JUNE 15, 2009 - FSW OPERATIONAL BULLETIN for your info

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Operational Bulletin 120 –
June 15, 2009Federal Skilled Worker (FSW) Applications – Procedures for Visa Offices
Purpose
This operational bulletin provides visa officers with additional guidance on making final determinations of eligibility for processing of federal skilled worker (FSW) files referred from the Centralized Intake Office (CIO) in Sydney.

Background
The Action Plan for Faster Immigration of November 28, 2008 includes Ministerial Instructions (MI) outlining a set of eligibility criteria applying to all new FSW applications received on or after February 27, 2008.The MI enables CIC to keep the federal skilled worker backlog from growing, to reduce wait times and to assess new applications according to Canada’s labour market needs.

CIC has committed to processing eligible applications on a priority basis, with a processing time objective of 6 to 12 months.

In order to meet the goals of the Action Plan, especially the processing time commitments, deadlines must be clear and respected.

Basic procedural framework
The success of the Action Plan depends on the CIO and visa offices applying the following procedures consistently.

The CIO receives all FSW applications.

The CIO either:

determines an application is ineligible according to the MI for processing, informs the applicant to this effect, refunds the fee(s) and closes the file; OR
informs the applicant a visa officer will make a final determination of eligibility for processing on the basis of the information and documents the applicant submits along with a complete application to the visa office within a 120 day deadline; and
transfers the electronic file to the visa office for final determination of eligibility for processing against the MI.
The visa office must:

regularly produce bring forward (BF) reports (as described in OB 089 of December 2, 2008), as frequently as necessary to ensure the final determination of eligibility for processing happens within 2 weeks of the BF date set by the CIO.
Issues
Subsequent to receiving the referral from the CIO, visa offices will face the following issues:

Requests for extensions
Applicants who do not submit anything within the deadline
Incomplete applications
Submission of application/documents after a final determination of eligibility for processing has been made
Counting negative final determinations of eligibility for processing at visa offices
CAIPS PSDEC coding
Final determination of eligibility for processing and processing
A) Requests for extensions

The FSW application kit [IMM EG7000] informs applicants “visa offices are strictly enforcing the 120 day rule and will not provide extensions.” In addition, applicants are informed clearly and unambiguously of the documentary requirements and the timeframes for submissions to the visa office. The FSW kit states:

Consult the Visa Office specific requirements now to determine what documents you will need to provide ... If you are not prepared to submit full documentation to the Visa Office within 120 days do not apply now.

Applicants are given notice from the outset that if they are not prepared, they should not apply. Applicants who follow this notice should be able to meet the deadline.

The IMM EG7000 is available at the following link:

http://www.cic.gc.ca/english/information
/applications/guides/EG73.asp

 

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Nevertheless, some applicants will request extensions. All requests must be properly considered, documented in CAIPS notes and answered. Visa officers must bear in mind, however, the importance of the 120 day deadline in order to manage these cases efficiently.

B) Applicants who do not submit anything within the deadline

The CIO informs applicants that a visa officer will make the final determination of eligibility for processing on the basis of the information on file once the 120 days has elapsed. Visa offices are not required to remind applicants of this deadline.

Visa officers will make a final determination of eligibility for processing on the basis of the information on file (electronic file). Without a complete application and supporting documents, the officer is unlikely to be satisfied the applicant meets the requirements of the MI.
Visa officers should be able to make final determinations quickly in the absence of any submission.
Enter CAIPS notes: The notes should clearly state the final determination of eligibility was made based on the information available. Visa officers must enter notes to this effect (see suggested wording below):
The CIO informed the applicant he/she had 120 days to submit a complete application with supporting documents to this office. The CIO also informed the applicant a final determination of whether the application can be placed into processing according to the Ministerial Instructions of November 28, 2008, would be made at this office based on the available information as of the 120 day deadline. The applicant has not submitted a complete application and supporting documents. I have reviewed the available information and am not satisfied there is sufficient evidence this application is eligible for processing.

The letter in Appendix A to this bulletin should be sent to applicants who do not submit a complete application and supporting documents, and who receive a negative final determination. As no paper file exists, please copy and paste the letter into CAIPS notes.
C) Incomplete applications

Applicants are expected to submit a complete application including supporting documents identified in the visa office specific kit. However, submissions will vary in quality and completeness. Procedures for the most common scenarios visa offices may encounter are outlined below:

The R10 completeness check has already been done at the CIO: Although applicants must submit an application to the CIO and (if referred to a visa office for a final determination of eligibility for processing), a copy of the application to the visa office, this is one application for permanent residence and the R10 check is only done once.
The visa office will receive and assess the applicant’s submission as-is: Visa officers should proceed directly to a final determination of eligibility against the MI. If the application is determined to be eligible for processing, the case should proceed directly to a selection decision based on the information on file.
Insufficient evidence of meeting Ministerial Instructions: Visa officers will assess the application on the basis of the information on file. If the applicant’s submission is insufficient to determine that the application is eligible for processing, a negative determination of eligibility should be rendered.
The sample letter in Appendix D of OP 6 should be sent to applicants who receive a negative final determination of eligibility for processing based on what they submitted within the 120 day deadline.
Missing SELDEC documents: Visa officers will complete the final determination of eligibility on the basis of the information on file. If the application is eligible for processing, visa officers will complete the selection review based on the evidence presented. No follow-up request for the missing document is required.
Exception: Section 10.10 of OP 6 states that applicants who submit other evidence in writing that satisfies a visa officer that the applicant demonstrates language proficiency of at least Canadian Language Benchmarks (CLB) 2000 benchmark 4 but not the proficiency levels claimed, should be given the opportunity to provide conclusive evidence. Visa officers should proceed in accordance with procedures outlined in section 10.10 of OP 6. Please note though, that if the other evidence in writing only satisfies a visa officer that the applicant has demonstrated language proficiency corresponding to the CLB 2000 benchmark 3, there is no requirement to invite the applicant to produce conclusive evidence.

Missing documents / information related to admissibility: Any documents or information required to complete the admissibility review should be requested once SELDEC is passed. Missing admissibility documents should not hold up the final determination of eligibility or selection review.
D) Submission of application/documents after final determination of eligibility is complete

After a negative final determination of eligibility, the file is closed. A negative determination is final as of the date of the letter informing the applicant of the negative determination. Applicants who submit anything after such a letter has been sent should be informed that they may submit a new application to the CIO.

Note: Any documents received prior to the date of the letter, regardless of whether or not the 120 days have elapsed, must be considered. Visa offices cannot refuse to consider submissions made after 120 days, if the letters in either Appendix A of this bulletin or Appendix D of OP 6 have not been sent. Therefore, it is important to produce the BF reports, make the final determination of eligibility and send the negative determination of eligibility for processing letters promptly.

E) Counting negative final determinations of eligibility for processing at visa offices

It is essential to follow the instructions below in order to distinguish between cases in which complete applications and supporting documents are received and cases in which they are not. It is necessary to make this distinction for reporting and evaluation purposes.

If the applicant does not submit anything, do not replace the CIO file number with a visa office file number. Re-open the CAIPS file to record the final determination according to the instructions in “Information about CAIPS release 40.2” of February 2, 2009 (Appendix B).
If the applicant submits a complete application and supporting documents, replace the CIO file number with a visa office file number. See “Information about CAIPS release 40.2” of February 2, 2009 (Appendix B).
F) CAIPS PSDEC coding

Note: All previous instructions to use PSDEC code 3 are revoked. Use PSDEC code 2 for all negative eligibility determinations, i.e., for applicants who receive either the letter in Appendix A to this OB or the letter in Appendix D of OP 6.

For refund procedures at the CIO see Appendix C.

PSDEC 1: Eligible
PSDEC 2: Ineligible (negative final determination)
PSDEC 3: Withdrawn (applicant withdraws)
PSDEC 4: Administrative Withdrawal (recommended for further assessment at visa office – for the exclusive use of the CIO)
G) Final determination of eligibility for processing and processing

All visa offices should use the same approach when making a final determination of eligibility.

Where documents are reliable and information is clear, consistent and well-supported the final determination of eligibility can be made quickly. Where this is not the case, the final determination of eligibility will be more involved.

While visa officers must exercise diligence at the final determination stage, they should also complete this stage quickly, i.e. ideally less than two weeks after the 120 day BF date set by the CIO.

Exercising diligence while making a final determination within the ideal timeframe means the determination will be a paper review of the application and supporting documents. Visa officers must apply their local knowledge to the application and documents to determine eligibility.

The paper review is not just a confirmation of the preliminary determination made at the CIO. The CIO makes preliminary determinations without the benefit of the complete applications and supporting documents. The availability of this information permits a more robust assessment at the visa office.

For SW1 (one of the 38 occupations listed in the MI), review the documents related to work experience. These documents should include those listed in the Appendix A document checklist of the visa office specific forms. They should include sufficient detail to support the claim of one year of continuous work experience or equivalent paid work experience in the occupation in the last 10 years. Documents lacking sufficient information about the employer or, containing only vague descriptions of duties and periods of employment, should be given less weight. Descriptions of duties taken verbatim from the NOC should be regarded as self-serving. Presented with such documents, visa officers may question whether they accurately describe an applicant’s experience. A document that lacks sufficient detail to permit eventual verification and a credible description of the applicant’s experience is unlikely to satisfy an officer of an applicant’s eligibility.

For SW2 (arranged employment offer) proof of the arranged employment offer (AEO) must be included in the application. The AEO should be sufficiently detailed to support the claim that an offer of employment has been made to the applicant on an indeterminate basis. The AEO should include the employer’s name, address, phone number, any other contact information. If the applicant has a permanent job offer confirmed by Human Resources and Skills Development Canada (HRSDC)/Service Canada, a photocopy of the confirmation which was sent to the employer should also be included. Visa officers should be able to use tools such as on-line directories or open source materials to confirm the existence of the employer. The visa officer should corroborate the information about the employer with any NESS employment validations that might exist in CAIPS.

Note: Not all AEOs will have corresponding NESS employment validations.

For SW3 (temporary foreign workers and international students legally in Canada for at least one year): supporting documents should be sufficiently detailed to establish that applicants have been working or studying for the required period with legal status. Documents may include work or study permits (neither are mandatory), a letter of employment or proof of enrolment at an educational institution. Letters from employers or schools should include the name of the employer or school, address and phone number. Visa officers should be able to use tools such as on-line directories or open source materials to confirm the existence of the employer or school. FOSS can also be checked to corroborate statements about legal residence in Canada.

Note: It may not be possible to verify all temporary foreign workers and international students in FOSS.

Visa officers may also check previous applications to corroborate any information provided in the FSW application. Applications more than 12 months old, however, will not include the most recent information about work experience.

After a positive final determination of eligibility at the visa office the applicant is no longer eligible for a refund.

Processing

 

[CPA2CANADA]

http://www.cic.gc.ca/english/resources/manuals/bulletins/2009/ob120.asp

for your info.....

 

[jnathan]

What are the key changes from in here from the previous instructions?

 

[Hot-Lier]

As i understand this is all about making Canadian immigration "One Shot" and Action plan and time frame to motivate IO to act quickly and dont involve into extra requests.