possession of cannabis. People will be able to apply even if they have outstanding fines or victim surcharges associated with their cannabis possession conviction, as long as they have completed the rest of their sentence. Over time, fewer individuals will be inadmissible on criminality grounds due to past convictions of simple possession in Canada.\nForeign pardons for convictions outside Canada\nA foreign pardon does not necessarily make the person admissible to Canada.\nWith a foreign pardon, in the vast majority of cases, the applicant should be able to produce a copy of the pardon.", + "text": "Footnote 1\nFor example, a person who formally renounced Canadian citizenship; or a person described in subsection 3(2) of the Citizenship Act.\nReturn to footnote 1 referrer\nFootnote 2\nRecognizing that there is no provincial health facility in certain remote border areas of Canada, the local Canadian provincial health authorities establish agreements with the facilities in USA to cover health services for Canadian residents. In cases like these, Canadian residents are asked to travel to US to give birth, thus resulting in the child having an American birth certificate and no other travel documents.\nReturn to footnote 2 referrer", "history": "", "last_amended": "", "current_to": "", - "citation": "PDI Tran: Relief mechanisms for serious criminality (part 1 of 3)", - "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/tran.html" + "citation": "PDI Biometrics-Identity: Footnotes", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/documents.html" }, { - "id": "pdi-tran-0-4-p2", + "id": "pdi-identity-17-0", "doc_type": "memorandum", - "act_code": "PDI-TRAN", - "act_short": "PDI Tran", - "act_name": "PDI — Assessing inadmissibility for serious criminality following Tran v. Canada", - "section": "Assessing inadmissibility due to serious criminality followi — Relief mechanisms for serious criminality", - "marginal_note": "Relief mechanisms for serious criminality", - "part": "PDI — Assessing inadmissibility for serious criminality following Tran v. Canada", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Order of priority: Documents for date of birth", + "marginal_note": "Order of priority: Documents for date of birth", + "part": "PDI — Biometrics and identity management", "division": "", "heading": "", - "text": "The laws about recognition of foreign pardons developed from jurisprudence, with the Federal Court of Canada decision in Saini v. Canada (Minister of Citizenship and Immigration), [2000] 3 FC 253 , outlining the test for recognition of foreign pardons, including:\nthe foreign legal system as a whole must be similar to that of Canada\nthe specific foreign law must be similar to Canadian law in its\naim\ncontent\neffect\nthere must be no valid reason not to recognize the effect of the foreign law\nIf the country’s legal system is based on similar foundations and values to Canada’s, the foreign legislation must be examined to determine whether the effect of the pardon is to erase the conviction or merely recognize that rehabilitation has taken place. In the latter case, the applicant is inadmissible and an application for rehabilitation is necessary.\nNote: Canadian courts are not bound by a foreign pardon in which there is an absence of evidence as to the motivating considerations that led to the grant of a pardon by another state jurisdiction.\nCriminal rehabilitation\nThe IRPA gives authority to the Minister and delegated authorities to approve rehabilitation for persons described in paragraphs A36(1)(b) and A36(1)(c). Per paragraphs R17(a) and R17(b) , applicants inadmissible for serious criminality outside Canada can apply to the minister for rehabilitation 5 years after the sentence has been completed, as long as there are no subsequent convictions.\nTemporary resident permits (TRPs)", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThe following table illustrates which documents should be used to establish a date of birth record by line of business, in descending order of priority where 1 is the top document to be used.\nNote: This table does not apply to requests for a correction of date of birth. See Managing existing date of birth records for more information on correcting dates of birth.", "history": "", "last_amended": "", "current_to": "", - "citation": "PDI Tran: Relief mechanisms for serious criminality (part 2 of 3)", - "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/tran.html" + "citation": "PDI Biometrics-Identity: Order of priority: Documents for date of birth", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/priority.html" }, { - "id": "pdi-tran-0-4-p3", + "id": "pdi-identity-17-1", "doc_type": "memorandum", - "act_code": "PDI-TRAN", - "act_short": "PDI Tran", - "act_name": "PDI — Assessing inadmissibility for serious criminality following Tran v. Canada", - "section": "Assessing inadmissibility due to serious criminality followi — Relief mechanisms for serious criminality", - "marginal_note": "Relief mechanisms for serious criminality", - "part": "PDI — Assessing inadmissibility for serious criminality following Tran v. Canada", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Order of priority: Documents for date of birth — Order of priority of documentary evidence for establishing a", + "marginal_note": "Order of priority of documentary evidence for establishing a date of birth record by business class", + "part": "PDI — Biometrics and identity management", "division": "", "heading": "", - "text": "A temporary resident permit (TRP) allows the holder either to enter or to remain in Canada. It may be issued to any person who is inadmissible under the IRPA and seeking to come into Canada, if an officer is of the opinion that it is justified under subsection A24(1) . Officers should issue permits only when the individual’s need to enter or remain in Canada is compelling and sufficient to overcome any risks that they might pose.\nSee the TRP section under Functional Guidance on Temporary Residents for more information.\nHumanitarian and compassionate (H&C) grounds\nIRCC officers may consider H&C grounds if a foreign national (who may be a former permanent resident) who is under a removal order that has not been enforced makes an application under subsection A25(1) .\nSee Humanitarian and Compassionate Consideration for more information.", + "text": " \nTemporary resident (VR, WP, SP, TRP) Footnote i\nPermanent residence application (including first time PR card)\nPermanent resident card renewal\nRefugee claimant/ protected person\nCitizenship grant applicant – adult [5(1) of the CA] or minor [5(2)(a) of the CA]\nCitizenship discretionary grant [5(4] of the CA]\nCitizenship grant for stateless person [5(5) of the CA]\nCitizenship grant for adopted person [5.1 of the CA]\nResumption of citizenship [11(1) of the CA]\nProof of citizenship applicant (born outside Canada)\nProof of citizenship applicant (born in Canada)\nBirth certificate issued by Canadian province or territory\nN/A\nN/A\nN/A\nN/A\nN/A\n1\nN/A\nN/A\n1\nN/A\n1 Footnote ii\nAdoption order\nN/A\nN/A\nN/A\nN/A\nN/A\nN/A\nN/A\n1\nN/A\nN/A\nN/A\nForeign passport\n1\n1\n1\n1\nN/A\n3\nN/A\n2 Footnote iii\n2\n2\nN/A\nTravel document\n2\n2\n2\n2\nN/A\n4\n1\nN/A\n3\n3\nN/A\nImmigration document issued by IRCC\nN/A\nN/A\nN/A\nN/A\n1\n2\nN/A\nN/A\nN/A\nN/A\nN/A\nReferral document from international body Footnote iv\nN/A\nN/A\nN/A\n3\nN/A\nN/A\nN/A\nN/A\nN/A\nN/A\nN/A\nIdentity document issued outside Canada\n3\n3\nN/A\n4\nN/A\nN/A\nN/A\nN/A\nN/A\n4\nN/A\nForeign birth certificate\nN/A\nN/A\nN/A\nN/A\nN/A\n5 Footnote v\n2\n2 Footnote iii\nN/A\n1\nN/A\nStatutory declaration as per IRPR 178\nN/A\n4\nN/A\n5\nN/A\nN/A\nN/A\nN/A\nN/A\nN/A\nN/A\nLegal change of date of birth document issued in Canada\nN/A\nN/A\n3\nN/A\n2\nN/A\nN/A\n3\n4\nN/A\n2", "history": "", "last_amended": "", "current_to": "", - "citation": "PDI Tran: Relief mechanisms for serious criminality (part 3 of 3)", - "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/tran.html" + "citation": "PDI Biometrics-Identity: Order of priority of documentary evidence for establishing a date of birth record by business class", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/priority.html" + }, + { + "id": "pdi-identity-17-2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Order of priority: Documents for date of birth — Footnotes", + "marginal_note": "Footnotes", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Footnote i\nApplies for extensions\nReturn to footnote i referrer\nFootnote ii\nNot applicable to a person described under paragraphs 3(2)(a), (b) and (c) of the Citizenship Act .\nReturn to footnote ii referrer\nFootnote iii\nIf an adoption order is not available, the birth certificate and the foreign passport may be used to create a date of birth record, provided the documents were issued after the adoption took place.\nReturn to footnote iii referrer\nFootnote iv\nMust be a recognized international body/organization that has signed an agreement with an IRCC Minister (see s. 50(2) and s.170 of the Immigration and Refugee Protection Regulations).\nReturn to footnote iv referrer\nFootnote v\nIn case of border babies, where the applicant who is a minor born in United States and does not possess a passport or another travel document, the date of birth recorded on the foreign birth certificate will be used to establish the date of birth on the citizenship record.\nReturn to footnote v referrer", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Footnotes", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/priority.html" + }, + { + "id": "pdi-identity-18-0", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Date of birth structures in travel documents (MRZ, MRC, VIZ) and how to record t", + "marginal_note": "Date of birth structures in travel documents (MRZ, MRC, VIZ) and how to record them", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nAccuracy is a key consideration in date of birth identification and recording, as it can have a significant impact on a client’s ease of travel, access to Canada and access to Canadian services. It enhances program integrity and improves operational efficiency. Below are the descriptions of the following sections of travel documents:\nMachine Readable Zone (MRZ)\nVisual Inspection Zone (VIZ)\nMachine Readable Chip (MRC)", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Date of birth structures in travel documents (MRZ, MRC, VIZ) and how to record them", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/travel.html" + }, + { + "id": "pdi-identity-18-1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Date of birth structures in travel documents (MRZ, MRC, VIZ) — Attention visa application centres (VACs)", + "marginal_note": "Attention visa application centres (VACs)", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "If you are unable to record an incomplete date of birth in the Canadian Immigration Biometric Identification System (CIBIDS), due to security partner system limitation, please enter comments into the Notes field of CIBIDS to advise immigration officers that an arbitrary date of birth (01) was assigned, and a correction must be made to the client’s date of birth.\nAs the biometric collection system used at United States (U.S.) application support centers (ASCs) does not have a notes function, U.S. Citizenship and Immigration Services officers on site at U.S. ASCs should send an email to the Biometrics Operational Support Unit (BOSU) at Immigration, Refugees and Citizenship Canada (IRCC) headquarters, advising of the arbitrary assignment of the client’s date of birth. The BOSU will, in turn, enter these comments in the Global Case Management System Notes field to inform the responsible IRCC office.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Attention visa application centres (VACs)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/travel.html" + }, + { + "id": "pdi-identity-18-2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Date of birth structures in travel documents (MRZ, MRC, VIZ) — Attention officers processing applications from VACs", + "marginal_note": "Attention officers processing applications from VACs", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Ensure the accuracy and correctness of the date of birth on the application and the date of birth on the travel document. If an arbitrary date of birth was assigned at the VAC, correct the arbitrarily assigned date of birth to match the information on the travel document.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Attention officers processing applications from VACs", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/travel.html" + }, + { + "id": "pdi-identity-18-3", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Date of birth structures in travel documents (MRZ, MRC, VIZ) — On this page", + "marginal_note": "On this page", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Zones on passports and travel documents\nHow to read an MRZ\nHow to read a VIZ\nWhen date of birth in a VIZ does not match date of birth in an MRZ", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/travel.html" + }, + { + "id": "pdi-identity-18-4", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Date of birth structures in travel documents (MRZ, MRC, VIZ) — Zones on passports and travel documents", + "marginal_note": "Zones on passports and travel documents", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Sample Canadian passport\nThe Visual Inspection Zone of a Canadian passport contains the following categories:\nType: P\nIssuing Country: CAN\nSurname: MARTIN\nGiven names: SARAH\nNationality: CANADIAN\nDate of birth: 01 JAN 85\nSex: F\nPlace of birth: OTTAWA CAN\nDate of issue: 14 JAN 13\nDate of  expiry: 14 JAN 23\nIssuing Authority: Gatineau\nThe Machine Readable Zone of the passport contains the following characters:\nP<CANMARTIN<<SARAH<<<<<<<<<<<<<<<<<<<<<<<<<<\nZE000509<9CAN8501019F2301147<<<<<<<<<<<<<<08\nIn the above character sequence, the numbers 850101 refer to the year, day and month of the passport holder’s birth.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Zones on passports and travel documents", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/travel.html" + }, + { + "id": "pdi-identity-18-5", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Date of birth structures in travel documents (MRZ, MRC, VIZ) — How to read an MRZ", + "marginal_note": "How to read an MRZ", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "International Civil Aviation Organization (ICAO) standards require the date of birth to be displayed in the lower MRZ line, between character numbers 14 to 19.\nThe date of birth in the MRZ is shown as a 6-digit number, composed of the last 2 digits of the year (YY), immediately followed by 2 digits that represent the month (MM) and by 2 digits that represent the day (DD). The structure is YYMMDD.\nThe MRZ is the main area that should be relied on to establish the client’s date of birth. When recording dates of birth in the Immigration, Refugees and Citizenship Canada (IRCC) system of record, the officer should insert 4 digits for the value of the year of birth, 2 digits for the value of the month of birth and 2 digits for the value of the day of birth that appear on the applicant’s foreign passport or travel document.\nNote: ICAO standards require the date of birth recorded by the MRC of an e-passport to match the date of birth values and format as they appear in the MRZ.\nUnknown date of birth elements in an MRZ\nICAO standards require that, in cases where all or part of the date of birth is unknown, the relevant character positions be completed with filler characters (<).\nIf the foreign passport or travel document does not list a complete date of birth, an incomplete date of birth should be recorded in the IRCC system of record. The officer should insert the value “*” for the unknown elements of the client’s date of birth that appear on their foreign passport or travel document when recording the client’s date of birth in the IRCC system of record.\nFurthermore, if a complete or incomplete date of birth is not available, a date of birth should not be created. When recording the client’s date of birth in the IRCC system of record, the officer should insert the value “**” for unknown date of birth elements (day, month or year).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: How to read an MRZ", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/travel.html" + }, + { + "id": "pdi-identity-18-6-p1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Date of birth structures in travel documents (MRZ, MRC, VIZ) — How to read a VIZ", + "marginal_note": "How to read a VIZ", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "ICAO standards require that the date of birth format of the VIZ on a travel document be entered in accordance with the Gregorian calendar.\nDays are shown as a 2-digit number, that is, dates from 1 to 9 are preceded by a zero. This entire number is followed by a blank space.\nThe month is printed in the language of the issuing state or organization, or it is abbreviated, using\nup to 4 character positions.\nWhere the language of the issuing state or organization is not English, French or Spanish, the month (or its abbreviation, up to 4 characters, as defined in the table below) is followed by an oblique character (/) and the month (or its abbreviation, up to 4 characters), in 1 of the 3 languages, as shown in the table below.\nAbbreviations of months in English, French and Spanish\nMonth\nEnglish\nFrench\nSpanish\nJanuary\nJan\njan\nene\nFebruary\nFeb\nfév\nfeb\nMarch\nMar\nmars\nmar\nApril\nApr\navr\nabr\nMay\nMay\nmai\nmayo\nJune\nJun\njuin\njun\nJuly\nJul\njuil\njul\nAugust\nAug\naoût\nago\nSeptember\nSep\nsept\nsept\nOctober\nOct\noct\noct\nNovember\nNov\nnov\nnov\nDecember\nDec\ndéc\ndic\nNote: As indicated in the example above, where the language of the issuing state or organization is English, French or Spanish, the issuing state or organization should use 1 of the other 2 languages (shown in the table above), following the oblique character (/).", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: How to read a VIZ (part 1 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/travel.html" + }, + { + "id": "pdi-identity-18-6-p2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Date of birth structures in travel documents (MRZ, MRC, VIZ) — How to read a VIZ", + "marginal_note": "How to read a VIZ", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "The month, however, may be printed in numerical form in the VIZ, at the discretion of the issuing state or organization, particularly when it might facilitate the use of machine-readable passports by countries that do not use the Gregorian calendar. In these cases, the date of birth should appear in the VIZ as MM DD YY. In addition, when the month is represented numerically, the issuing state or organization may use the 4-digit representation of the year in the VIZ, for example, 12 07 1942.\nThe year is normally shown as the last 2 digits and preceded by a blank space.\nUnknown date of birth elements in a VIZ\nICAO standards require that, when a date of birth is completely unknown, the unknown date of birth may be encoded according to the date format used for dates of birth by that issuing authority.\nExamples:\nXX XX XX (DD MM YY)\nXX XX XXXX (DD MM YYYY)\nXX XXX XX (DD MMM YY)\nIf only part of the date of birth is unknown, that part may be represented by XX, XXX or XXXX, depending on the format used for dates of birth by the issuing authority.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: How to read a VIZ (part 2 of 2)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/travel.html" + }, + { + "id": "pdi-identity-18-7", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Date of birth structures in travel documents (MRZ, MRC, VIZ) — When date of birth in a VIZ does not match date of birth in ", + "marginal_note": "When date of birth in a VIZ does not match date of birth in an MRZ", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "The officer should cross reference the date of birth data in the VIZ and MRZ to ensure that they match.\nIf the VIZ and MRZ numbers do not match, the document may be altered. If an IRCC officer has reasonable grounds to believe that a document was altered, the document in question must be seized (if a physical copy of the document is available) and referred to the office’s respective program integrity unit for further review. The program integrity unit then submits the document to the Canada Border Services Agency (CBSA) for investigation, per ENF 12, section 9.4. When seizing documents abroad, the officer should refer to ENF 12, section 9.5, as the seizure of documents is dependent on the local environment in which the CBSA liaison officers and IRCC visa officers work and the type of partnership or arrangements they have with local enforcement agencies, airlines and other foreign-based visa offices with whom they interact.\nIf an IRCC officer has reasonable grounds to believe that an altered document was uploaded to an applicant’s electronic application, the officer may request the original document from the application and follow the procedures outlined in Document examinations and seizures.\nIf the IRCC officer has reasonable grounds to believe that a document was not altered and that the date of birth was incorrectly transposed, or there was a typographical error, the following actions must be taken:\nThe client must be contacted and asked to explain the discrepancy between the VIZ and MRZ.\nThe foreign passport must be returned to the client to correct the error by obtaining an official amendment to their foreign passport.\nThe client’s date of birth should be finalized only when the amended foreign passport is received.\nThe incorrect date of birth should be recorded as an alias.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: When date of birth in a VIZ does not match date of birth in an MRZ", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/travel.html" + }, + { + "id": "pdi-identity-19-0", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Managing existing records", + "marginal_note": "Managing existing records", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Managing existing records", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/managing-records.html" + }, + { + "id": "pdi-identity-19-1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Managing existing records — On this page", + "marginal_note": "On this page", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Requests to correct a date of birth\nTypes of date of birth corrections\nEnsuring a date of birth change would not have affected the decision on the application for permanent residence\nDocumentary evidence of correction (inside Canada)\nDocumentary evidence of correction (outside Canada)\nConverted and non-converted dates of birth\nRecording information regarding a request to correct a date of birth in Immigration, Refugees and Citizenship Canada (IRCC) systems", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: On this page", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/managing-records.html" + }, + { + "id": "pdi-identity-19-2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Managing existing records — Requests to correct a date of birth", + "marginal_note": "Requests to correct a date of birth", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "The officer processing the request may only change a client’s date of birth based on documentary evidence, as outlined below. Additional documents may be requested to support the evidence presented.\nA new client record should not be created in the system of record; however, a new date of birth record under the existing client record must be created and marked as the primary date of birth. The previous date of birth record must be recorded as the former date of birth, AKA (alias) or “other” in IRCC’s system of record.\nThe clearances should be redone for both existing and alias dates of birth.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Requests to correct a date of birth", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/managing-records.html" + }, + { + "id": "pdi-identity-19-3-p1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Managing existing records — Types of date of birth corrections", + "marginal_note": "Types of date of birth corrections", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "There are two types of date of birth corrections:\nCorrections to clerical/administrative errors made by IRCC\nClient-requested date of birth corrections for reasons other than clerical/administrative error made by IRCC\nHistorical records, such as an immigration record of landing, IMM 1000 or Confirmation of Permanent Residence (COPR) document will not be amended unless a clerical or administrative error was made by IRCC. In such instances, the officer should follow the instructions in Correction of date of birth due to clerical/administrative error (PDF, 787 KB) .\nClerical or administrative error\nAs per subsection 6(2) of the Privacy Act, if an IRCC officer discovers a clerical/administrative error made by IRCC, they must make a change to match the date of birth printed on the primary document without a request from the client.\nIn the event that the error is detected after the document is issued, the client’s record will be amended to indicate the correct information that will be printed on a replacement document. The original document number will be cancelled and the replacement document will be sent to the client free of charge. \nA note will be recorded in IRCC’s system of record and the client will be notified of the action, in line with the Privacy Act. The correct date of birth will be recorded as the primary date of birth and the erroneous birth date will be marked as entered in error in IRCC’s system of record.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Types of date of birth corrections (part 1 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/managing-records.html" + }, + { + "id": "pdi-identity-19-3-p2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Managing existing records — Types of date of birth corrections", + "marginal_note": "Types of date of birth corrections", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "If a client submits an official request form “Amend Immigration Record of Landing” (IMM 1000), “Confirmation of Permanent Residence” (IMM  5292 or IMM 5688), or “Valid Temporary Resident Documents” (IMM 5218), and it is determined that IRCC made a clerical/administrative error, the date of birth record will be amended to indicate the correct information that will be printed on a verification status document if the change is sought on a record of landing document or COPR, or on a replacement document if the change is sought on a valid temporary resident document. A note will be recorded under the unique client identifier (UCI) in the Global Case Management System (GCMS). The correct date of birth will be recorded as the primary birth date and the erroneous date will be marked as entered in error in GCMS.\nIf a client submits a request to amend their date of birth, and it is determined that IRCC made a printing error on their IRCC-issued document, the date of birth record will be amended to indicate the correct information that will be printed on the replacement document. A note will be recorded in IRCC’s system of record. If the printing error cannot be fixed immediately due to system limitations, (if in the case of citizenship certificates, for example, the system is erroneously printing 01 for the day or month rather than XX for an incomplete DOB), the client will be notified once the system limitations are fixed, and IRCC will issue the client a replacement document with the correct date of birth.\nNon-clerical or administrative error", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Types of date of birth corrections (part 2 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/managing-records.html" + }, + { + "id": "pdi-identity-19-3-p3", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Managing existing records — Types of date of birth corrections", + "marginal_note": "Types of date of birth corrections", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "In some circumstances, there may be no IRCC error but a client may request a change or correction to their date of birth in light of new information or documents they acquired after their arrival in Canada. In those instances, the client may follow one of these options outlined below to correct their date of birth record with IRCC.  ", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Types of date of birth corrections (part 3 of 3)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/managing-records.html" + }, + { + "id": "pdi-identity-19-4", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Managing existing records — Ensuring a date of birth change would not have affected the ", + "marginal_note": "Ensuring a date of birth change would not have affected the decision on the application for permanent residence", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "When a client requests a correction to their date of birth, the processing officer should be mindful of how the change may have affected their application for permanent residence. If the officer believes the correction to the date of birth may impact the previous decision to approve the client’s permanent residence application, the case should be referred to the original processing office, as they are best positioned to review the decision in light of the new information. The following must be taken into account: regulations in effect at the time the client became a permanent resident, any transitional provisions and whether the client became a permanent resident as the principal applicant, as an accompanying spouse or partner, or as a dependent child.\nIf the original office was outside Canada, the visa office that is currently responsible for processing applications for that area should be consulted to determine if the information would have had an impact on the original decision. If yes, the matter should be referred to an inland immigration office for possible enforcement action.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Ensuring a date of birth change would not have affected the decision on the application for permanent residence", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/managing-records.html" + }, + { + "id": "pdi-identity-19-5", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Managing existing records — Documentary evidence of correction (inside Canada)", + "marginal_note": "Documentary evidence of correction (inside Canada)", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "If the client’s documentary evidence of a date of birth correction originates inside Canada, they can present one of the following documents with their request to correct their date of birth on their immigration or citizenship documents:\na certificate issued by provincial or territorial authorities recognizing a correction in the date of birth\na provincial or territorial court order declaring the correct date of birth\nNote: Applicants who request a correction to their date of birth, must also complete the questionnaire Request to Correct a Date of Birth for a Permanent Resident Document or Citizenship Certificate [IRM 0003] (PDF, 2.4 MB)\nSupporting evidence of a date of birth correction that originates inside Canada: \nA document issued by a province or territory of Canada that displays the new date of birth can be used as supporting evidence.\ndriver’s licence\nhealth card\nage of majority card\nenumeration record\nsenior citizen’s identification card\nsocial services card\nvehicle ownership or registration\nNote: If the client is unable to obtain or is ineligible for the provincial or territorial documents in the new date of birth, they must provide a written explanation for why the document was not issued.\nIn addition to the documentary evidence of a date of birth correction originating inside Canada, the client must provide any provincial documents requested as part of the application instruction guide to establish their identity, not only the date of birth. On occasion, additional documentation may be requested.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Documentary evidence of correction (inside Canada)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/managing-records.html" + }, + { + "id": "pdi-identity-19-6", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Managing existing records — Documentary evidence of correction (outside Canada)", + "marginal_note": "Documentary evidence of correction (outside Canada)", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "If the client’s documentary evidence of a date of birth correction originates outside Canada, they can present one of the following documents with their request to correct the date on their immigration or citizenship documents:\na document issued by national or state/provincial authorities in the country or state/province where the client was born recognizing a correction in date of birth (with official translation)\na court order issued by national or state/provincial authorities in the country or state/province where  the client was born declaring the correct date of birth (with official translation), or\nA birth certificate issued by national or state/provincial authorities in the country or state/province where the client was born declaring the correct date of birth (with official translation)\nNote: Applicants who request a correction to their date of birth, must also complete the questionnaire: Request to Correct a Date of Birth for a Permanent Resident Document or Citizenship Certificate [IRM 0003] (PDF, 2.4 MB)\nSupporting evidence of a date of birth correction originating outside Canada\nA client's foreign passport or other national authoritative photo documentation amended to reflect the new date of birth may be used as supporting evidence.\nIn addition to the documentary evidence of a date of birth correction originating outside Canada, the client must provide any provincial documents requested as part of the application instruction guide to establish their identity, not only the date of birth. On occasion, additional documentation may be requested. \nPlease contact Program Integrity to verify the acceptability of presented documents, if concerns arise.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Documentary evidence of correction (outside Canada)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/managing-records.html" + }, + { + "id": "pdi-identity-19-7", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Managing existing records — Converted and non-converted dates of birth", + "marginal_note": "Converted and non-converted dates of birth", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "In rare instances, permanent residents, foreign nationals or Canadian citizens might go through the process of converting their dates of birth to match the Gregorian calendar date. When processing such requests, the officer should consult the following instructions to find the appropriate documents based on where the change of birth date occurred:\nNon-clerical or administrative error made by IRCC\nDocumentary evidence of correction (inside Canada)\nDocumentary evidence of correction (outside Canada)\nPlease contact Program Integrity to verify the acceptability of presented documents, if concerns arise.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Converted and non-converted dates of birth", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/managing-records.html" + }, + { + "id": "pdi-identity-19-8", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Managing existing records — Recording information regarding a request to correct a date ", + "marginal_note": "Recording information regarding a request to correct a date of birth in IRCC systems", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "In all cases, a note must be recorded to the client’s date of birth record under their UCI in IRCC’s system of record. The client must be notified of the decision to amend, grant or deny the change.\nIf the request is approved\nIf a corrected date of birth is approved, the new date as indicated on the documentary evidence of correction of date of birth will be recorded as the primary birth date in GCMS and will be the date that appears on any new document(s) issued by IRCC. Once a new date is recorded as the primary birth date, the officer should ensure that the previous primary birth date is indicated as the former date of birth, AKA (alias) or “other” in GCMS\nIf the request is denied\nIf a request to correct a date of birth is denied, the applicant must be informed of the decision, and the date of birth requested by the applicant must be recorded as “AKA” (alias) or “other” in GCMS. ", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Recording information regarding a request to correct a date of birth in IRCC systems", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/date/managing-records.html" + }, + { + "id": "pdi-identity-20-0", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Change of sex or gender identifier due to a clerical or administrative error mad", + "marginal_note": "Change of sex or gender identifier due to a clerical or administrative error made by IRCC (identity management)", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThis page explains what to do if an error is discovered by an IRCC officer.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Change of sex or gender identifier due to a clerical or administrative error made by IRCC (identity management)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/sex-designation/change-sex-designation-clerical-administrative-error-made-ircc.html" + }, + { + "id": "pdi-identity-20-1", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Change of sex or gender identifier due to a clerical or admi — Errors on historical records", + "marginal_note": "Errors on historical records", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Historical records, such as immigration records of landing and Confirmation of Permanent Residence (COPR) documents, are not amended unless a clerical or administrative error has been made by IRCC. If an IRCC officer discovers a clerical or administrative error made by IRCC, they must make a change to match the sex or gender identifier printed on the primary document without a request from the client, per subsection 6(2) of the Privacy Act.\nIf an error is detected after document issuance, the officer must do the following:\nContact the client to notify them of the error and request that they return the existing IRCC document to the office that is processing their application. Ask the client to write “Admin Error” on the envelope, so the processing office can triage the request faster.\nUpon receiving the IRCC document, correct the sex or gender identifier in the Global Case Management System (GCMS).\nEnsure that a client note is entered in GCMS and that the erroneous sex or gender identifier is marked as entered in error.\nCancel the previous document.\nProduce a replacement document and send it to the client. No fees are charged.\nIf the client cannot be reached, the officer must do the following:\nEnter a client note in GCMS indicating that the sex or gender identifier is erroneous. The data field should not be changed at this time.\nWhen the client contacts IRCC for a subsequent service, notify them and correct the sex or gender identifier in GCMS and on their new document.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Errors on historical records", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/sex-designation/change-sex-designation-clerical-administrative-error-made-ircc.html" + }, + { + "id": "pdi-identity-20-2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Change of sex or gender identifier due to a clerical or admi — If an error is discovered by a client", + "marginal_note": "If an error is discovered by a client", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "A client may submit an official request to amend any of the following:\ncertificate of Canadian citizenship\nimmigration record of landing\nCOPR\nvalid temporary resident document\nIf it is determined that IRCC made a clerical or administrative error, the officer must do the following:\nCorrect the sex or gender identifier in GCMS.\nEnsure that a client note is placed in GCMS and that the erroneous sex or gender identifier is marked as entered in error.\nCancel the previous document.\nRequest that the client return the existing IRCC document. Ask the client to write “Admin Error” on the envelope, so the processing office can triage the request faster.\nProduce a replacement document and send it to the client. No fees are charged.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: If an error is discovered by a client", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/sex-designation/change-sex-designation-clerical-administrative-error-made-ircc.html" + }, + { + "id": "pdi-identity-21-0", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Change of sex or gender identifier for reasons other than a clerical or administ", + "marginal_note": "Change of sex or gender identifier for reasons other than a clerical or administrative error (identity management)", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.\nThis page explains what to do if a change of sex or gender identifier is requested due to a reason other than a clerical or administrative error.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Change of sex or gender identifier for reasons other than a clerical or administrative error (identity management)", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/sex-designation/change-sex-designation-reasons-other-than-clerical-administrative-error.html" + }, + { + "id": "pdi-identity-21-2", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Change of sex or gender identifier for reasons other than a — Historical records", + "marginal_note": "Historical records", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "Historical records are not amended unless a clerical or administrative error has been made by IRCC. These records are\nimmigration records of landing\nConfirmation of Permanent Residence documents\nIf an error has been made by IRCC, the officer should follow the instructions in Change of sex or gender identifier due to a clerical or administrative error .", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Historical records", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/sex-designation/change-sex-designation-reasons-other-than-clerical-administrative-error.html" + }, + { + "id": "pdi-identity-21-3", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Change of sex or gender identifier for reasons other than a — Other records", + "marginal_note": "Other records", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "For other records, a Request Form for a Change of Sex or Gender Identifier (PDF, 1.75 MB) must be submitted to support a request to change the sex or gender identifier on IRCC documents. For more information, see Change of sex or gender identifier requirements by line of business .\nIn addition to the required form, the applicant must also provide any requested documents as part of the application instruction guide and document checklist to establish their identity.\nAdditional documentation may be requested during the processing of the application. If anything further is required, the officer should contact the applicant.\nNote: Supporting documents from the issuing authority are not required.\nSignature of a parent or legal guardian for minors\nIf a change of sex or gender identifier is being requested for an individual under 18 years of age, both the applicant and their parent or legal guardian need to do all of the following:\nsign the Request Form for a Change of Sex or Gender Identifier\nprovide proof of parentage or legal guardianship, as stipulated within the appropriate jurisdiction\nA signature of a parent or legal guardian is required for the purpose of applying for a document on behalf of a minor.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Other records", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/sex-designation/change-sex-designation-reasons-other-than-clerical-administrative-error.html" + }, + { + "id": "pdi-identity-21-4", + "doc_type": "memorandum", + "act_code": "PDI-IDENTITY", + "act_short": "PDI Biometrics-Identity", + "act_name": "PDI — Biometrics and identity management", + "section": "Change of sex or gender identifier for reasons other than a — Change of sex or gender identifier requirements by line of b", + "marginal_note": "Change of sex or gender identifier requirements by line of business", + "part": "PDI — Biometrics and identity management", + "division": "", + "heading": "", + "text": "The process for changing sex or gender identifiers is the same for the following lines of business:\nCitizenship\nPermanent residence\nTemporary residence\nRefugee claimants\nIn these lines of business, a Request for a Change of Sex or Gender Identifier (PDF, 1.75 MB) form must be submitted to support a request to change the sex or gender identifier on IRCC documents, regardless of what is indicated on the client’s supporting documents. Supporting documents from the issuing authority are not required.\nElectronic travel authorization (eTA)\nThese instructions do not apply to the electronic travel authorization (eTA) line of business, as eTAs are electronically linked to a foreign national’s passport, and no hard copy documents are issued.\nProtected persons\nFor the purposes of these guidelines, protected persons are considered to be the following:\nSuccessful refugee claimants\nSuccessful pre-removal risk assessment (PRRA) applicants\nFor these clients, a Request Form for a Change of Sex or Gender Identifier must be submitted to support a request to change the sex or gender identifier on IRCC documents, regardless of what is indicated on their foreign passport or supporting documents. Supporting documents from the issuing authority are not required.\nSuccessful refugee claimants\nPeople whose refugee claims are approved receive a positive Notice of Decision from the Refugee Protection Division or Refugee Appeal Division of the Immigration and Refugee Board. Notices of Decision do not contain sex or gender identifiers.\nThese clients may request a verification of status (VOS) document indicating the status of “protected person”, along with their requested sex or gender identifier.\nSuccessful pre-removal risk assessment (PRRA) applicants\nSuccessful pre-removal risk assessment (PRRA) applicants receive a VOS document indicating the status of “protected person”.\nThese clients may request a new VOS document containing their requested sex or gender identifier.", + "history": "", + "last_amended": "", + "current_to": "", + "citation": "PDI Biometrics-Identity: Change of sex or gender identifier requirements by line of business", + "source_url": "https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/sex-designation/change-sex-designation-reasons-other-than-clerical-administrative-error.html" } ] \ No newline at end of file