CHANGES TO CONSULAR VISA PROCESSES

Processing Procedures for Temporary Immigration Matters

Over the past few years, intake processing of temporary immigration applications (including work permits, study permits, and temporary resident visas) at Visa Posts outside Canada has changed drastically.

What has become the norm is that Visa Posts (which include Embassies, Consulates and High Commissions) delegate initial temporary immigration application intake to ‘Visa Application Centres’, or VACs. These VACs are external offices entrusted to streamline the flow of applications into the Visa Post by filtering the appropriateness of the application, and supporting documents. Once the VAC has received the application and is satisfied that it is properly completed, it then passes applications on to the Visa Post which reviews and adjudicates the matter. (In some cases, the VACs are unable to properly deal with cases that our out of the ordinary – which causes its own issues, and which is a separate topic of discussion.)

Meanwhile, over the past few years, it has also become possible to submit the same types of applications online. In such cases, the VAC has been completely bypassed with regard to any aspect of the particular application.

The benefit of one method over the other will depend on the specific case, and even with the above procedures, the law has always supported the notion that an application could always still be made directly to the Visa Post, if so desired.

Summary of What has Changed

It would seem that as time goes on, the VACs are taking over even greater processing responsibilities. Notably, until now, with an online application, when approval was granted and passports were requested, the passports could and would be forwarded to the Visa Post for finalization. However, recently, some Visa Posts are advising applicants that have filed their cases electronically to submit their passports for finalization to the VAC rather than directly the Visa Post. This is a break from previous protocol, which dictated that if the VAC was not involved in the initial intake, it would also not be involved in the balance of the case. Indeed, applicants are advised that submitting their passport directly to the Visa Post rather than the VAC in such situations could mean that the passport will be returned to the applicant without having been processed – which will of course be very frustrating, and in some cases, can be a serious issue.

Impact and Response

At this time, not every Visa Post appears to have adopted this policy, but it seems to be happening more and more. As such, it is very important to verify with the relevant Visa Post (usually with a simple online check) whether passports can or should be sent to the Visa Post, or to the VAC. Failure to adhere to the new requirements will cause delays.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.