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Expected to Work/Barriers to Full Employment Policy & Procedures

Published Date: November 24, 2014
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04 Special Groups

Persons with Immigration Status

Assessing Eligibility and Verifying Immigration Status

AUTHORITY

Income Support, Training and Health Benefits Regulation, Section 10
Income Support, Training and Health Benefits Regulation, Section 12
Income Support, Training and Health Benefits Regulation, Section 13
Income Support, Training and Health Benefits Regulation, Section 28

POLICY

Family Class (Sponsored) Immigrants, Refugee Claimants, Refugees and Protected Persons, and persons who have Temporary Resident status who apply for Income Support:

  • Must declare their immigration status, and
  • Are expected to access any and all resources available to them prior to applying. 

Immigrants who have been a Permanent Resident in Canada less than 10 years must have their immigration status confirmed by Citizenship and Immigration Canada (CIC) (see below). In addition, there may be other circumstances where it may be appropriate to request confirmation from CIC on an individual’s immigration status (i.e., if the client has been a Permanent Resident for longer than three years, but does not have their Canadian Citizenship).

Note
Community and Social Services has a Memorandum of Understanding authorizing the sharing of information with CIC. Workers can disclose information only if the disclosure is necessary for the administration of Income and Employment and Supports Act and the federal Immigration and Refugee Protection Act.

Applicants who are eligible and able to work are to be actively seeking employment.

Substantiation

  • Permanent Resident Card or IMM 5292 Confirmation of Permanent Residence or IMM 1000 Record of Landing or Verification of Status.
  • Completed EMP 3827 Request for Non-Family Class Information or EMP 3828A Request for Family Class Information for immigrants who have been a Permanent Resident in Canada less than 10 years or when appropriate based on the individual’s circumstances.


Procedures For Verifying Immigration Status
Generally, communication with CIC is completed by fax and CIC usually responds within two working days. If an urgent reply is required the worker may call the appropriate CIC office to request an immediate response.

Applications for permanent residence and temporary residence visas are processed at missions abroad.

Extension of status, most inland applications for permanent residence, and work and study permits are processed by CIC at the Case Processing Centre in Vegreville.

Applications for Family Class sponsorship and inquiries and actions for defaulting sponsorships are processed through CIC’s Case Processing Centre in Mississauga (CPC-M). If an interview is required, or there is need for further investigation, sponsorship applications may be referred to a local CIC office.

Status Other Than Family Class (Sponsored)
If the client declares their immigration status is anything other than Family Class (sponsored):

  1. Community and Social Services staff has the applicant sign Section 1 of the EMP 3827 Request for Non-Family Class Information.
  2. Community and Social Services staff will complete Section 2 and fax the EMP 3827 Request for Non-Family Class Information to the CIC office in Winnipeg.
  3. CIC will complete and return Section 3 verifying the applicant’s immigration status.
  4. The worker enters the information from the EMP 3827 Request for Non-Family Class Information into Mobius Notes then shreds the document.


Family Class (Sponsored)
If the client declares their immigration status is Family Class (sponsored):

  1. Community and Social Services staff has the applicant sign Section 1 of the EMP 3828A Request for Family Class Information.
  2. Community and Social Services staff will complete Section 2 of EMP 3828A Request for Family Class Information.
    • The worker indicates to the CPC-M, by checking “Yes” or “No” in the appropriate box in Section 2, whether or not to send a letter to the sponsor warning them of a potential sponsorship default and reminding them of their obligations under their sponsorship agreement.
    • Community and Social Services may not wish to send a default warning letter in situations where the applicant’s safety may be in question (i.e., escaping abuse).
  3. Community and Social Services staff faxes the EMP 3828A Request for Family Class Information to the CPC-M.
  4. The CPC-M will return the EMP 3828A Request for Family Class Information with Section 3 completed verifying:
    • The applicant’s immigration status,
    • The length of undertaking, and
    • Whether or not a default warning letter has been sent to the sponsor.
  5. The worker enters the information from the EMP 3828A Request for Family Class Information into Mobius Notes then shreds the document.