Operational Bulletin 442 - June 29, 2012
Cessation of Processing and Return of Fees for Certain Federal Skilled Worker Applications
Summary
Processing of certain applications made under the Federal Skilled Worker (FSW) program prior to February 27, 2008, is to cease effective June 29, 2012, and fees paid to Citizenship and Immigration Canada (CIC) in respect of the affected applications are to be returned to the person who paid them as required by law.
Issue
This Operational Bulletin (OB) provides guidance on steps to be taken to terminate certain FSW applications made prior to February 27, 2008, as per amendments to the Immigration and Refugee Protection Act (IRPA) that were enacted as part of the Jobs, Growth and Long-term Prosperity Act and come into force on June 29, 2012.
Background
The Jobs, Growth and Long-term Prosperity Act eliminates the majority of the backlog in the FSW program by terminating applications and returning fees paid to CIC by certain FSW applicants who applied prior to February 27, 2008. The requirement to terminate certain FSW applications takes legal effect upon the coming into force of relevant provisions of the Jobs, Growth and Long-term Prosperity Act on June 29, 2012.
An application by a foreign national for a permanent resident visa as a member of the prescribed class of federal skilled workers that was made before February 27, 2008, is terminated if, before March 29, 2012, it has not been established by an officer, in accordance with the regulations, whether the applicant meets the selection criteria and other requirements applicable to that class.
Establishing that a final decision has been made
In establishing that final decision has been made on an application, at least one of the following actions must have been taken:
a final decision was entered into the processing system (“FINDEC” in the Computer-Assisted Immigration Processing System (CAIPS) or “Final – Approved” / “Final – Refused” in the Global Case Management System (GCMS));
the file notes clearly state that a final decision has been rendered, but the decision has not yet been entered into the processing system.
Returning fees paid to CIC
The. process of returning fees paid to CIC in concert with the termination of affected applications will be centralized at NHQ – Finance in consultation with visa offices as required.
So those who are not in FINDEC-1 also will be affecred.
