ARCHIVED – Operational Bulletins 114 – May 19, 2009

This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.

Updated Schedule 4 and New Schedule 4A for Provincial Nominees

This Operational Bulletin has expired.

Background

Under provincial nominee agreements, provinces or territories (PTs) may nominate foreign nationals for immigration to Canada on the basis that the candidate’s presence in the province or territory will meet regional labour market and economic development needs. Each PT is responsible for the design and administration of its individual program, including the development of nomination criteria. Each program is composed of several “streams” or “categories”, each with its own sub-criteria.

Applicants in the provincial nominee class are identified, assessed, and nominated by a province or territory before they submit their application to a visa officer. The PTs assess applicants against criteria which can vary widely from one PT to another. This reflects the program’s objective which is to allow PTs to address their individual economic development needs. PTs are responsible for their nomination decisions and are committed to practicing due diligence. The federal visa officer remains ultimately responsible for ensuring that visa issuance is in accordance with eligibility (R87) and admissibility requirements.

In view of the significant role played by the nominating authority, it is generally federal policy to accept the nomination at face value. Consequently, the federal application kit for provincial nominees does not request the same level of detailed background information as do the kits for other economic classes. In particular, nominees in business streams are asked to provide far less information to the visa officer than federal business applicants. This has led to concern on the part of visa officers and processing partners that provincial nominees in business streams are not providing sufficient information to allow the officer to assess their background, source of funds, or possible participation in an immigration-linked investment scheme. The revised Schedule 4 and new Schedule 4A are designed to address these shortcomings.

What’s new

Schedule 4 has been updated as follows:

  • the text in the “Declaration” section was streamlined;
  • the requirement to identify the stream or category under which the nomination has been made was added.

Schedule 4A is completely new. It has been modelled on Schedule 6, and is intended for applicants nominated in a business, entrepreneur, self-employed, or other similar stream. Features of the new Schedule include:

  • the capture of information about previous business ownership;
  • the request of information about intended business activity in Canada;
  • the request of background financial information, including source of funds.

Instructions

Provinces and Territories have undertaken to indicate the stream/category of nomination on nomination certificates, and to remind all applicants that they are required to complete the updated Schedule 4. They have also undertaken to inform business, entrepreneur or self-employed applicants of the requirement for Schedule 4A. We expect updated application kits to be on the CIC website by May 30, 2009; in the meantime, officers are authorized to request a completed Schedule 4A from Provincial Nominee business applicants whose application is already in process if they believe the information gathered would be pertinent to their decision. Applications submitted after May 30 should contain a completed Schedule 4A.

Officers should use the information contained in Schedule 4A:

  • to assess the applicant’s eligibility as PV2 (provincial nominee);
  • to watch for possible participation in a passive investment scheme;
  • to ensure applicants claiming to be businesspersons have a corresponding background;
  • to ensure that the applicant’s funds are commensurate with the applicant’s background; and
  • to watch for signs of inadmissibility under A33A37.
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