ARCHIVED – Operational Bulletin 413 - April 27, 2012

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

Processing for Certain Federal Skilled Worker Backlog Applications: Budget 2012 – amended version

This Operational Bulletin has expired.

Issue

A number of immigration-related announcements were made in the 2012 budget on March 29, 2012. This Operational Bulletin (OB) replaces OB 400 and OB 404, and serves to clarify further the immediate implications for processing of Federal Skilled Worker applications received prior to February 27, 2008.

Background

Budget 2012 (Economic Action Plan 2012) proposes to eliminate the backlog in the Federal Skilled Worker (FSW) Program by terminating certain applications made prior to February 27, 2008. Applicants whose application would be terminated as a result will have the fees paid to CIC returned to them. The FSW proposal to terminate certain FSW applications announced as part of the March 2012 Budget may be enacted by amendments to the Immigration and Refugee Protection Act (IRPA) through the Budget Implementation Act (BIA) bill. The FSW proposal will be of no legal effect until the BIA bill is enacted and comes into force. The BIA has now been introduced. However, the coming into force date, if the bill becomes law, is not yet known.

Instructions

Until the FSW proposal is enacted and comes into force, local managers are to continue with the processing of FSW applications, including FSW applications made prior to February 27, 2008, whether a selection decision has been rendered or not prior to March 29, 2012. This means that processing of all cohorts of FSW cases should continue. Established priorities for MI cases remain in effect.

Local communications and website changes that may have resulted from OB 400 and OB 404 should be discontinued.

Further messaging on next steps with respect to FSW backlog cases affected by the Budget announcement will be published as soon as they become available, including the process for how the return of fees will be implemented.

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