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Ministerial Instructions

The Immigration and Refugee Protection Act (IRPA) of 2002 provides the legislative authority for Canada’s immigration program. IRPA contains various provisions that allow the Minister to issue special Instructions to immigration officers to enable the Government of Canada to best attain its immigration goals. Ministerial Instructions (MIs) are typically issued for limited periods of time, and can touch on a diverse range of issues, from temporary resident processing to federal skilled worker selection and application intake measures.

Ministerial Instructions for the Express Entry Application Management System

The Express Entry application management system will be primarily governed using Ministerial Instructions. These instructions are authorized by s.10.3(1) of the IRPA, which includes provisions that authorize the Minister to issue instructions to manage most features of the Express Entry system.

Express Entry Ministerial Instructions include:

  • The economic immigration programs included in Express Entry and associated eligibility criteria;
  • The electronic submission process a candidate must complete in order to submit an Express Entry profile, and any associated exemptions;
  • How candidates will be ranked in the Express Entry pool;
  • Information on invitation-to-apply draws;
  • Time limits for the maximum amount of time a candidate can be in the Express Entry pool, and if invited, how long they have to submit an application for permanent residence;
  • Candidate information that can be shared with third parties including other government departments; and,
  • How candidates will be notified about any matter relating to their expression of interest.

As required by IRPA, subsection 10.3(4), all Ministerial Instructions related to Express Entry must be published on IRCC’s website. Some Ministerial Instructions must also be posted in the Canada Gazette.

These Ministerial Instructions will come into force on January 1, 2015. The entire package of Ministerial Instructions has been posted in the Canada Gazette and on IRCC’s website.

Ministerial Instructions respecting invitations to apply for permanent residence under the Express Entry system

Note: IRCC is using a new approach to rank candidates who have the same CRS score and a new format for its Ministerial Instructions respecting invitations to apply for permanent residence under the Express Entry system. You can go to the invitation rounds page for the date and time of the round, the CRS of the lowest ranked candidate invited and the tie-breaking rule.

Ministerial Instructions respecting invitations to apply for permanent residence under the Express Entry system #125– September 4, 2019

The Minister of Citizenship and Immigration, pursuant to section 10.3(1)(i) and (j) of the Immigration and Refugee Protection Act, gives the annexed Ministerial Instructions Respecting Invitations to Apply for Permanent Residence under the Express Entry System (September 4, 2019).

Ottawa, September 4, 2019

Ahmed D. Hussen
Minister of Citizenship and Immigration

Ministerial Instructions respecting invitations to apply for permanent residence under the Express Entry system (September 4, 2019)

Interpretation

1 The following definitions apply in these Instructions.

eligible foreign national
means a foreign national whose expression of interest is in the express entry pool established by the Express Entry Instructions. (étranger admissible)
Express Entry Instructions
means the Ministerial Instructions Respecting the Express Entry System, as published in the Canada Gazette, Part I, on December 1, 2014, as amended from time to time. (Instructions concernant le système Entrée express)
general ranking
means the ranking of eligible foreign nationals relative to each other, regardless of the class under which they can receive an invitation. (classement général)
invitation
has the same meaning as in section 1 of the Express Entry Instructions. (invitation)

Invitations — Period

2 Invitations may be issued under these Ministerial Instructions during the period beginning on September 4, 2019, and ending on September 5, 2019.

Invitations — Number

3 The number of invitations that may be issued is 3,600.

Invitations — Rank

4 For an eligible foreign national to be invited to make an application, they must be ranked among the first 3,600 eligible foreign nationals in the general ranking.

Ministerial Instructions to establish permanent resident programs

Ministerial Instructions 7 (MI7): Start-Up Visa Program

Issued on March 30, 2013, IRCC’s seventh set of Ministerial Instructions (MI7) introduced the Start-Up Visa Program. The Start-Up Visa Program is a pilot program under the Economic Immigration Class which provides entrepreneurs with permanent residency and access to a wide range of business partners. Applicants for the start-up visa require a commitment from a designated Canadian angel investor group, venture capital fund or business incubator to support their business idea before applying to IRCC for permanent residence.

The Start-Up Visa Program is the first to be created under section 14.1 of the Immigration and Refugee Protection Act, which allows the Minister to issue instructions to create economic immigration programs that are limited to a duration of five years.

If the program proves successful during the five-year trial period and the Department wishes to maintain it, IRCC will formally introduce the new economic class in the Immigration and Refugee Protection Regulations.

On October 26, 2013, the Ministerial Instructions were reissued to include business incubators under the program. 

On November 22, 2014, additional revisions were made to the Ministerial Instructions that removed the educational requirement for applicants and added additional designated entities to the program.

On May 23, 2015, additional revisions were made to the Ministerial Instructions that added additional designated entities to the program.

On May 6, 2017, additional revisions were made to the Ministerial Instructions to update the list of designated entities under the program.

On August 19, 2017, additional revisions were made to the Ministerial Instructions to update program provisions and the list of designated entities (with a correction issued on September 16, 2017).

Ministerial Instructions 14 (MI14): Caregiver Program

Issued on November 29, 2014, IRCC’s fourteenth set of Ministerial Instructions (MI14) limit permanent residence applications through the Live-in Caregiver Program to foreign nationals whose initial entry to Canada was supported by a Labour Market Impact Assessment received by Service Canada on or before November 30, 2014. At the same time, MI14 established two new pathways to permanent residence for foreign nationals with Canadian work experience in caregiving occupations.

The Caring for Children Pathway and Caring for People with High Medical Needs Pathway have similar criteria as the Live-in Caregiver Program, but without the live-in requirement. In addition, the Caring for People with High Medical Needs Pathway identifies several specific health-care occupations that caregivers may gain experience in to qualify for permanent residence.

These new pathways were created under section 14.1 of the Immigration and Refugee Protection Act, which allows the Minister to issue instructions to create economic immigration programs that are limited to a duration of five years.

The new Home Child Care Provider and Home Support Worker classes, which were established in MI32, replace the Caring for Children and Caring for People with High Medical Needs classes. The Caring for Children and Caring for People with High Medical Needs classes closed to new applications on June 18, 2019.

Ministerial Instructions 16 (MI16): Immigrant Investor Venture Capital Class

Issued on January 23, 2015, IRCC’s sixteenth set of Ministerial Instructions (MI16) introduced the Immigrant Investor Venture Capital Class.

These Instructions are intended to support a broader strategy for business immigration reform by stimulating innovation and growth in the Canadian economy through the provision of at-risk capital from investors that can be actively invested in Canadian start-ups with high growth potential. They are also intended to attract immigrant investors who will be well prepared to integrate into the Canadian business landscape and society.

This new program was created under section 14.1 of the Immigration and Refugee Protection Act, which allows the Minister to issue instructions to create economic immigration programs that are limited to a duration of five years.

Ministerial Instructions 23 (MI23): Atlantic Immigration Pilot

Effective March 6, 2017, Immigration, Refugees and Citizenship’s (IRCC) twenty third set of Ministerial Instructions (MI23) introduced the Atlantic Immigration Pilot. The Atlantic Immigration Pilot consists of three programs designed to provide workers with permanent residency and facilitate their integration into the region with employer support. Eligible skilled immigrants and international graduate students with a job offer from a designated employer in New Brunswick, Nova Scotia, Prince Edward Island, or Newfoundland and Labrador and an endorsement from the province, can apply for permanent residence. The Pilot will run for three years until December 31, 2019.

The Atlantic Immigration Pilot is created under section 14.1 of the Immigration and Refugee Protection Act, which allows the Minister to issue instructions to create economic immigration programs that are limited to a duration of five years.

Ministerial Instructions 32 (MI32): Caregiver Program

On June 18, 2019, Immigration, Refugees and Citizenship Canada (IRCC) launched Ministerial Instructions to establish the new Home Child Care Provider and Home Support Worker classes. The new classes provide for the transition from temporary to permanent residence for foreign nationals in in-home caregiving occupations, mitigating worker vulnerability and reducing family separation.

The new Home Child Care Provider and Home Support Worker classes were created under section 14.1 of the Immigration and Refugee Protection Act, which allows the Minister to issue instructions to create economic immigration programs that are limited to a duration of five years, and where there are no more than 2,750 principal applicants in a class per year.

The new Home Child Care Provider and Home Support Worker classes replace the 2014 Caring for Children and Caring for People with High Medical Needs classes that were established in MI14, and which closed to new applications on June 18, 2019.

There are also Ministerial Instructions to: a) end the processing of new permanent residence applications under the Caring for Children and Caring for People with High Medical Needs classes; and b) introduce a refusal-to-process on new overseas Temporary Foreign Worker Program work permit applications for in-home caregiving positions located outside Quebec. These Ministerial Instructions also came into force on June 18, 2019 and authority is derived from section 87.3 of the Immigration and Refugee Protection Act, which allows the Minister to issue instructions to ensure that the processing of applications is conducted in a manner that will best support the attainment of immigration goals.

Ministerial Instructions for attaining other immigration goals

Applications are currently being processed under the following MIs:

Ministerial Instructions (MI1): Federal Skilled Workers

Under the first set of Ministerial Instructions (MI1) issued on November 29, 2008, IRCC began to limit the type of Federal Skilled Worker (FSW) applications received to the following categories:

  1. applicants with an arranged employment offer;
  2. applicants with work experience in one of 38 in-demand occupations; and
  3. applicants in Canada as students or temporary foreign workers.

MI1 was applied retroactively to FSW applications received on or after February 27, 2008.

Note that MI1 was superseded by MI2’s issuance

Ministerial Instructions (MI2): Federal Skilled Workers, Canadian Experience Class, Immigrant Investor Program

As part of the second set of Ministerial Instructions (MI2) released on June 26, 2010, IRCC capped the number of new FSW applications to be processed at 20,000, not including applications with an arranged employment offer. The Department also responded to evolving labour market trends by issuing an updated FSW eligibility list of 29 occupations, each capped at no more than 1,000 applications. In addition, FSW and Canadian Experience Class principal applicants became subject to mandatory language testing. MI2 also included a temporary pause on new federal Immigrant Investor Program (IIP) applications.

Note that FSWP and IIP provisions in MI2 have been superseded by those in MI3

Ministerial Instructions (MI3): Federal Skilled Workers, Immigrant Investor Program, Entrepreneurs

Effective July 1, 2011, the third set of Ministerial Instructions (MI3) further limited the intake of new FSW applications by lowering the global cap to 10,000, with sub-caps of 500 for each of the 29 priority occupations. It introduced an annual cap of 700 for new applications made under the federal Immigrant Investor Program, and also included a temporary moratorium on Entrepreneur applications while that program undergoes review.

Note that MI3 remains in effect despite the issuance of MI4

Ministerial Instructions (MI4): Parents and Grandparents, Federal Skilled Workers

On November 5, 2011, IRCC issued the fourth set of Ministerial Instructions (MI4), which introduced a temporary pause on new sponsorship applications for Parents and Grandparents for up to 24 months. It also created a new eligibility stream for international PhD students under the FSW Program, with annual applications capped at 1,000.

Ministerial Instruction regarding the Parent and Grandparent Super Visa

An additional Ministerial Instruction was issued on December 1, 2011, to introduce the Parent and Grandparent Super Visa. The Super Visa is a temporary resident multiple entry visa with a duration of up to ten years that will allow applicants to remain in Canada for up to 24 months without the need for renewal of their status.

Ministerial Instructions (MI5): Federal Skilled Workers, Immigrant Investor Program

Effective July 1, 2012, IRCC’s fifth set of Ministerial Instructions (MI5) introduced temporary pauses on accepting new applications to the Federal Skilled Worker (FSW) Program (with some exceptions) and federal Immigrant Investor Program (IIP). These pauses have no impact on FSWP and IIP admissions as they are set in the Annual Immigration Levels Plan and there are more than enough applications in our inventory to meet current and future admission targets for both these programs.

Note that MI5 supersedes MI3 measures related to FSW and IIP, but does not affect MI4.

Ministerial Instructions protecting vulnerable foreign workers from the risk of abuse and exploitation in sex trade related businesses

Effective July 14, 2012, ministerial instructions will direct immigration officers not to process any work permit applications from foreign nationals seeking employment in businesses that are in sectors where there are reasonable grounds to suspect a risk of sexual exploitation – namely strip clubs, escort services and massage parlours. In addition, effective July 28, 2012, foreign nationals issued new open work permits will be restricted from working in these sex trade-related businesses through a condition placed on their work permits.

Ministerial Instructions (MI6): Federal Skilled Trades Program

This set of Ministerial Instructions was issued to coincide with the coming into force of the Federal Skilled Trades Program (FSTP) on January 2, 2013. The Instructions specify that IRCC will process a maximum of 3,000 applications under this program each year, provided they meet certain criteria. Within the overall cap, a total of 43 occupations are eligible for FSTP processing under MI6. Of these, 26 occupations are not subject to sub-caps, while 17 occupations are limited to 100 applications each. FSTP applicants must also meet minimum language thresholds in order to be eligible for processing.

Ministerial Instructions 8 (MI8): Federal Skilled Workers

Effective May 4, 2013, the eighth set of Ministerial Instructions (MI8) lifted the general pause on the Federal Skilled Worker Program (FSWP). It re-established an eligible occupations stream, with an overall cap of 5,000 new applications and sub-caps of 300 applications in each of the 24 eligible occupations. MI8 coincided with the coming into force of the modernized FSWP, which included new minimum language requirements and mandatory educational credential assessments of foreign educational credentials. MI8 also re-set the cap for PhD applicants under the FSWP (1,000 new applications each year) and for the Federal Skilled Trades Program (3,000 new applications each year) to May 4, 2013 thru April 30, 2014. Lastly, the MI renewed the temporary pauses on the Immigrant Investor Program and the Federal Entrepreneur Program.

Ministerial Instructions 9 (MI9): Parents and Grandparents

On June 15, 2013, new Ministerial Instructions (MI9) were issued that manage the processing of new applications for sponsorship of Parents and Grandparents as a member of the family class. These MIs contain two measures. One, the temporary pause on the acceptance of new applications for sponsorship of Parents and Grandparents – which has been in place since November 5, 2011, and was due to expire in November 2013 – will remain in place until January 1, 2014, in order to align with the expected coming into force of program changes. Two, the MIs establish that beginning January 2, 2014, a maximum of 5,000 new complete applications for sponsorship of Parents and Grandparents will be accepted for processing each year. This limit, which is necessary to support the continued reduction of the current backlog of applications, will remain in place unless a new MI is issued in the future.

Ministerial Instructions 10 (MI10): Canadian Experience Class

On November 9, 2013, new Ministerial Instructions (MI10) were issued to manage the intake of new applications in the Canadian Experience Class (CEC). From November 9, 2013, to October 31, 2014, IRCC will accept a maximum of 12,000 new CEC applications. Most National Occupational Classification (NOC) skill level B occupations are further sub-capped at 200 applications each. Work experience in six NOC B occupations can no longer be used to qualify for the CEC. NOC 0 and A occupations are not sub-capped, but are subject to the overall cap of 12,000.

Ministerial Instructions 11 (MI11): Work permits

A Ministerial Instruction (MI) took effect on December 31, 2013, that directs immigration officers to suspend the processing of work permit applications from foreign nationals in cases where the labour market opinion associated with the work permit application has been suspended by Employment and Social Development Canada. A second MI to identify when an officer may revoke a work permit also took effect. These Ministerial Instructions were updated on May 7, 2016.

Ministerial Instructions 12 (MI12): Federal Skilled Workers, Federal Skilled Trades, Canadian Experience Class

Effective May 1, 2014, the twelfth set of Ministerial Instructions (MI12) re-set the application caps for the Federal Skilled Worker Program (FSWP), Federal Skilled Trades Program (FSTP), and Canadian Experience Class (CEC). In the FSWP eligible occupations stream, it established an overall cap of 25,000 new applications and sub-caps of 1,000 applications in each of the 50 eligible occupations. MI12 also re-set the cap for PhD applicants under the FSWP to 500 new applications each year. For the FSTP, the Instructions established a cap of 5,000 new applications per year, with sub-caps of 100 for each of the 90 eligible skilled trades. In the CEC, MI12 re-set the cap at 8,000 new applications per year, and maintained the existing NOC B occupational sub-caps and six ineligible occupations. Lastly, MI12 renewed the ongoing pauses on the Immigrant Investor Program and the Federal Entrepreneur Program.

Ministerial Instructions 13 (MI13): Processing of new and existing applications for temporary residence and permanent residence

Ministerial Instructions have been issued in order to assist in the prevention of the transmission and spread of the Ebola outbreak.

Effective October 31, 2014, IRCC will not process any new permanent resident or temporary resident applications and will stop processing existing temporary resident applications for which a final decision has not been made if the applicant has recently been in an Ebola-affected country.

For pending permanent resident applications, visas will not be issued unless the officer is satisfied the applicant has not been in an Ebola-affected country within the three months prior to finalization.

These measures are temporary to protect the health and safety of Canadians, and until further notice.

Ministerial Instructions 15 (MI15): Instructions for Managing Certain Permanent Resident Applications in the Economic Class

Effective January 1, 2015, the fifteenth set of Ministerial Instructions (MI15) will repeal all processing eligibility criteria (including the application caps and eligible occupation lists) for new applications in the Federal Skilled Worker Class, Federal Skilled Trades Class and the Canadian Experience Class. This repeal will not affect the actual processing of applications received prior to January 1, 2015, and considered under MI12. From January 1 onwards application intake will be governed by the criteria for the new Express Entry application management system.

MI15 will renew the pauses on the receipt of new applications for the Federal Immigrant Investor Class and the Federal Entrepreneur Class. These pauses will remain in effect until further notice.

Ministerial Instructions 17 (MI17): Instructions respecting the Immigrant Investor Venture Capital Class

On January 23, 2015, new Ministerial Instructions were issued to manage applications for permanent residence under the Immigrant Investor Venture Capital Class. These instructions came into force on January 28, 2015.

Under MI17, IRCC will accept permanent resident applications received under the Immigrant Investor Venture Capital Class from January 28, 2015, to February 11, 2015, or until a maximum of 500 applications are received, whichever comes first.

Ministerial Instructions 18 (MI18): Instructions respecting the Immigrant Investor Venture Capital Class

On February 13, 2015, new Ministerial Instructions were issued to manage applications for permanent residence under the Immigrant Investor Venture Capital Class.

Under MI18, IRCC will accept permanent resident applications received under the Immigrant Investor Venture Capital Class from February 13, 2015, to April 15, 2015, or until a maximum of 500 applications are received, whichever comes first.

Through MI17, IRCC also accepted applications from January 28 to February 11, 2015.

Ministerial Instructions 19 (MI19): Instructions respecting the Immigrant Investor Venture Capital Class

On May 23, 2015, new Ministerial Instructions were issued to manage applications for permanent residence under the Immigrant Investor Venture Capital Class.

Under MI19, IRCC will accept permanent resident applications received under the Immigrant Investor Venture Capital Class from May 25 to December 30, 2015. The first 60 complete applications will be processed. IRCC will also accept up to 60 additional applications that will be placed on a waiting list. The program may close earlier than December 30, 2015, if 60 immigrant investors are approved for permanent residence, or once 60 applications are in processing and 60 applications are on the waiting list.

Through MI17 and M18, IRCC also accepted applications from January 28 to February 11, 2015 as well as from February 13 to April 15, 2015.

Ministerial Instructions: Parents and Grandparents

Effective February 27, 2016, new Ministerial Instructions were issued to amend the Ministerial Instructions published on June 15, 2013 (MI9). The amendment doubled the number of Parent and Grandparent sponsorship applications accepted for processing from 5,000 to 10,000 in 2016. This cap increase fulfilled the Government’s commitment and reflects the importance of family reunification as a core immigration priority.

Also on February 27, 2016, a second set of Ministerial Instructions was issued, which would come into force on January 1, 2017. These Ministerial Instructions would replace the ones published on June 15, 2013 and amended on February 27, 2016, and would set the cap for Parent and Grandparent sponsorship applications at 10,000 per year going forward.

Both sets of Ministerial Instructions were subsequently repealed and replaced by MI21.

Ministerial Instructions 20 (MI20): Spouses, Partners and Dependent Children

Effective December 15, 2016, Ministerial Instructions require that applications for a permanent resident visa of the sponsor’s spouse, common-law partner, conjugal partner or dependent child made under the Family Class and applications to remain in Canada as a permanent resident of the sponsor’s spouse or common-law partner made under the Spouse or Common-Law Partner in Canada Class must meet the condition of being accompanied by the applicable documents listed in the applicable checklist. The Ministerial Instructions provide for a transition period during which applications made using the old forms and kits will continue to be accepted and not returned under the Ministerial Instructions until January 31, 2017.

Ministerial Instructions 21 (MI21): Parents and Grandparents

Effective January 1, 2017, Ministerial Instructions require that applications for a permanent resident visa of sponsors’ parents or grandparents made under the Family Class, as well as sponsorship applications made in relation to those applications, meet certain conditions in order to be processed. These conditions include the requirement that the sponsorship application be made by a person who, having indicated their interest in making a sponsorship application, has been invited to do so after being randomly selected by the Department, as well as the requirement that the sponsorship application indicates the same information as that of the person who has been invited to make such an application. These Ministerial Instructions maintain the annual cap of 10,000 complete applications and repeal previous Ministerial Instructions relating to the parent and grandparent program.

Ministerial Instructions 22 (MI22): Ministerial Instructions pursuant to subsection 24(3) of the Immigration and Refugee Protection Act Concerning Foreign Nationals affected by the U.S. Executive Order entitled “Protecting the Nation from Foreign Terrorist Entry into the United States”

Pursuant to the authority found in subsection 24(3) of the Immigration and Refugee Protection Act, I, Ahmed Hussen Minister of Citizenship and Immigration, hereby issue the following instructions:

Officers who are conducting assessments of foreign nationals who are citizens of Syria, Iran, Sudan, Libya, Somalia, Yemen and Iraq and who are seeking to travel to the United States from Canada but are refused entry due to the U.S. Executive Order entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” (hereinafter affected foreign nationals) may consider issuing a short-term temporary resident permit lasting up to 180 days.

The following criteria may be considered in deciding whether to issue a TRP to affected foreign nationals:

  • The affected foreign national had made travel arrangements to enter the United States and is not able to enter the United States due the above named Executive Order and:
    1. holds a visa or other document that is normally required to enter the U.S., and,
    2. is not inadmissible to Canada for any reasons other than that failure to obtain a visa under section 7 of the Immigration and Refugee Protection Regulations (IRPR) or an electronic travel authorization under section 7.1 of the IRPR and

The objective of these instructions is to ensure that foreign nationals present in Canada and who are affected by the above named Executive Order are able to maintain temporary resident status in Canada until they are able to resume travel to the United States or otherwise leave Canada at their earliest opportunity.

The present instructions are to be considered by officers for applications for a temporary resident permit made until 11:59 pm EDT April 30, 2017.

Ministerial Instructions 24 (MI24): Atlantic Immigration Pilot

Effective March 6, 2017, the twenty fourth set of Ministerial Instructions (MI24) were issued to manage the intake of new applications in the Atlantic Immigration Pilot. Under MI24, IRCC will process a maximum of 2000 permanent resident applications received under the Atlantic Immigration Pilot from March 6, 2017, to December 31, 2017.

Ministerial Instructions 25 (MI25): Parents and Grandparents

The Ministerial Instructions (MIs) for the Parents and Grandparents Program are being amended to reduce the period of time potential sponsors have to submit complete applications from 90 days to 60 days. This change allows the Department to send out additional rounds of invitations to apply for parent and grandparent sponsorship, helping us to meet our commitment of accepting 10,000 complete applications under this Program.

Ministerial Instructions 26 (MI26): Farmer Management Stream of Self-Employed Program

Effective March 10, 2018, the 26th set of Ministerial Instructions (MI26) were issued to temporarily suspend Immigration, Refugees and Citizenship Canada’s acceptance of new applications under the Farm Management Stream of the Self-employed Persons Program. Applications received before March 10, 2018, will continue to be processed and a decision rendered.

Ministerial Instructions 27 (MI27): Work permits

Effective June 12, 2017, as part of the Global Skills Strategy, Ministerial Instructions (MI27) were issued to commit to the processing of applications for work permits meeting certain conditions and, as applicable, the related applications for temporary resident visas and electronic travel authorizations, on a priority basis.

Ministerial Instructions 28 (MI28): Parents and Grandparents

Effective July 28, 2018, new Ministerial Instructions were issued to amend the Ministerial Instructions published on December 30, 2017 (MI25).

The amendment increases the number of complete parent and grandparent sponsorship applications accepted for processing in 2018 from 10,000 to 17,000. This increase demonstrates the Government’s ongoing commitment to family reunification.

Ministerial Instructions 29 (MI29): Parents and Grandparents

Effective January 1, 2019, new Ministerial Instructions were issued to amend the Ministerial Instructions published on August 11, 2018 (MI28).

The amendment increases the number of complete parent and grandparent sponsorship applications that will be accepted for processing from 17,000 to 20,000 in 2019.

The amendment also sets out conditions that the interest to sponsor must meet in order to be accepted. These conditions include the requirement that the interest to sponsor be submitted within a maximum number predetermined by the Department. When indicating an interest to sponsor, individuals are also required to upload a copy of one of the acceptable status in Canada documents specified by the Department.

Invitations to submit a sponsorship application will be issued in the order in which the Department receives the interests to sponsor, until the maximum number of sponsorship applications to be accepted for processing is reached.

Ministerial Instructions 30 (MI30): Ministerial Instructions pursuant to subsection 24(3) of the Immigration and Refugee Protection Act concerning foreign nationals who are victims of family violence

The objective of these instructions is to provide protection to vulnerable foreign nationals who are victims of family violence or impacted by it, by regularizing their status in Canada, when appropriate.

Pursuant to subsection 24(3) of the Immigration and Refugee Protection Act, I hereby issue the following instructions that take effect on July 26, 2019.

An officer shall consider the following factors in assessing whether a foreign national is a victim of family violence:

  • whether the foreign national is physically located in Canada and experiencing abuse by their spouse or common-law partner while in Canada, including physical, sexual, psychological, or financial abuse, or neglect, and
  • whether the foreign national is seeking permanent residence that is contingent on remaining in a genuine relationship in which there is abuse, and the relationship to the abusive spouse or common-law partner is critical to the continuation of the individual’s status in Canada

The officer may be justified in issuing a temporary resident permit to a victim of family violence and their dependent child in Canada for a minimum of 6 months, taking into consideration any of the following factors:

  • to provide a period of reflection for victims of family violence who are out of status to further consider their immigration options
  • to allow victims of family violence to escape the influence of their abuser so that they can make an informed decision on a future course of action
  • the individual’s ties to Canada
  • child custody or other family law related issue
  • for any other purpose the officer may judge relevant to facilitate the protection of vulnerable foreign nationals who are victims of family violence

A subsequent temporary resident permit may also be justified, taking into consideration the above factors.

Ahmed Hussen, P.C., M.P.
Minister of Citizenship and Immigration
Dated at Ottawa, June 14, 2019

Ministerial Instructions 31 (MI31): Ministerial Instructions for out-of-status construction workers in the Greater Toronto Area

The objective of these instructions is to grant foreign nationals (and their family members ) applying to the Temporary Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area the authorization to remain in Canada, when applicable, while their application for permanent residence is processed. Pursuant to subsection 24(3) of the Immigration and Refugee Protection Act (Act), I hereby issue the following instructions which will take effect on January 2, 2020:

An officer assessing an application for a Temporary Resident Permit (TRP) for a foreign national who has submitted an application for permanent residence under the Temporary Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area is justified in issuing a TRP, valid for at least six months, if they are of the opinion that it is justified in the following circumstances:

  • The foreign national (and family members) are inadmissible only pursuant to any of the following: paragraph 40(1)(a) and sections 41, 42 of the Act, and for no other reasons than overstaying their temporary resident status and working without authorization; and
  • The application for permanent residence includes a referral letter from the Canadian Labour Congress attesting that the applicant meets the public policy conditions.

Family members are defined as persons who meet the definition of a “family member” in subsection 1(3) of the Immigration and Refugee Protection Regulations (Regulations) as assessed by a delegated officer.

When the TRP is issued for more than six months, the foreign national will also be allowed to apply for an open work permit under paragraph R208(b) of the Regulations. In cases where the TRP holder is authorized to work or study, the validity of the work permit or study permit should be the same as the TRP.

Should additional inadmissibilities be discovered during the processing of the application for permanent residence, an officer may cancel this TRP and prepare a report under section 44 of the Act.

A TRP may be cancelled at any time and there is no guarantee that it will be valid for the entire duration of the processing of the permanent resident application or that a subsequent TRP will be issued. A TRP holder must leave Canada upon cancellation of their TRP by an officer. A TRP is no longer valid if the TRP holder leaves Canada and does not have authorization to re-enter, or becomes a permanent resident of Canada.

A TRP does not void, stay, or otherwise suspend the enforcement of a removal order, whether that removal order was issued before or after the foreign national applied under the public policy.

Ahmed Hussen, P.C., M.P.
Minister of Citizenship and Immigration
Dated at Ottawa, July 4, 2019

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