Update on special measures implemented for certain immigration applicants affected by COVID-19

April 08, 2020 − by Jonathan Mor − in Immigration − Comments Off on Update on special measures implemented for certain immigration applicants affected by COVID-19

Immigration, Refugees and
Citizenship Canada (IRCC) previously implemented special measures for applicants
for Canadian immigration benefits who have experienced disruptions due to
coronavirus disease 2019 (COVID-19), and are located in China, Iran, and South
Korea,.  These special measures were
discussed here.  IRCC has since provided additional guidance
on its COVID-19 special measures, which relate to applicants located abroad,
and in Canada.

While the previous guidance
related primarily to applicants located in China, Iran, and South Korea, IRCC’s
updated guidance now relates to all citizenship and immigration applications,
including those being adjudicated in Canada. 
More specifically, during the application process, while requests will
still be made for further documentation, including police certificates,
biometrics, passports, medical examinations (and any documents that must be
issued by Chinese, Iranian, or South Korean authorities), the following
accommodations will be provided:

  • Initial requests for documentation will
    automatically allow for a 90 day period to respond.
  • Applicants unable to comply with a previous
    request for documentation will be granted an additional 90 days to respond.
  • Applicants will automatically be given 90 days
    to give their biometrics at a visa application centre (despite the 30 day
    deadline noted in each biometric instruction letter).

IRCC has advised that it does not foresee
a significant expedited processing requirement, at least at this time.  Therefore, it has not issued specific
measures for expedited processing. 
However, the decision to expedite an application due to special
circumstances remains at the discretion of the Migration Program Manager of the
responsible IRCC office and the manager of the responsible processing office in
Canada. 

Applicants located in China, Iran
or South Korea, who seek discretionary consideration of their request for expedited
processing, in connection with applications for temporary residence (i.e.,
workers, students, and visitors), should make their requests to the IRCC
offices in:

  • China;
  • Hong Kong;
  • Ankara; and
  • Manila (application processing for applicants
    located in South Korea).

Instructions on how applicants
located in China, Iran, and South Korea should make requests for discretionary
expedited processing appear here.

For Canadian citizenship
applications, IRCC has also provided the following specific guidance:

  • For applicants who have missed appointment dates
    (i.e., knowledge tests or retests, interviews, hearings, or oath ceremonies),
    officers will reschedule these appointments once IRCC has been notified that
    the applicants have returned to Canada.
  • Applicants will be provided an additional 30
    days to comply with document requests once they have advised the local IRCC
    office that the have returned to Canada from China, Iran, or South Korea.
  • Applicants will be provided an addition 45 days
    to comply with requests for Medical Opinion forms upon their return to Canada.
  • Extra days spent in China, Iran, or South Korea
    (due to COVID-19) will not count as days in Canada for purposes of the physical
    presence requirement.

For permanent
residence applications, IRCC has also provided the following specific guidance:

  • The intake process for new applications will
    continue.
  • Incomplete applications (due to unavailable
    documentation) will be retained, and reviewed again in 90 days.  However, an explanation must be provided to
    establish that the documentation is unavailable due to service disruptions
    resulting from COVID-19.
  • Incomplete applications which do not include an
    explanation for the missing documentation may be rejected.
  • If supporting documentation continues to be
    missing during a subsequent review, the documentation will be requested again,
    with an additional 90-day deadline. 
  • For applicants located in Canada with dependants
    in China, Iran, or South Korea, while the processing of their applications will
    continue, they will not be granted permanent residence if their dependents are
    unable to travel.  Once their dependants
    are able to travel, applicants will be contacted regarding next steps.
  • Applicants who have recently been approved but
    have not completed the process of “landing” as a permanent resident are exempt
    from the prohibition on non-essential travel, and may travel to Canada to
    complete this process.  The prohibition
    on non-essential travel is discussed in detail here.  However, they are still subject to the
    mandatory obligation to self-isolate for a period of 14 days, discussed in
    detail here.





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