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HomeFrom the BlogCanadian Spouse and Common-Law Partner Visa – Backlog Reduction and Reduced Waiting Times – Update June 2016
Canadian Spouse and Common-Law Partner Visa – Backlog Reduction and Reduced Waiting Times – Update June 2016
Posted by: HarjitGrewal
Canadian Spouse and Common-Law Partner Visa – Backlog Reduction and Reduced Waiting Times – Update June 2016
Processing measures to reduce the in-Canada spousal application inventory
Ottawa 13 June 2016 – Immigration Refugees and Citizenship Canada provided information about the Department’s efforts to reduce its inventory of spousal applications as well as functional guidance for processing spouse or common-law partner in Canada (SCLPC) class applications in the inventory, which have not yet received a stage one eligibility decision. Measures to reduce the SCLPC inventory apply to in-Canada applications processed as FC1 (spouse), FCC (common-law partner) as well as those processed as FCH under provisions of the spousal public policy; and, where applicable, their dependent children. Instructions regarding confirmation of permanent residence and issuance of the permanent residence card will be provided in the near future.
Issue
The Department is making efforts to help spouses and common-law partners of Canadian citizens and permanent residents reunite more quickly. As part of these efforts, Immigration, Refugees and Citizenship Canada (IRCC) plans to significantly reduce the existing inventory of SCLPC applications to address pressures which have accumulated due to levels constraints in previous years.
As the majority of cases in the SCLPC inventory are at early stages of processing, the network needs to ensure that applications are advanced to later processing stages in an efficient and effective manner by using the tools and knowledge at our disposal. This includes finding ways to ensure that officer expertise is used in a focused and targeted fashion.
1 Background
Reducing overall processing times and improving client service for spouses and common-law partners of Canadian citizens and permanent residents is a key priority of the Department and IRCC has therefore introduced measures to significantly reduce the existing spousal inventory.
These inventory reduction efforts will be supported by four factors:
the Department’s renewed focus and priority on reuniting families;
increased levels space in 2016 to facilitate the admission of more spouses and common-law partners for permanent residence to finalise existing cases;
the expectation of sufficient level space levels in 2017 to continue eliminating inventory early in the year and to avoid the accumulation of new processing inventories; and
supplementary funding of $25M to the overall processing network this fiscal year to reduce processing times.
These factors, combined with targeted processing efforts to reduce existing inventory, are expected to help move the Department to a more manageable spousal inventory which will support improved processing times.
Effective file management will be key to ensuring that applications which are well documented, complete, have valid key documents, and which are identified as straightforward are finalized as expeditiously as possible.
2 File management
IRCC will manage the inventory in a manner which minimises the expiry of key requirements — such as passports and medicals — during processing.
In addition, while considering medical and passport expiry dates, the Department will process applications without missing documentation ahead of incomplete applications (e.g., files missing police certificate or civil documentation). This means that applications of clients who have submitted all of the documentation on the IRCC checklist with their application will be prioritized for processing.
To ensure that all other applicants have an opportunity to update their application with documentation which is still needed to make a decision, the Department will send out an email to each principal applicant in the targeted inventory asking them to submit, within 60 days of the date of the email,
any missing civil documentation;
any missing police certificates;
proof that they hold a passport with at least 6 months of remaining validity;
any missing documentation for dependants, including custody documents;
if the applicant resides in Quebec, a Quebec Selection Certificate;
a copy of the receipt for the right of permanent residence fee, if not already paid.
For applications where items on the Document Checklist are missing, the Centralised Processing Region (CPR) will prioritise applications based on how quickly applicants respond to requests for missing documentation, such as police certificates and outstanding civil documentation.
3 Streamlined processing of straightforward cases
In order to allow for a more effective processing, in-Canada spousal applications already in the inventory will be pre-assessed to identify applications which are straightforward and may be streamlined, and which applications require a closer review.
Processing of the SCLPC applications in the inventory, other than those already referred to local offices for closer review, will be conducted by CPR. Cases already referred to local offices will be processed using usual procedures. In all applications, officers will ensure that an integrated search is performed as per normal procedures, with special attention to potential excluded relationships.
Cases may be referred to local offices if further review or an interview is required.
4 Assessing admissibility
4.1 Medical screening
Medical screening will be conducted using existing practices and procedures. Applicants who have never completed an immigration medical examination or who do not qualify for a medical reassessment will be issued new medical instructions by IRCC.
4.2 Criminality assessment
Criminality assessment will be completed using current practices and procedures.
All SCLPC applicants 18 years of age or older continue to be subject to a mandatory criminal background check by the Royal Canadian Mounted Police for in-Canada criminality.
As part of the In-Canada Spousal Inventory Reduction Exercise, IRCC will request from all applicants in the SCLPC class inventory all required police certificates not previously submitted as part of their application. Applicants will be given 60 days to respond. To ensure procedural fairness, applicants will be advised that if, following the 60 days, they have not provided the requested document(s) or proof of having made best efforts to fulfil the request, the applicant may be refused for non-compliance.
If an applicant demonstrates that they did not receive an email transmission, the officer should be open to reconsidering the case and providing the applicant with an opportunity to submit the police certificates or proof of best efforts.
All applicants who have declared past arrests or convictions, and all cases referred to a local office due to criminality concerns, will continue to undergo comprehensive assessments.
4.3 Security screening
Under the inventory reduction exercise, security clearances will continue to be conducted in accordance with established guidelines.
5 Examination of overseas family members
All dependent children, accompanying and non-accompanying, of SCLPC applicants must be examined for admissibility at the time of the processing of the application for permanent residence to ensure that the principal applicant is admissible.
Visa offices involved in the examination of overseas family members of in-Canada spousal applicants face a number of factors that can cause processing delays. To facilitate timely processing for applications, processing offices in Canada, including CPR and local offices, will assume responsibility for completing certain steps currently completed by visa offices. At the same time, processing offices in Canada will continue to leverage the specialised knowledge that offices overseas can contribute to the decision-making process.
Note: A list of all existing inland applications where a request for overseas examination of a family member has already been sent will be circulated to all visa offices to assist them in focusing their immediate attention on cases where that assessment is outstanding.
5.1 Non-accompanying overseas family members
Visa offices will not be involved in the examination of family members overseas who will not be issued an immigrant visa, unless specialise knowledge is required to evaluate admissibility.
The responsible in-Canada office will
send requests for medical examination or missing police certificates directly to the principal applicant;
assess admissibility (medical, criminality and security); and
only in cases where local knowledge is required, send an email to the visa office to request that they provide input to assist in decision-making.
5.2 Accompanying overseas family members
The responsible in-Canada office will
electronically issue medical instructions for overseas dependants via the principal applicant;
where necessary, contact the principal applicant to request any missing civil documents or police certificates for overseas dependants;
add the responsible visa office as a secondary office in GCMS;
scan and upload into GCMS police certificates, birth certificates, adoption orders and other civil documents, including documentation relating to custody and guardianship;
upon receipt and upload of all documentation required to conduct an assessment, send an email to the visa office asking them to examine the family members;
monitor the status of the overseas review in GCMS to determine if the required assessment has been completed;
once the necessary analysis is completed by the visa office, make a final decision about the eligibility and admissibility of the primary applicant and dependent family members;
send a “ready for visa” letter, using the appropriate visa office’s letterhead, to the dependant or representative instructing them to submit a passport-sized photograph meeting departmental specifications and (if a visa is required) their passport to the visa office.
The visa office will, on a priority basis,
assess the relationship between the dependant and the principal applicant;
assess whether the custodial parent or guardian has consented to the child immigrating to Canada;
assess whether the dependant meets criminality and security requirements;
enter notes to provide their assessment and indicate that they have completed their examination of the dependant.
Note: Visa offices will not be involved in assessing medical results or following up on outstanding documentation — these tasks will be completed by the in-Canada office. In most cases, the visa office should be able to complete its review as soon as it receives a request to do so, given that all of the necessary information should already be in GCMS when the request for examination is initiated.
Once a final decision is made by CPR, the visa office will print the Confirmation of Permanent Residence document for the overseas dependant and, where necessary, a visa and forward these documents to the dependant or representative in accordance with established guidelines.
To support these changes, letters and templates used to communicate with clients will be reviewed and updated.
6 Local offices: processing of complex cases
Local offices will continue to process applications referred from CPR that require further review or an interview as per current guidelines. Local offices may also be involved in the processing of cases included in quality assurance exercises.
7 Finalisation of applications
As part of the file management process, CPR will coordinate with regional local offices when finalising applications to allow local offices to effectively manage the granting of permanent residence status to a significant number of applicants.
7.1 Passport requirement
Foreign nationals seeking to become permanent residents in Canada must have a valid passport from their country of nationality. An original and valid passport must be presented in order for permanent residence status to be granted.
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HarjitGrewal
ABOUT THE AUTHOR:
Harjit Grewal was born and educated in the United Kingdom where he obtained his LLB (Bachelor of Law) and LLM (Master of Law).He practiced British immigration law for seven years with the respected Immigration Advisory Service as a member of the Law Society of England & Wales and the Office for the Immigration Services Commissioner (OISC). After moving to Canada he secured the prestigious ICCRC designation to provide authorized Canadian visa and immigration services.
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Canadian Government to Address Spousal Sponsorship Backlog and Wait Times
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