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Although Canada does not have the kind of
"alphabet soup" of temporary visa categories that the U.S.
has, Canada does have codes that may reflect the source of authority for
the issuance of that type of visa. For example, a number of work permit
applications do not require HRDC confirmation; they are referred to as
"confirmation exempt categories" (CEC). Each ground for
exemption is coded; e.g., an application based on significant benefit
would be CEC C10; an intracompany transfer would be CEC C12, and so on.
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The Players
Persons designated to make immigration
decisions in Canada are called immigration officers, who may also be
classified based on their particular duties and locale; for example, an
immigration officer at a visa post abroad is sometimes referred to as a
visa officer. In some cases, senior immigration officers will have the
final say in a matter, but generally, an immigration officer has the say
in the adjudication of any application.
Inland functions. The Immigration Department
handles virtually all immigration-related inland
matters, including
enforcement; decisions on humanitarian cases; inland grantings of
permanent residence (available in limited cases, discussed below);
renewals of temporary documents; any other immigration matters under its
mandate; refugee claim eligibility determinations or referrals to the
IRB; and PRRAs.
Enforcement issues. Immigration Officers
have various functions in this regard. First, they can write reports
when it appears that someone is in violation of Canada's immigration law
(e.g., an overstay). In some cases, they can also issue removal orders.
In other cases, these reports must be adjudicated by members of the
Immigration Division (see Tribunals below). Immigration Officers may
also be actively pursuing those with immigration violations, for arrest
and detention.
Humanitarian issues. H&C applications
are submitted to an inland office, and the examination and adjudication
is made by an inland immigration officer. there is a "hub and
spoke" system in this regard, in that all applications are sent to
one central location (in Vegreville, Alberta), and an officer there can
make the determination, or if it is felt that more information is
needed, the file can be passed to a local office, where the person may
be called for an interview.
Inland grantings of permanent residence. In
addition to H&C applications, certain typical applications for
permanent residence can be made inside Canada (otherwise, they must be
filed abroad). These include applications for those who have completed
Canada's live-in-caregiver program,
and inland spousal
sponsorships. Again, these are filed in Vegreville, but can be forwarded
to local offices if necessary.
Temporary status renewals. All inland
applications to renew any temporary status, including work permits and
study permits, are sent to Vegreville for determination by an officer
there, or for referral to a local officer.
In the event a claim to refugee status is
made by anyone in Canada, that is referred to a separate tribunal
dealing with refugee issues, explained further below. Refugee eligibility determinations/IRB referrals. Upon the making of a refugee claim, an applicant is screened for certain characteristics that may disqualify him or her from the ability to seek refugee status in Canada. For example, a criminal history may be a bar, or a previous refusal. If determined eligible, the matter is then referred to the Refugee Protection Division which adjudicates the case (more about that below).
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