Operations Memoranda (OM) - Inland Processing

PURPOSE

As part of its efforts to more directly involve provincial governments in the immigration process, Canada and British Columbia entered into an Agreement on Cooperation on Immigration in May 1998. Annex C to that agreement establishes a Provincial Nominee Program for that province. This message is to provide details of a new agreement recently struck between the Province of British Columbia and Citizenship and Immigration Canada with respect to the issuance of work permits (WPs) to persons whom the province intends to nominate for permanent residency under the Business Skills and Projects categories of its Provincial Nominee Program.

BACKGROUND

Under British Columbia's Provincial Nominee program, there are separate Business Skills and Projects categories: the Business Skills component targets persons who have the intention, skills and resources to establish a business undertaking in that province; and the Business Projects component targets key staff essential to the success of business projects. While candidates for these categories are closely screened by provincial officials, there are typically many elements of the applicant's business plan that cannot be performed without the candidate being present in Canada with a valid work permit. This agreement will permit, on a limited basis, facilitation of the issuance of work permits to these candidates to permit at least partial performance of the business plan prior to the province's actual nomination of the candidate.

NEW PROCEDURES

1. Identification and processing of named candidates

Once a Business Skills or Projects candidate whom British Columbia wishes to have processed under this initiative is identified, provincial officials will directly contact the appropriate mission abroad to communicate the applicant's name and other necessary identifying information. The communication will take place between the same officials that currently serve as the principal contacts with respect to Provincial Nominee activity. Once identified, the candidate's application for a work permit is to be processed without the need of a confirmation opinion from Human Resources Development Canada.

Rather, the employment authorization is to be issued using existing confirmation exemption code C11, which is designed to accommodate prospective entrepreneurial immigrants seeking to establish a business and eventually land. We realize that this use will represent an extension beyond the definition for C11, which is limited to Temporary Resident Permit holders. Business Skills and Projects categories candidates who are subsequently nominated by British Columbia for permanent residency will be processed under the Provincial Nominee Class.

2. Considerations and Limitations

While CIC has made clear to B.C. our expectation that the province will have thoroughly assessed candidates that they wish to include under this initiative, it will still remain for the immigration officer to satisfy himself or herself that there are no medical, security or criminality concerns, and that the bona fides of the candidate are sound (ie. That the applicant's intentions are genuine, and that the applicant will return home voluntarily should his or her status in Canada expire). The province understands that in some cases discharging this responsibility will require making inquiries as to source of funds.

Due to its nature, this initiative will initially operate on a very limited basis, with a maximum of fifty person being nominated over the first two years. The work permits should be issued for a duration of 24 months. The initiative will commence September 16, 2002. If there are any cases where the province decides not to nominate the candidate due to lack of performance during the WP period, British Columbia has agreed to advise CIC of this intention prior to informing the candidate, so that we may take any appropriate steps that will ensure that the person will not remain in Canada beyond the expiry of the WP. If there are cases where an extension to the original work permit is requested, the officer processing the request should contact the Province of British Columbia (Deanna Chan, 250-952-0653 (telephone); 250-952-0657(fax)) to confirm the status of the applicant.

3. Other Processing Issues

Temporary Resident Visas: As part of its own assessment process, British Columbia will be requiring most applicants to attend an in-person interview with provincial ministry staff. Some of these candidates might require a Temporary Resident Visa in order to attend the interview.

Spouses and Common-law Partners: Operations Memorandum FW 01-04 (Dec. 3, 2001) was silent as to the treatment of spouses and common-law partners of business persons (entrepreneurs and self-employed) who held temporary status in Canada. Given the set of skills that most successful businesspersons must possess, and given that many of the participants under this initiative will be proceeding to permanent status, spouses and common-law partners of persons issued work permits under this agreement with British Columbia would be entitled to apply for their own open work permit similar to spouses and common-law partners of temporary foreign workers whose occupations are found in skill levels O, A or B of the National Occupation Classification system.

Medical Requirements: Applicants will have to meet the same medical requirements of any other work permit applicant in similar circumstances.

Point of Application: The current legislation will dictate at what point of service the applicant may apply. In the unlikely circumstance that one of the persons identified by the Province would be eligible to apply at a Port of Entry, provincial officials will be asked to contact CIC in advance to determine the most appropriate way to manage that person's application and entry.

4. Evaluation and Other Jurisdictions

In consideration of this facilitation, British Columbia has committed to carrying out a complete evaluation of the initiative, with CIC taking part in the development of the evaluation framework. Results of the evaluation activity will be made available to staff as appropriate.

Staff will be advised by Operations Memorandum if other jurisdictions become involved in this initiative. Such involvement would be limited proportionately to what has been agreed to with British Columbia. As well, similar commitments with respect to evaluation would be a prerequisite.