Please read this for detail inofrmation.
8. Procedure: Receiving the application
8.1. Completeness check upon receipt
All applications for permanent residence in the Federal Skilled Worker Class must be submitted to the CIO in Sydney, Nova Scotia.
Applications received at the CIO will first be reviewed for completeness pursuant to R10 and the application kit requirements in place at the time of application receipt, including the following forms, fees, information and supporting documents:
a signed and completed Generic Application Form for Canada [IMM 0008], including the name, date of birth, nationality, current marital status, and current immigration status of the principal applicant and all family members (whether accompanying or not);
results of the principal applicant's language proficiency test from a designated testing agency, which are no more than two years old on the date on which the application is made, demonstrating that they meet or exceed the language proficiency threshold set by the Minister in all four skill areas in the first official language identified in their application;
evidence that the principal applicant has accumulated at least one year of continuous full-time paid work experience, or the equivalent in continuous paid part-time work experience, in the NOC 2011 0, A or B occupation identified in their application for permanent residence as their primary occupation. This work experience must have been obtained within the 10 years preceding the date of their application, and the applicant must have:
o performed the actions described in the lead statement for the occupation as set out in the occupational description of the NOC 2011; and
o performed a substantial number of the main duties, including all of the essential duties, of the occupation as set out in the occupational description of the NOC 2011.
a completed Canadian educational credential OR a completed foreign educational credential and its equivalency assessment (Educational Credential Assessment – ECA report) issued by a designated organization or institution. If a professional body has been designated for the occupation specified by the applicant as their primary occupation, the ECA report must have been issued by the designated professional body. The ECA report must be less than five years old on the date on which the application is made;
a properly completed Schedule A – Background/Declaration [IMM 5669] for the principal applicant and, if applicable, his or her spouse or common-law partner, and all dependent children 18 years of age or older listed in the IMM 0008;
a properly completed Schedule 3 – Economic Class – Federal Skilled Workers [IMM 0008 – Schedule 3] for the principal applicant;
a properly completed Supplementary Information – Your Travels [IMM 5562] for the principal applicant;
a properly completed Fee Payment Form – Application for Permanent Residence [IMM 5620] and evidence of payment of the applicable fees;
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clear identification of the visa, permit or authorization for which the application is being made;
clear identification of the class in which the application is being made;
a signed declaration to the effect that the information provided is complete and accurate; and
any additional documents and information required by the IRPR, as well as any other evidence required by the IRPA.
Note: Applications that are incomplete or received after any global or sub-cap specified through Ministerial Instructions has been reached will be returned to the applicant along with processing fees.
If it is determined that the application meets the requirements pursuant to R10, including the application kit requirements in place at the time of application receipt, then the CIO will proceed to assess the application against ministerial instructions (Section 9).
If it is determined that the application does not meet the requirements pursuant to R10, including the application kit requirements in place at the time of application receipt, then the CIO will return the application to the applicant as incomplete. The CIO will record in GCMS that an application was received and returned to the applicant, and will take no further action unless a complete application, as outlined above, is made.
Note: Applications are date stamped upon receipt at the CIO and then checked for completeness in order by date of receipt. The “application received” date at the CIO is the lock-in date. Processing offices should therefore maintain the application received date from the time of the applicant's initial submission to the CIO, and process the application to conclusion.
9. Procedure: Assessing the application against Ministerial Instructions
The CIO will assess the applicant's submission as-is and make a final determination of eligibility for processing under the applicable Ministerial Instructions.
To be eligible for processing, the applicant must have submitted a complete application as per the kit requirements in place at the time of application and meet all the criteria described in the applicable Ministerial Instructions in place on the date of application receipt.
If the application is determined to be eligible for processing, the applicant will be informed. Once the CIO has made a positive eligibility determination, processing has begun and processing fees are no longer refundable.
If the application is determined to be ineligible for processing, the applicant will be informed and will receive a refund of processing fees. The application will not be returned to the applicant.
Refer to the Canada Gazette for the current Ministerial Instructions applicable to this class.
Note: Missing admissibility documents (i.e., police certificates) should not delay the final determination of eligibility for processing. Applicants have been strongly encouraged to include police certificates with their application. However, if applicants cannot obtain police certificates, they may still submit the application to the CIO without them. The CIO will not reject these applications provided they are complete in all other respects. If the application is placed into processing, the applicant must be ready to submit the police certificates to the processing office when requested.
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If the application meets all the criteria of applicable Ministerial Instructions, then the CIO will make a final positive determination of eligibility for processing and:
o put the application into process and inform the applicant (Section 9.1); and
o proceed with assessing the application against minimum requirements (Section 10).
o The processing fees are no longer refundable.
If the application does not meet all the criteria of applicable Ministerial Instructions, then the CIO will make a final negative determination of eligibility for processing and:
o record the outcome and reasons in GCMS;
o initiate a refund of processing fees; and
o inform the applicant (see Appendix A for sample letter).
The application will not be returned to the applicant.
Note: In making a final negative determination of eligibility for processing determination, officers should clearly state the reasons for their determination in GCMS.
http://www.cic.gc.ca/english/resources/manuals/op/op06c-eng.pdf
