Vol. 145, No. 26 — June 25, 2011
GOVERNMENT NOTICES
DEPARTMENT OF CITIZENSHIP AND IMMIGRATION
IMMIGRATION AND REFUGEE PROTECTION ACT
Updated Ministerial Instructions
Notice is hereby given, under subsection 87.3(6) of the Immigration and Refugee Protection Act, that the Department of Citizenship and Immigration has established the following Ministerial Instructions that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.
Overview
These Ministerial Instructions identify immigration applications and requests that are eligible for processing under these instructions.
Instructions are directed to officers and their delegates who are charged with handling and/or reviewing applications for permanent or temporary visas to enter Canada.
Authority for Ministerial Instructions is derived from section 87.3 of the Immigration and Refugee Protection Act (IRPA). The Instructions are being issued to ensure that the processing of applications and requests is conducted in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.
These Instructions come into force on July 1, 2011.
These Instructions apply to applications received by the designated Citizenship and Immigration Canada offices on or after July 1, 2011.
All Federal Skilled Worker applications received by the Centralized Intake Office in Sydney, Nova Scotia prior to July 1, 2011 shall continue to be considered for processing having regard to the Ministerial Instructions in place at the time of their receipt.
The Instructions are consistent with IRPA objectives as laid out in section 3, specifically to support the development of a strong and prosperous Canadian economy; to see that families are reunited in Canada; to fulfill Canada’s international legal obligations with respect to refugees and provide assistance to those in need of resettlement; and to respect the federal, bilingual and multicultural character of Canada, including to support and assist the development of minority official languages communities.
The Instructions are compliant with the Canadian Charter of Rights and Freedoms.
The Instructions do not apply to refugees or protected persons or persons making a request on Humanitarian or Compassionate grounds from within Canada.
The Instructions respect all previously established accords and agreements including the Quebec-Canada Accord and all agreements with provinces and territories.
Any categories for which Instructions are not specifically issued shall be processed in the usual manner.
Economic Class applications
All Economic Class applications, with the exception of Federal Skilled Worker, federal Immigrant Investor Program, and federal Entrepreneur Program applications, shall be placed into processing according to existing priorities, including:
- Quebec economic applicants;
- Provincial Nominees;
- Canadian Experience Class;
- Other federal Business Immigrant applicants (self-employed); and
- Live-in Caregivers.
Federal Skilled Worker applications
Cap on the number of applications to be processed per year
A maximum of 10,000 new Federal Skilled Worker applications, without an offer of arranged employment, will be considered for processing each year.
Within the 10,000 cap, a maximum of 500 new Federal Skilled Worker applications per National Occupation Classification (NOC) code will be considered for processing each year.
In calculating the caps, applications will be considered in order of the date they are received. Applications received on the same date will be considered for processing having regard to routine office procedures.
For the unique purpose of calculating the caps, the cap year will begin on July 1, 2011 and end on June 30, 2012, unless otherwise indicated in a future Ministerial Instruction. Subsequent years will be calculated from July 1st to June 30th, unless otherwise indicated in a future Ministerial Instruction.
Instructions for processing Federal Skilled Worker applications
Federal Skilled Worker applications (see footnote 1) received by the Centralized Intake Office in Sydney, Nova Scotia on or after July 1, 2011, and that meet either of the following criteria shall be placed into processing:
1. Applications submitted with an Arranged Employment Offer (AEO) consistent with requirements of subsection 82(2) of the Immigration and Refugee Protection Regulations.
or
2. Applications from skilled workers with evidence of experience in the last ten years under one or more (see footnote 2) of the following National Occupation Classification (NOC) codes, not exceeding the identified caps:
- 0631 Restaurant and Food Service Managers
- 0811 Primary Production Managers (Except Agriculture)
- 1122 Professional Occupations in Business Services to Management
- 1233 Insurance Adjusters and Claims Examiners
- 2121 Biologists and Related Scientists
- 2151 Architects
- 3111 Specialist Physicians
- 3112 General Practitioners and Family Physicians
- 3113 Dentists
- 3131 Pharmacists
- 3142 Physiotherapists
- 3152 Registered Nurses
- 3215 Medical Radiation Technologists
- 3222 Dental Hygienists & Dental Therapists
- 3233 Licensed Practical Nurses
- 4151 Psychologists
- 4152 Social Workers
- 6241 Chefs
- 6242 Cooks
- 7215 Contractors and Supervisors, Carpentry Trades
- 7216 Contractors and Supervisors, Mechanic Trades
- 7241 Electricians (Except Industrial & Power System)
- 7242 Industrial Electricians
- 7251 Plumbers
- 7265 Welders & Related Machine Operators
- 7312 Heavy-Duty Equipment Mechanics
- 7371 Crane Operators
- 7372 Drillers & Blasters — Surface Mining, Quarrying & Construction
- 8222 Supervisors, Oil and Gas Drilling and Service
No Humanitarian and Compassionate requests to overcome requirements of Ministerial Instructions
Requests made on the basis of Humanitarian and Compassionate grounds that accompany a Federal Skilled Worker application not identified for processing under Ministerial Instructions will not be processed.
Investor Class applications
Cap on the number of applications to be processed per year
A maximum of 700 new federal Immigrant Investor applications will be considered for processing each year.
In calculating the cap, applications will be considered in order of the date they are received. Applications received on the same date will be considered for processing having regard to routine office procedures.
For the unique purpose of calculating the caps, the cap year will begin on July 1, 2011 and end on June 30, 2012, unless otherwise indicated in a future Ministerial Instruction. Subsequent years will be calculated from July 1st to June 30th, unless otherwise indicated in a future Ministerial Instruction.
Instructions for processing federal investor class applications
Federal Immigrant Investor applications (see footnote 3) received by the Centralized Intake Office in Sydney, Nova Scotia on or after July 1, 2011, not exceeding the identified cap shall be placed into processing.
Federal Entrepreneur Class applications
Temporary moratorium
No new federal Entrepreneur application will be accepted unless it is received by the designated Citizenship and Immigration Canada office prior to July 1, 2011. This temporary moratorium will remain in place until otherwise indicated in a future Ministerial Instruction.
Family Class applications
Family Class applications will be processed in the same manner and with the same priorities as usual.
Humanitarian and Compassionate requests
Requests for Humanitarian and Compassionate consideration made from outside Canada will be processed in the usual manner, except in the case where the request accompanies a Federal Skilled Worker application not identified for processing under Ministerial Instructions as stated above.
Temporary Resident applications
All applications for temporary residence, including Temporary Foreign Workers, Foreign Students and Visitors shall continue to be placed into processing immediately upon receipt.
Retention/Disposition
Applicants to the Federal Skilled Worker Program, the federal Immigrant Investor program or the federal Entrepreneur program whose applications are received by the designated Citizenship and Immigration Canada offices on or after July 1, 2011, and which do not meet the criteria described above shall be informed that their application will not continue for processing and their processing fees shall be returned.
