
Federal
Court ordered that the applications of those involved in the lawsuit who had
applied before January 1, 2002 be assessed under the former Act before March 31,
2003. CIC complied with that order.
Following the Courts decision, many other people felt that their applications should also be reviewed. In June 2003, a Federal Court judge imposed an injunction on CIC, preventing the department from finally refusing any application which was filed prior to January 1, 2002. This injunction also requires the department to notify all applicants that could potentially be involved in a class action. CIC is in the process of complying with this injunction.
Minister Denis Coderre is proposing to amend the transition regulations to allow economic class applicants (skilled workers and business immigrants) who filed their applications for permanent residence before January 1, 2002 to be assessed under the former Immigration Act (and then under IRPA if refused under the former Act).
CIC also proposes to offer the same processing to:
Applicants in these last two groups will be required to advise CIC of their desire to be processed before January 01, 2005.
What is the new Permanent Resident Card?
The Canadian Government is providing all permanent residents with the opportunity to obtain secure proof of their status in Canada. A new permanent resident (PR) card will be given to all individuals who become permanent residents after June 28, 2002. Existing permanent residents may apply for the PR card beginning in September 2002. The PR card in most cases is valid for 5 years and renewable thereafter. In certain cases the PR card may be issued for only 1 year. While permanent residents are under no obligation to apply for a PR card, transportation companies (airlines) will not carry permanent residents to Canada without a valid card after December 31, 2003.
Residency requirements
A permanent resident must comply with a residency obligation with respect to every five-year period. The permanent resident complies with the residency obligation provisions if, for at least 730 days (2 years) in that 5 year period the permanent resident is physically present in Canada or is:
What are the Canadian government fees?
In the Skilled Worker category the principal applicant must pay a non-refundable processing fee of CDN$550. The accompanying spouse must also pay CDN$550. Accompanying children under 22 years of age each pay CDN$150 and those 22 years and older pay CDN$550. In addition, a refundable right of landing fee of CDN$975 is charged to each newly arriving immigrant 22 years of age or older.
In-Canada Application
Processing Times
(last updated October 15, 2003)
|
Type of Application |
Responsible |
Processing |
Current |
|
Temporary Residence Applications |
|||
|
Applying to Change Conditions or Extend Your Stay in
Canada |
CPC |
August 18, |
62 days |
|
Permanent Residence Applications |
|||
|
Protected Persons and Convention Refugees |
CPC |
April 28, |
174 days |
|
Humanitarian and Compassionate Cases |
CPC |
March 20, |
213 days |
|
Spouse or Common-Law Partner Class |
CPC |
April 28, |
174 days |
|
Live-in Caregiver |
CPC |
April 28, |
174 days |
|
Sponsorship Applications |
|||
|
Spouse, Common-Law or Conjugal Partner and Dependent Children |
CPC |
September 22, |
31 days |
|
Parents, Grandparents, Adopted Children and Other Relatives |
CPC |
April 22, |
186 days |
|
Permanent Resident Card |
|||
|
Applying for a Permanent Resident Card (initial, replacement or renewal)** |
CPC |
|
90 days |
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