Program delivery update - November 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.

Temporary resident visa requirement lifted for citizens of Chile and imposed for citizens of St. Kitts and Nevis

Summary

Effective November 22, 2014, paragraph 190(1)(a) of the Immigration and Refugee Protection Regulations (IRPR) was amended to exempt the citizens of Chile from the temporary resident visa (TRV) requirement and impose the TRV requirement for citizens of St. Kitts and Nevis.

Transitional Instructions – Chile

Following the coming into force of the amended regulation, officers will no longer process any TRV applications submitted to Citizenship and Immigration Canada (CIC) by citizens of Chile.

For the situations listed below, the following instructions apply:

  • Where a citizen of Chile has not yet submitted a TRV application to CIC by November 22, 2014, at 12:00 p.m. EST, but is in possession of a receipt indicating that the processing fees have been paid; the fee will be refunded upon the client’s request.
  • Where a citizen of Chile has submitted a TRV application which was received by CIC before November 22, 2014, at 12:00 p.m. EST (including applications submitted via any visa application centre [VAC] and online [e-Apps]) and where the fees have been processed in POS+ or online, but either the application is not yet in process or it is already in process but a final decision has not yet been made on the application, the following steps will be taken:
    1. The officer will withdraw the file and return the passport or identity documents (or both) to the applicant.
    2. The responsible CIC office will refund the processing fees (no action required by the applicant).
  • Where a citizen of Chile has submitted a TRV application which has been received by CIC on or after November 22, 2014, at 12:00 p.m. EST (including applications submitted via any VAC), where neither the processing fees nor the application has been processed by CIC, the following steps will be taken:
    1. The officer will return the passport or identity documents (or both) to the applicant.
    2. The responsible CIC office will not process any fees in POS+ or the Global Case Management System (GCMS) (no action required by the applicant).
  • Where a citizen of Chile has submitted a study or work permit application to CIC and the application has not been processed or finalized, CIC will continue processing the application (no action required by the applicant).

Note: If a TRV applicant has submitted an application via a VAC, the VAC service charge will not be refunded as the VAC has already provided a service. Any TRV applications submitted by the applicant via the VAC will be returned to applicants through the VAC.

Existing TRV holders (both single and multiple entry) who are citizens of Chile and have not yet travelled to Canada should be advised that they can continue with their travels as planned and must not remove or damage the counterfoil in their passport.

Where a citizen of Chile holds a valid study or work permit on the coming into force of the regulation and is outside of Canada, a TRV is not required to return to Canada. They may continue to use their study or work permit according to the validity dates of the permit.

Where said citizen is in Canada, the permit holder may remain in Canada and continue to work or study according to the validity date of their permit.

In both instances, applicants must continue to meet the requirements of both the Immigration and Refugee Protection Act (IRPA) and the IRPR to enter or remain in Canada.

Instructions for border services officers

Citizens of Chile no longer require a TRV to enter Canada. For persons who have a valid TRV, the counterfoil must not be cancelled.

Note: Citizens of Chile must continue to demonstrate that they meet all statutory and other requirements pertaining to entry into Canada and the granting of temporary resident status.

Service channels

Citizens of Chile continue to have access to e-Apps or VACs to submit study or work permit applications. Applications for a Travel Document (permanent resident abroad) can also be submitted through the nearest VAC.

Citizens who are from other visa-required countries but are residing in Chile can also apply online for a TRV or study or work permit application, or submit a paper application in person or by mail to the nearest VAC.

Transitional instructions – St. Kitts and Nevis

Following the coming into force of the amendment to the IRPR, overseas officers will process applications for temporary resident visas by nationals of St. Kitts and Nevis.

For the situations listed below, the following instructions apply:

  • Where a citizen of St. Kitts and Nevis has a valid study or work permit which has not yet been used to enter Canada, the following steps will be taken:
    • The citizen of St. Kitts and Nevis will be required to send their original letter of introduction back to the visa office along with their passport.
    • The officer will re-open the file, issue a new letter of introduction, and put a counterfoil in the passport.

Note: No additional fee will be required. The cost-recovery code “M09” is to be used, with a note added to the file explaining why the fees have been waived.

  • Where a citizen of St. Kitts and Nevis has a valid study or work permit which has been used to enter Canada as a temporary resident and they have left Canada to go anywhere other than the United States or Saint-Pierre and Miquelon, they will need to submit a completed TRV application along with the appropriate processing fee.
  • Where a citizen of St. Kitts and Nevis has a valid study or work permit which has been used to enter Canada and they will remain in Canada, they may continue to work or study according to the validity of their permit.

Instructions for border services officers

Pursuant to R298(2)(e), border services officers are advised that a 48-hour period is authorized from November 22, 2014, at 12:00 p.m. EST until November 24, 2014,at 12:00 p.m. EST, in order to accommodate citizens of the affected countries who seek entry into Canada and who were in transit at the time the amendment to the IRPR came into force. Officers conducting examinations of foreign nationals of St. Kitts and Nevis are to provide such foreign nationals with a temporary resident permit (TRP) under the following circumstances:

  • they were in transit to Canada before November 22, 2014, at 12:00 p.m. EST and seek to enter Canada before November 24, 2014, at 12:00 p.m. EST;
  • they are not in possession of any valid and subsisting TRVs; and
  • they are not otherwise inadmissible.

All persons allowed entry are to be issued a fee-exempt TRP printed on the IMM 1442 form. The cost recovery code to be entered in the Field Operations Support System (FOSS) is “M25.”

Service channels

Citizens of St. Kitts and Nevis can apply online for a TRV, or submit a paper application in person or by mail to the nearest VAC. Applications for a Travel Document (permanent resident abroad) can also be submitted through the nearest VAC.

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