Ministerial Instructions 62 (MI62): Ministerial Instructions with respect to the submission of online applications for temporary resident visas and other documents

These Instructions are published in the Canada Gazette in accordance with subsection 87.3(6) of the Immigration and Refugee Protection Act (the Act).

These Instructions are given, pursuant to section 87.3 and subsections 92(1.1) and (2) by the Minister of Citizenship and Immigration as, in the opinion of the Minister, these Instructions will best support the attainment of the immigration goals established by the Government of Canada.

These Instructions are consistent with the Act’s objectives, as set out in section 3.

Instructions are directed to officers who are charged with handling and/or reviewing certain applications for temporary resident visas, work permits and study permits, by establishing conditions that must be met before the processing of an application or request.

Considerations

Immigration, Refugees and Citizenship Canada’s commitment to reducing inventories and processing times requires measures that offer flexibility by allowing Immigration, Refugees and Citizenship Canada to continue to receive and redistribute applications where processing capacity exists.

Canada’s immigration objectives, as set out in section 3 of the Act, include the establishment of fair and efficient procedures to maintain the integrity of the Canadian immigration system.

Scope

These Instructions apply to new applications for temporary resident visas, work permits and study permits submitted to Immigration, Refugees and Citizenship Canada on or after the coming into force of these Instructions.

Applications from Outside Canada to be Submitted by Electronic Means - Temporary Residence

All applications for a temporary resident visa (including a transit visa), a work permit, or a study permit submitted for foreign nationals who are outside Canada at the time of application must be submitted using electronic means (apply online).

The following foreign nationals who are outside Canada submitting applications for temporary resident visas, work permits, and study permits may submit these applications by any other means that is made available or specified by the Minister for that purpose:

• Foreign nationals who are outside of Canada and who are unable to apply online, including for reasons of a disability, and require accommodation for the use of electronic means.
• Foreign nationals who hold an identity or travel document described in paragraph 52(1)(c) of the Immigration and Refugee Protection Regulations that was issued by a country, that does not prohibit travel to Canada, that the foreign national may use to enter the country of issue and that is of the type issued by that country to non-national residents, refugees or stateless persons who are unable to obtain a passport or other travel document from their country of citizenship or nationality or who have no country of citizenship or nationality; and,
• Foreign nationals applying for a work permit who are intending to perform work under an international agreement or arrangement between Canada and one or more countries concerning seasonal agricultural workers.

Retention/Disposition

Applications received by Immigration, Refugees and Citizenship Canada on or after the coming into force of the Instructions that were not submitted by electronic means will not be accepted and processing fees will be returned, except in the case of foreign nationals who may submit an application by any other means that is made available or specified by the Minister for that purpose, in accordance with these Instructions.

Repeal

The following Instructions are repealed, effective March 31, 2023: Ministerial Instructions 51 (MI51): Ministerial Instructions with respect to the submission of online applications for temporary resident visas and other documents due to reduced processing capacity during the COVID-19 (Coronavirus) pandemic, entered into force on April 1, 2022.

Effective date

These Instructions take effect on April 1, 2023.