Fee refund instructions for terminated Federal Skilled Worker applications

Last Friday, Citizenship and Immigration Canada (CIC) issued a refund notice pertaining to the fees paid towards pre-February 27, 2008 Federal Skilled Worker (FSW) applications that were terminated as a result of the Jobs, Growth and Long-Term Prosperity Act (Bill C-38).

The enactment of Bill C-38 on June 29, 2012 unleashed sweeping changes to Canada’s immigration system, particularly to the FSW category. By operation of law, nearly 280,000 FSW applications that were submitted before February 27, 2008, and for which a decision was not made by an immigration officer before March 29, 2012, were terminated.

As of Friday, October 12 affected FSW applicants are advised to confirm their current contact information by completing and sending the Return of Processing Fee, Right of Permanent Residence Fee or Right of Landing Fee form (IMM 5741) to CIC in order to have their fee return processed.

Next, affected applicants will be placed in the following priority sequence:

  1. First Priority – an affected applicant or their representative who proactively contacted their visa office about their fees by letter or email between June 29, 2012 and October 12, 2012.
  2. Second Priority – an affected applicant or their representative who contacted their visa office about their fees after October 12, 2012, and who submits the IMM 5741 form.

For cases in which payment information or mailing addresses are either missing or incomplete, CIC will identify such cases, and provide further instructions to individual visa offices before any fee refunds are processed.

Note: As stated on the CIC website, interest will not be paid on the fees.

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