Operational Bulletin 544 – August 22, 2013

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

How to process a Humanitarian and Compassionate application when an applicant is a protected person or is an applicant who submitted a spousal sponsorship application in Canada

Issue

This Operational Bulletin (OB) provides functional guidance to the Backlog Reduction Office (BRO) Network, Case Processing Centre-Vegreville and local Citizenship and Immigration Canada (CIC) offices in Canada on how to process a Humanitarian and Compassionate (H&C) application when the applicant is:

  • a protected person who has not applied for a protected person application for permanent residence (PPAPR); or
  • a protected person who has applied for a PPAPR; or
  • an applicant who has applied in the Spouse or Common-law Partner in Canada Class (SCLPC).

Guidelines

For H&C applications received at intake at the Backlog Reduction Office in Vancouver (BRO-V), if the applicant is a protected person who has not yet submitted a PPAPR or has applied for one, or if he or she has an outstanding SCLPC application pending (at stage 1 or 2), then the application will NOT be examined and the BRO-V will return the fee and application. Refer to template letter A.

For H&C applications at either stage 1 or stage 2, if the applicant:

  • is a protected person who has not yet submitted a PPAPR:
    • Then the application is processed as per standard procedures;
    • If the protected person submits a PPAPR, follow the process below for a protected person who has applied for a PPAPR.
  • is a protected person who has applied for a PPAR:
    • Then the application is held in abeyance until the applicant:
      • obtains permanent residence status (is landed);
      • is refused;
      • or withdraws.
    • Enter a Non-Computer Based (NCB) entry in the Field Operations Support System (FOSS): “H&C held in abeyance while PPAPR in process and BF file for 6 months.”
    • This file should also be project coded in the National Case Management System (NCMS) H&C in abeyance pending PPAPR.
    • If the final decision on the PPAPR is:
      • positive, refuse the H&C application as per section 11.3 of IP 5. Refer to template letter B;
      • negative, resume processing the outstanding H&C application as per standard procedures.
  • is an applicant who has an outstanding SCLPC application pending (see note);
    • Then the application is held in abeyance until the applicant:
      • obtains permanent residence status (is landed);
      • is refused; or
      • withdraws.
    • Enter an NCB in FOSS: “H&C held in abeyance while SCLPC in process and BF file for 6 months.”
    • This file should also be project coded in NCMS “H&C in abeyance pending SCLPC.”
    • If the final decision on the SCLPC is:
      • positive, refuse the H&C application as per section 11.3 of IP 5. Refer to template letter B.
      • negative, resume processing the outstanding H&C application as per standard procedures.

Note: It is assumed in this scenario that there is no H&C requested within the SCLPC as this would make it concurrent H&C requests, which is not permitted in the case where the H&C request is received on or after June 29, 2010 (refer to OB 440-B).

Transfer of H&C stage 2 results for positive stage 1 SCLPC/PPAPR processes

If any stage 2 requirements are complete as a result of the H&C process, including for overseas dependants, these may be transferred and applied to the SCLPC/PPAPR process. The office handling the H&C application will notify by email the office where the SCLPC/PPAPR is pending to inform that the H&C application has been held in abeyance and that the stage 2 requirements may be used to land the applicant under the SCLPC/PPAPR process. Information regarding the initiation and results of any stage 2 screening should be provided. 

The process for transferring the screening results to another application are as follows:

1. Medical admissibility:   As most medical results are now in the Global Case Management System) (GCMS), the SCLPC/ PPAPR application can use the results found there, if still valid. To do this, follow these instructions.  

  1. Within the GCMS application, set the Medical activity to “Generate”.
  2. Note the IME# created by GCMS for that medical activity.
  3. Send an email to Health Branch.  Your email should contain the following information:
    SUBJECT: Transfer to GCMS
    Name:
    Date of Birth:
    UCI: (if FOSS id is different, provide both)
    IME:

Note: SCLPC and PPAPR applicants are exempted from excessive demand (EDE).  H&C applicants are not. If the H&C applicant’s medical result is M4, M5, or M6, re-submit the results to Health Branch for a new assessment. If the medical results are only in FOSS and you require a record in GCMS to complete SCLPC processing, email Health Branch and request that the medical results be transferred to GCMS.

2. Criminality and security admissibility: enter the results in VegWeb in GCMS. Consult the online help for more information on how to record admissibility decisions. You must add a note in GCMS to identify any criminality and/or security requests processed in FOSS. For example, “Security result initiated in CPC on 2013/01/01 and passed in FOSS on 2013/05/01”.

Exception: if the SCLPC/ PPAPR is approved in principle and, under the H&C application, security and criminality requests were already sent via CPC, the H&C application cannot be closed as results must be received prior to closing the file in FOSS (and recorded in GCMS). If a second request is sent via GCMS under the SCLPC/PPAPR application before the first results are received, this request will be treated as a duplicate by our partners and will not be assessed.

Process for overseas dependants

When a final positive stage 2 decision is made on a SCLPC/PPAPR, any Dependant Person Overseas (DPO) applications in GCMS related to the H&C application being closed must also be closed by the mission. The BRO or local CIC office handling the H&C application should notify the mission processing the DPO so that they can close the DPO application. 

If a DPO application related to the H&C application being closed has not been already promoted in GCMS, then it should be deleted. If it has already been promoted, then it should be cancelled, as the dependents are now listed on the ‘REF-CDA’ application for PPAPR applicants, or on the spousal application for SCLPC applicants.

Template letter A:

HUMANITARIAN & COMPASSIONATE (H&C) APPLICATION

This refers to your application for permanent residence from within Canada on humanitarian and compassionate grounds. Humanitarian and compassionate factors are assessed to determine whether an exemption from certain legislative requirements to allow your application for permanent residence to be processed from within Canada will be granted.

(If applicant is a protected person and has not submitted a protected person application for permanent residence (PPAPR), include this)

On (insert date), (the Immigration and Refugee Board or Citizenship and Immigration Canada [CIC]) accepted you as a Convention refugee or person in need of protection, therefore you are now a protected person in Canada. This means that you may apply for permanent residence as a protected person. Because of this, an application for an exemption on H&C grounds is no longer required and it is being returned to you. To request a refund of your application fees, you must send a letter to:

HPM Production
JET North
300 Slater St., 5th Floor
Ottawa, ON  K1A 1L1

with the following information:

  • your name;
  • your Canadian mailing address and telephone number;
  • the reason for the refund request; and
  • one of the receipts stamped by the bank.

Please allow up to eight weeks to receive your refund.

You can submit an application for permanent residence for protected persons.

OR (If applicant is a protected person and has submitted a PPAPR, include this)

On (insert date), you submitted a protected person permanent residence application.  Because of this, an application for an exemption on H&C grounds is no longer required and it is being returned to you. To request a refund of your application fees, you must send a letter to:

HPM Production
JET North
300 Slater St., 5th Floor
Ottawa, ON  K1A 1L1

with the following information:

  • your name;
  • your Canadian mailing address and telephone number;
  • the reason for the refund request; and
  • one of the receipts stamped by the bank.

Please allow up to eight weeks to receive your refund.

OR (If applicant has an outstanding SCLPC application pending, include this)

On (insert date), you submitted a permanent residence application under the Spouse or Common-law Partner in Canada (SCLPC) Class. Because of this, an application for an exemption on H&C grounds is no longer required and it is being returned to you. To request a refund of your application fees, you must send a letter to:

HPM Production
JET North
300 Slater St., 5th Floor
Ottawa, ON  K1A 1L1

with the following information:

  • your name;
  • your Canadian mailing address and telephone number;
  • reason for the refund request; and
  • one of the receipts stamped by the bank.

Please allow up to eight weeks to receive your refund.

The client number in the upper left corner of this letter is your personal identification number and it provides access to information on your file. For your own protection, do not allow any other person to use this number.

If you require clarification, wish to provide a change of address or other information, visit the CIC Web site at or telephone the Call Centre at 1 (888) 242-2100 (toll free).

Template letter B:

HUMANITARIAN & COMPASSIONATE (H&C) RESULTS

This refers to your application for permanent residence from within Canada on H&C grounds. H&C factors are assessed to determine whether an exemption from certain legislative requirements to allow your application for permanent residence to be processed from within Canada will be granted.

On (insert date), you obtained permanent resident status. As a result, you no longer require a separate application for an exemption on H&C grounds to allow you to be processed for permanent residence from within Canada, and therefore this application is refused.

The application fee that you paid for this application is not refundable. If you have paid the Right of Permanent Residence Fee, it will be refunded in eight to ten weeks.

The client number in the upper left corner of this letter is your personal identification number and it provides access to information on your file. For your own protection, do not allow any other person to use this number.

If you require clarification, wish to provide a change of address or other information, visit the Citizenship and Immigration Canada (CIC) Web site at or telephone the Call Centre at 1 (888) 242-2100 (toll free).

 

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