July 19, 2013
NEWSLETTER

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Montreal, Quebec, Canada H3A 3P8
Tel: (514) 499-1170
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Email: info@canadaiip.com
Website: www.canadaiip.com


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NEW IMMIGRATION RULES AND PROCEDURES EFFECTIVE AUGUST 1, 2013
Effective August 1, 2013, several changes will be made to the immigration rules and procedures. New rules have been adopted regarding procedures for the intake and processing of certain applications for a selection certificate submitted by permanent workers, investors, businesspeople and self-employed workers. These new rules will be in effect from August 1, 2013 to March 31, 2014.

Hopefully this will help answer some of your questions and clarify some of the confusion regarding the interpretation of these rules. 
PERIOD OF INTAKE OF APPLICATIONS
Applications for a Certificat de sélection du Québec under the Investor Program will only be accepted between August 1st to 16th, 2013 inclusively. This period is fixed and will not be changed even should the number of applications received exceeds the existing threshold.

Applications submitted by candidates that can demonstrate an advanced intermediate level of French, as demonstrated by a standardized test, are not subject to the above period of intake and can file at any time during the current year up to March 31, 2014.

Applications received during August 1 and 16, 2013 and who have respected the submission requirements (details below) will be eligible to the random draw and will benefit from an equal opportunity to be selected and be processed.

For example, in the event that the Ministère receives 6,000 applications in Hong Kong and Montreal within this timeframe and all of these files have respected the requirements of submission, all of these files will participate in the random draw to determine the order of processing, notwithstanding when the file was received.

The processing order will not be established by when the file is received by the Ministère and therefore there is no advantage to submit the applications within the first days of the intake of applications.

An applicant submitting more than one application under the Investor Category during this timeframe will have all the immigrant investor applications rejected and returned to him/her.

If you apply under two different categories (e.g. entrepreneur and investor) then the first application to reach processing stage will be kept and the other one returned;

An application not having the Declaration of the applicant and/or is not duly completed and/or signed (see further obligatory documents) will be excluded from the random draw and will be returned to the applicant.  

REQUIREMENTS FOR SUBMITTING AN APPLICATION
All applications must be sent by regular mail only. Applications received by courier, messenger or hand delivered will be returned to the applicant.

Applications from China, Hong-Kong and Macau must be sent to Bureau d'immigration du Québec in Hong Kong, at the address following:

Bureau d'immigration du Québec à Hong Kong
c/o Consulate General of Canada
10th Floor, Tower 1, Exchange Square
8 Connaught Place, Central               
HONG KONG

Applications from any other territory must be sent to:

Direction du courrier et de l'encaissement - Section Gens d'affaires
Ministère de l'Immigration et des Communautés culturelles
285, rue Notre-Dame Ouest, 4e étage
Montréal (Québec) H2Y 1T8
CANADA

The stamp of the Ministère makes evidence of the date of receipt of the application by the Ministère.

It is requested that each envelope contains only one application and it is marked "DEMANDE DE CERTIFICAT DE SÉLECTION-INVESTISSEUR" inscribed clearly on the envelope.

Compliance with these instructions will prevent an application from being lost or confused with the usual daily mail and excluded from the random draw.
MAXIMUM NUMBER OF APPLICATIONS
The Ministère will accept a maximum of 1,750 application for a Certificat de sélection du Québec under the Investor Program, with a maximum of 1200 applications per country as of August 1, 2013. This decision will be enforce from August 1st, 2013 to March 31st, 2014.

  • For the purposes of the 1,200 per country maximum quota, China, Hong Kong and Macau will count as one country;
  • Place of birth determines which country's quota the client will use (and not country of residency);
  • Main applicant and spouse can submit two separate applications if they both match the definition of Investor.

Applications submitted by candidates that can demonstrate an advanced intermediate level of French, as demonstrated by a standardized test, are not subject to the maximum number of applications being accepted.

No application will be excluded from the draw, as long as the file is  sent by regular mail and is receive by the Ministère in the allocated timeframe.

The processing order of the applications received will be determined by random draw.

The procedure surrounding the random draw will be supervised by Direction de la vérification interne du Ministère. As soon as the procedure they will take is finalized it will be published in the Note de procédure aux opérations (NPI).

The principles surrounding the random draw can be summarized as follows:

  • The random draw is not to select 1,750 applications but rather through a software it will randomly reclassify all the applications received during the said period. This reclassification will determine the order of processing the applications received. For example, the last application received on August 16, as a result of this random draw could be at the forefront of the applications and be processed first.

  • Each application will be numbered at the time of receipt. The database will only randomly draw numbers. No personal information will identify the candidate, consultant or broker.

  • Depending on the order of priority established by this random draw, applications will then be examined in more detail to establish if they have provided all the mandatory documentation requested (details below).

  • The first 1,750 applications that have satisfied the document checklist will be processed and the processing fees will be collected. The application that are retained will receive a confirmation letter to that effect.

  • The surplus of files and the applications that did not meet the documentation checklist will be returned to the applicant with the processing fees.

  • In the event that the threshold of 1,750 applications are not achieved within this period, we can expect that another period in November 2013 will be reopened to allow the countries who have not reached their countries threshold.

DOCUMENTS THAT MUST BE SUBMITTED
Modifications have been made to the instructions and the document checklist. It will be necessary to familiarize yourself with the new Document checklist and procedures prior to submitting an application.

The documents requested  will be submitted in two stages: at the initial submission of the application and when the Ministère expressly requests it in writing 90 days prior to the analysis of the application, to complete and update the application.


The initial documents that must be submitted at the time of the filing of the application have drastically been reduced. The Document checklist will soon be posted online.

The New Application  form will be available on August 1, 2013, however you can submit files using the latest form.  

To reduce the costs, it has been requested to wait for the Ministère written request to complete and update the application pursuant to the documents listed in Section 2 of the Document checklist.

At the time of the initial submission of the application, all the documents listed in Section 1 of the Document checklist MUST be submitted as these documents cannot be submitted later.

The Ministère will pay close attention that the applications have all the documentation requested in Section 1. An application that does not have all the documentations and/or declarations and the forms are not completed and signed the application will not be accepted and will be returned.

The document "Déclaration du candidat" needs to be filled out and signed first. By completing and signing this document, the applicant confirms that he/she will only submit only one application under the immigrant investor program, during the intake of applications, and that he/she has clear intention to establish themselves in Quebec.

In Section 1 of the Document checklist, it states that at the time of the initial submission the applicant will have to provide all the bank statements of his/hers bank accounts and those of his/her spouse of the last six (6) months.

To be able to identify the Immigrant Investor applications, it is important that:
  • The mention of  NOUVELLE DEMANDE IMMIGRANTS INVESTISSEURS is inscribed visibly on the enveloppe containing the application;
  • The applicants Declaration be the first document of the application.

NEW FEE SCHEDULE
Effective August 1, 2013, the fee to an application for a Certificat de sélection du Québec is $10,000.00. As this fee covers your entire file, family members will not be required to pay additional fees

These fees are payable at the initial submission of the Immigrant Investor application which must be submitted by mail.

The methods of payment remain the same:

  • Bank draft drawn on a Canadian bank;
  • Canada Post money order;
  • Payments in cash and in traveller's check are not accepted.
Cheques must made payable to the Ministre des Finances du Québec and must include, on the reverse side, the name of the applicant in block letters. Payment in cash and traveller's cheques is not accepted.

DEPENDENTS OVER 22
Date of submission to the MICC will determine if you will be subject to the new rules regarding dependents. Thus only files submitted after the 1st of January 2014 will be subject to the new definition of dependents.
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