This is my first post in this forum, despite having anonymously followed it for years. Sadly, my first post isn't quite a positive one considering CIC's intent to terminate this program. Having waited for 6 years, like many others, and jumping through all the numerous hurdles to get our file at the final processing stage was quite a journey, that got cut short by CIC's announcement.
I am not a legal expert/professional, so please do heed what I say with caution. My intention is to try to shed some light on this mess, and share my knowledge on this termination proposal. For example, CIC states "certain" applications will be cancelled, this has caused a lot of speculation. But bill C-31 which contains the immigration clauses, specifies exactly what this "certain" will entail. In summary, from bill C-31 (see below/online), it would simply mean if prior to 11/02/14 you have passed the selection criteria (e.g. for FIIP: business experience, net worth and investment) and the officer has acknowledged this on your file in CAIPS/GCMS then you are safe. Another safe position would be if prior to the royal assent of this bill, your application has been finalized (this Lubs mentioned). So hope for either two of these outcomes.
So,
1)For CIC to terminate the proposed programs, the Economic Action Plan 2014 Act, No. 1 has to receive royal assent and come into force. This bill is known as
C-31 An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures.
2)As of yesterday (04/06/2014), the bill is in the report state in the House of Commons, and typically in a few days, week, or who knows, it should clear the senate and receive royal assent.
Extract from C-31, part 6, Division 20, clause 303:
Federal Investor and Entrepreneur Classes
Pending applications
87.5 (1) An application by a foreign national for a permanent resident visa as a member of the prescribed class of investors or of entrepreneurs is terminated if, before February 11, 2014, 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 the class in question.
Application
(2) Subsection (1) does not apply to
(a) an application in respect of which a superior court has made a final determination unless the determination is made on or after February 11, 2014; or
(b) an application made by an investor or entrepreneur who is selected as such by a province whose government has entered into an agreement referred to in subsection 9(1).
Effect
(3) The fact that an application is terminated under subsection (1) does not constitute a decision not to issue a permanent resident visa.
Fees returned
(4) Any fees paid to the Minister in respect of the application referred to in subsection (1) — including for the acquisition of permanent resident status — must be returned, without interest, to the person who paid them. The amounts payable may be paid out of the Consolidated Revenue Fund.
Investment returned
(5) If an application for a permanent resident visa as a member of the prescribed class of investors is terminated under subsection (1), an amount equal to the investment made by the applicant in respect of their application must be returned, without interest, to the applicant. The amount may be paid out of the Consolidated Revenue Fund.
Provincial allocation
(6) If the provincial allocation of an investment made in respect of an application for a permanent resident visa as a member of the prescribed class of investors that is terminated under subsection (1) has been transferred to an approved fund, as defined in subsection 88(1) of the Immigration and Refugee Protection Regulations, the province whose government controls the approved fund must return an amount equal to that provincial allocation to the Minister without delay. The return of the amount extinguishes the debt obligation in respect of that provincial allocation.
No recourse or indemnity
(7) No right of recourse or indemnity lies against Her Majesty in right of Canada in connection with an application that is terminated under subsection (1), including in respect of any contract or other arrangement relating to any aspect of the application.