Operational Bulletin 360-A – September 22, 2014

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.

Entrepreneur Class Terms and Conditions

Summary

This Operational Bulletin (OB) provides instructions and relevant steps to be taken regarding unsolicited documents and records submitted to Citizenship and Immigration Canada (CIC) from persons landed under the now terminated federal entrepreneur class. It complements the instructions provided in OB 360.

Background

As of February 1, 2012, and further to CIC’s Strategic Review, active monitoring of terms and conditions (Ts & Cs) for entrepreneurs under section 98 of the Immigration and Refugee Protection Regulations (IRPR) was ceased except in cases where the conditions were obviously contravened and there were no extenuating circumstances contributing to the entrepreneur's failure to comply or satisfy the terms and conditions of the entrepreneur class.

Entrepreneurs were instructed not to provide evidence of compliance to CIC (such as the Mail-in Card for Entrepreneurs form [IMM 5548], the Entrepreneur Monitoring Report form [IMM 5486], the Application to Remove Entrepreneur Conditions form [IMM 5547] or any other related information) unless specifically requested by a CIC official.

A revised web notice was posted advising entrepreneurs that they are no longer required to provide any of the aforementioned documents unless requested by a CIC official.

Instructions

If an entrepreneur submits an unsolicited IMM 5548, IMM 5486 or IMM 5547 form, or any supporting documentation, CIC staff have no obligation to keep these unsolicited submissions. Any inquiries regarding documentation to meet Ts & Cs received by staff or the Call Centre should be referred to the appropriate page on the CIC website.

In the case where an entrepreneur has submitted documentation, CIC staff can offer the client the opportunity to arrange for the return of any original documents at the client’s expense or can return the originals with a letter notifying the client that the documents are not being retained, with the caveat that if information is required in the future, CIC will contact them.

Once staff has determined which documents are to be returned to the clients, due to the personal or business information contained in the submissions, any remaining documents must be disposed of in compliance with federal security and privacy protection standards, and in accordance with the Treasury Board Secretariat’s guidelines, “Retention and Disposal of Personal Information.”

Overseas missions should continue to counsel any remaining approved entrepreneur class permanent residence applicants to meet the conditions described in subsections 98(1) to (3) of the IRPR, with the stipulation that the evidence referenced under subsections 98(4) and (5) need only be provided if requested by a CIC official.

Border services officers at ports of entry should advise entrepreneur class permanent residents who have conditions recorded on their Confirmation of Permanent Residence that they no longer need to provide the monitoring card or complete an IMM 5547 form.

Inland officers should request the completion of an IMM 5547 form by an entrepreneur whose Ts & Cs are still outstanding only in cases where at least three years have passed since the entrepreneur became a permanent resident, and where there is information that may have a negative impact on the entrepreneur’s immigration status.

Citizenship officers should not delay applicants for a grant of citizenship if an entrepreneur has outstanding Ts & Cs under section 98 of the IRPR and there is no other information that may have a negative impact on the entrepreneur’s immigration status (non-computer-based entries, enforcement information indexes, 44 reports, etc.). After confirming that no such information exists, citizenship officers should indicate “Passed” in the relevant immigration clearance “Sub–activities” applet in the Global Case Management System.

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