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TERMINATION OF FEDERAL INVESTOR/ENTREPRENEUR CATEGORY

Discussion in 'Business Immigration' started by noosh, Jun 5, 2014.

  1. This is my first post in this forum, despite having anonymously followed it for years. Sadly, my first post isn't quite a positive one considering CIC's intent to terminate this program. Having waited for 6 years, like many others, and jumping through all the numerous hurdles to get our file at the final processing stage was quite a journey, that got cut short by CIC's announcement.

    I am not a legal expert/professional, so please do heed what I say with caution. My intention is to try to shed some light on this mess, and share my knowledge on this termination proposal. For example, CIC states "certain" applications will be cancelled, this has caused a lot of speculation. But bill C-31 which contains the immigration clauses, specifies exactly what this "certain" will entail. In summary, from bill C-31 (see below/online), it would simply mean if prior to 11/02/14 you have passed the selection criteria (e.g. for FIIP: business experience, net worth and investment) and the officer has acknowledged this on your file in CAIPS/GCMS then you are safe. Another safe position would be if prior to the royal assent of this bill, your application has been finalized (this Lubs mentioned). So hope for either two of these outcomes.

    So,
    1)For CIC to terminate the proposed programs, the Economic Action Plan 2014 Act, No. 1 has to receive royal assent and come into force. This bill is known as
    C-31 An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures.
    2)As of yesterday (04/06/2014), the bill is in the report state in the House of Commons, and typically in a few days, week, or who knows, it should clear the senate and receive royal assent.

    Extract from C-31, part 6, Division 20, clause 303:

    Federal Investor and Entrepreneur Classes
    Pending applications
    87.5 (1) An application by a foreign national for a permanent resident visa as a member of the prescribed class of investors or of entrepreneurs is terminated if, before February 11, 2014, it has not been established by an officer, in accordance with the regulations, whether the applicant meets the selection criteria and other requirements applicable to the class in question.

    Application
    (2) Subsection (1) does not apply to
    (a) an application in respect of which a superior court has made a final determination unless the determination is made on or after February 11, 2014; or
    (b) an application made by an investor or entrepreneur who is selected as such by a province whose government has entered into an agreement referred to in subsection 9(1).

    Effect
    (3) The fact that an application is terminated under subsection (1) does not constitute a decision not to issue a permanent resident visa.
    Fees returned
    (4) Any fees paid to the Minister in respect of the application referred to in subsection (1) — including for the acquisition of permanent resident status — must be returned, without interest, to the person who paid them. The amounts payable may be paid out of the Consolidated Revenue Fund.

    Investment returned
    (5) If an application for a permanent resident visa as a member of the prescribed class of investors is terminated under subsection (1), an amount equal to the investment made by the applicant in respect of their application must be returned, without interest, to the applicant. The amount may be paid out of the Consolidated Revenue Fund.

    Provincial allocation
    (6) If the provincial allocation of an investment made in respect of an application for a permanent resident visa as a member of the prescribed class of investors that is terminated under subsection (1) has been transferred to an approved fund, as defined in subsection 88(1) of the Immigration and Refugee Protection Regulations, the province whose government controls the approved fund must return an amount equal to that provincial allocation to the Minister without delay. The return of the amount extinguishes the debt obligation in respect of that provincial allocation.

    No recourse or indemnity
    (7) No right of recourse or indemnity lies against Her Majesty in right of Canada in connection with an application that is terminated under subsection (1), including in respect of any contract or other arrangement relating to any aspect of the application.
     
  2. So, what stage would one be if he receives Medical Exam letter?
     
  3. The medicals are part of admissibility criteria. I don't know what the internal operations exact steps would involve, i.e. do they wait for selection criteria to be met before issuing medical? That would seem quite logical right, but I cannot say for sure. It could also vary depending on the type of application.

    Perhaps, someone who has had their CAIPS/GCMS notes at the final stages could tell if their selection criteria was cleared first and then medicals requested.

    One thing I have learnt through this 6 years, there is a lot of uncertainity, waiting, guessing, speculating, and hoping. What else can we do right, since cases can vary from VO, to visa category, to individual situations.

    All the best Xpress, I hope you get the next instructions soon. What category did you apply under?
     
  4. It may also depend on when you received your medicals request and when you submitted them.

    My meds were requested in November 2013, were done in December 2013 and we received our passport request late February 2014.

    I believe once your meds were requested and submitted prior to February 11th 2014 you should be safe. Depending on how long it has been since you did the meds it may be a good idea to write your VO, quote the dates that the meds were requested and the dates they were done and ask for an update on your application. Otherwise you can also apply for an updated GCMS notes and see if there were any notes in your selection criteria fields.
     
  5. Yes I agree with sckel, medical instructions prior to February could be a positive sign. But I would still be cautious with it.

    Sckel have you received your PR card yet? And how long did the CIC sytem take to change your status to "complete" after your application was finalized?
     
  6. No I haven't received the PR cards as yet... The application status will only change to complete when you have done your landing.

    I cant say for sure how long it took to change but I checked it about 2 weeks after we landed and it was changed to complete.
     
  7. Hi noosh,

    Your first post is a very informative post.

    I have read an article on the BBC site regarding the termination of the Business visa's. According to this article the bill will be passed on June 26th.
    Lubs64
     
  8. Hi Lubs,

    yes it is expected to get royal assent around the 26th or sooner, since a third reading in the Senate just took place today, that's the last stage before royal assent. Quite sad that as applicants we are quite helpless. I know some applicants want to sue the government but from the past FSW's situation, that doesn't seem promising, would just be a painful journey to get hopes played with by lawyers at an expensive fee.

    What stage is your application at?
     
  9. Hi noosh,
    My application has been at the same stage for the last five years. It has been sitting on the shelve at CIC London and by the look of things it is about to end up in the bin.
    Suing the government is fine the only winners are the lawyers.
    Regards Lubs64
     
  10. Have you tried getting GCMS request on your file?
     
  11. Guys,

    Bill C-31 has just received royal assent. Here are the instructions from CIC:


    Terminated programs - Federal Immigrant Investor and Entrepreneurs

    On June 19 2014, Bill C-31 became law, and applications still in the backlog of the federal Immigrant Investor Program and Entrepreneur Program were terminated.

    If a selection decision was made on your application before February 11, 2014

    Your application is not affected and will continue to be processed.

    Even if you have not yet completed the required investment or submitted the results of your immigration medical exam, your application is not affected by this legislation.

    What is a selection decision?

    A selection decision means that an immigration officer has:

    determined whether the applicant meets the regulatory requirements of the program to which they applied;
    assessed the application against the points grid; and
    made a decision on whether the applicant meets the selection criteria of the program.


    If a selection decision was not made on your application before February 11, 2014


    Your application has been terminated. CIC will contact you, directly or through your immigration representative, to provide information on how your fees will be returned.

    All fees you paid to CIC will be returned without interest.

    If you applied under the federal Immigrant Investor Program and already made your investment, you will get your investment back, without interest.

    We will not reimburse other application costs such as language tests, financial audits, bank charges or representative fees.

    Note: There are a small number of cases where a selection decision was made on or after February 11, 2014, and the application was processed to completion, and a final decision was made before Bill C-31 became law. Those applications are not affected by the legislation.

    From:
    cic.gc.ca/english/immigrate/IIP-EN.asp
     
  12. Hi Lubs,

    But have you submitted all the supporting documents, the complete package that includes Schedule 6 etc? Because they use those documents to determine selection criteria eligibility. It is possible you may have passed the selection criteria even if you haven't heard from them. I would get the CAIPS/GCMS notes, and hope for the best.

    Best of luck to everyone.
     
  13. So, there is good news for those who got selected already.
     
  14. Read http://www.cic.gc.ca/english/resources/manuals/bulletins/2014/ob585.asp for the complete information.
     
  15. A) If the officer has not established whether the applicant meets the selection criteria prior to February 11, 2014, and the application has not received a final decision before June 19, 2014, then:
    - the application is terminated; and
    - fees paid to CIC are to be returned to the person who paid them.


    B) If the officer has established whether the applicant meets the selection criteria prior to February 11, 2014, and the application has not received a final decision before June 19, 2014, then:
    - processing of the application continues to a final decision; and
    - fees paid to CIC are not returned.


    C) If the officer has established whether the applicant meets the selection criteria on or after February 11, 2014, and the application has not received a final decision before June 19, 2014, then:
    - the application is terminated; and
    - fees paid to CIC are to be returned to the person who paid them.


    D) If the officer has established whether the applicant meets the selection criteria on or after February 11, 2014, and the application has received a final decision before June 19, 2014, then:
    - the final decision on the application stands;
    - necessary additional processing continues (e.g. issuance of Confirmation of Permanent Residence documents or refusal letters as required); and
    - fees paid to CIC are not returned.


    Source : http://http://www.cic.gc.ca/english/resources/manuals/bulletins/2014/ob585.asp
     

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