Public policies to facilitate the processing of applications Clearing the visitor visa backlog

The COVID-19 pandemic caused significant processing backlogs at Immigration, Refugees and Citizenship Canada (IRCC).

During the course of the pandemic, IRCC had to somewhat abandon the ‘first come first served’ basis when it came to processing temporary resident visas. The most notable example of this processing shift was arguably when, in the autumn of 2021, IRCC recommended that people who had submitted visitor visas before September 7, 2021, re-apply if their reason for travel was urgent or for the purpose of family reunification.

Even though the pandemic has substantially been over for some time, the backlogs have persisted.

On June 29, 2023, IRCC posted two public policies on its website.

The goal of the public policies are “facilitating the processing of applications currently in the inventory by streamlining eligibility requirements” in order to “position Canada for a clean start and a return to pre-pandemic processing times.”

The public policy

The public policy applies to people who (1) submitted visitor visa applications from outside Canada on or before January 16,

2023; (2) were 18 years of age or older when they applied; (3) had not had final refusals within four years of applying; and (4) did not apply under the Canada-Ukraine Authorization for Emergency Travel.

Until December 31, 2023, such individuals are exempt from having to show that they are not financially inadmissible to Canada, and from having to establish that they will leave Canada by the end of the period authorized for their stay.

As well, until December 31, 2023, individuals who are issued temporary resident visas under the public policy are exempt when they are trying to enter Canada from having to satisfy border officials that they are not financially inadmissible to Canada and that they will leave Canada by the end of the period authorized for their stay.

There is a similar public policy for those who submitted super visa applications.

Improper refusals

One of the odd things about the public policies is that, while they were only published on June 29, 2023, they technically came into effect on February 28, 2023.

It is not clear that all visa officers knew about them.

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Several have commented that IRCC has refused visitor visa applications for people who should have qualified under the public policies on grounds that the public policy exempts applicants from them.

Visa applicants with refusals after February 28, 2023, should double check when they applied and why they were refused, as it may be possible to set aside the refusal.

Uncertainties

Applicants with approved visitor visa applications under the public policy should, of course, still act with common sense when they arrive in Canada and be prepared to demonstrate both their finances and that they will leave Canada by the end of the period authorized for their stay.

There are several reasons for this. First, IRCC can revoke the public policies at any time, and there may be a gap between when they revoke the public policy and when they announce that they have revoked it. Second, while the public policies state that individuals entering Canada under them are exempt from having to establish that they will leave Canada by the end of the period authorized for their stay, it is not clear if Canada Border Services Agency (CBSA) still has to admit them if it is immediately obvious that they will not leave.

As a final comment, the implementation of these public policies is one of the most surprising measures that I have seen since during my time practicing immigration law. Previous governments or ministers may have either let the backlogs languish or cleared the backlogs by terminating/cancelling applications. Immigration Minister Sean Fraser went the other way, and essentially bulk approved them. Minister Fraser has been extremely busy in reforming numerous immigration programs, and these public policies suggest that stakeholders should continue to be prepared to expect the unexpected.

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