CANADA - Priority Temporary Residence Processing Available to Iranian Nationals; Notice to Hinton Class Members
- Canada
- 09/25/2009
On September 16, 2009, the Canadian government issued Operational Bulletin 148, which provides instructions for officers inland and overseas who are assisting Iranian nationals in applying for temporary residence in Canada, particularly those with close family ties to Canadian citizens and permanent residents. The new procedures are set forth in the following six areas:
- New applications for temporary residence filed overseas: Effective immediately, Canadian visa offices in Abu Dhabi, Damascus, and Ankara are designated as processing offices to receive and process new temporary residence applications from Iranian nationals still in Iran. Applications will be accepted in person or by mail, and priority consideration will be given to those applicants with family emergencies or other compelling humanitarian circumstances.
- Medical and security requirements: All immigration requirements, including security and medical requirements, must still be met despite the implementation of these new procedures.
- Inquiries to the call center: Instead of Canadian citizens or permanent residents utilizing the call center to inquire how to advance the priority of a relative’s temporary residence application, the relatives overseas should demonstrate directly to the visa office how they will be negatively affected by delays.
- Temporary residence applications filed in Canada: No priority processing is necessary for inland applications, as applicants have implied status until a decision is made and notification is received. No special measures have been created as a result of the situation in Iran, but the Case Processing Center (“CPC”) in Vegreville can be notified of any extenuating circumstances that may create additional hardships and will take the same under advisement.
- Landings of protected persons: If an applicant has already submitted an application to the CPC for landing as a protected person and the application includes a person overseas who has been affected by the situation in Iran, those cases will be processed on a priority basis. The onus is on the applicant to identify the existing applications by notifying the Call Center.
- Processing fees: There is no fee exemption unless already prescribed by the Immigration and Refugee Protection Act and its Regulations.
For Call Center information please refer to www.cic.gc.ca/english/contacts/call.asp.
In a separate matter, the Canadian government issued an Operational Bulletin which provides an update on the Hinton v. Her Majesty the Queen lawsuit. This suit deals with a variety of services fees under the former Canada immigration acts and alleges that the Canadian government made a profit from these fees. Citizenship & Immigration Canada (“CIC”) has posted information on the Hinton lawsuit as required by the Federal Courts of Canada, but CIC is not taking any inquiries related to the suit. For those clients affected by this situation, please refer all inquiries to the Class Counsel in Canada at www.visalitigation.com
