Operational Bulletins 087 – November 14, 2008

Separation of Processing Streams at CPC-V – New vs. Existing Employer Applications

Background

In an effort to reduce the impact processing delays have on in-Canada Temporary Foreign Worker (TFW) applications, a decision was made to adjust the TFW queues at the Case Processing Centre – Vegreville (CPC-V). The current queues divide applications based on whether the applicant is a student (off-campus, co-op, post-graduation) or not. The separation of the queues is done via mailing address. The new queues will divide the applications solely based on whether the applicant is applying to extend with their existing employer or to work for a new employer.

The separation of these processing streams will benefit temporary foreign workers (TFWs) in a number of scenarios, including those in undesirable situations, by ensuring that new employer work permits (WPs) are processed in a timely manner.

Current Policy

TFWs who have applied to extend a WP with the same employer have implied status from the date the application is received at CPC-V and can continue to work at their existing place of employment as long as they remain in Canada.

TFWs who have applied for a WP with a new employer, however, are not able to work for the new employer until they receive their work permit.

Next Steps

Effective immediately, CPC-V will begin receiving separate streams for new employer applications and existing employer applications. Previously received applications will be processed first. Following this, CPC-V will give priority to the queue for new employers.

The queue at CPC-V for students applying for work permits will be rolled into these two queues, based on new employer or existing employer applications.

IMM 5553E, Applying to Change Conditions or Extend Your Stay in Canada – Worker, and IMM 5580E, Applying for a Work Permit – Student Guide, have been amended. Applicants will choose the mailing address based on whether the application is in regard to a new employer or the same employer. The onus is on the applicant to select the correct address.

Applications sent to the new employer queue must be complete. If they are not, they will no longer be eligible for priority processing and will be moved to the other TFW queue. The regular steps taken by CPC-V in the case of missing information will apply.

In the case of TFWs who have applied for an extension with the same employer, they may be at a disadvantage if urgently required to leave Canada before receiving a new WP, because this queue is not the priority. Instructions have been published on the Web stating that a TFW in an emergency situation should contact the Call Centre as soon as they are aware of such upcoming travel. The Call Centre agent will advise the TFW that there is no guarantee that the application will be processed before their departure date and will follow standard procedures for emergency situations.

Six months after implementation, an impact analysis of this change will be performed.

Contact

For further information on the procedures outlined in this document, please contact Operational Management and Coordination Branch at OMC-GOC-Immigration@cic.gc.ca.