Canada’s immigration department frequently requires detailed information from applicants to process their applications.
However, many newcomers find there is limited information on how Immigration, Refugees and Citizenship Canada (IRCC) gathers and utilizes their data.
Drawing from IRCC resources, CIC News has outlined how the department collects, uses, retains, and disposes of newcomers' information in two key areas:
1. International student (study permit) applications
2. Economic permanent residence (PR) applications
General Use of Newcomer Information
IRCC primarily utilizes the information provided by newcomers for two key purposes: immediate application decision-making and broader analysis to enhance its programs and policies.
How Newcomer Information is Used
1. Program Eligibility: Evaluating whether a candidate qualifies for a specific immigration or settlement program.
2. Admissibility: Assessing if a candidate meets Canada’s legal, health, and security criteria for entry or residency.
3. Application Decisions: Making determinations on immigration applications, including visas, permanent residence, and citizenship.
How Newcomer Information is Analyzed
- Policy Development: Identifying trends and challenges to inform policies that align with Canada’s immigration goals.
- Program Delivery: Evaluating program performance to enhance accessibility and effectiveness for newcomers.
- Client Satisfaction: Gathering insights into the newcomer experience to improve service delivery and support.
- Building Public Trust: Ensuring transparency, accountability, and fairness in immigration processes to maintain public confidence in the system.
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Economic Permanent Residence (PR) Applications
Economic PR applicants are skilled individuals selected by IRCC to support Canada’s economy through various immigration programs.
Who is Considered an Economic PR Applicant?
Economic PR applicants may come from several programs, including:
- Federal Programs: Federal Skilled Workers Program (FSWP), Federal Skilled Trades Program (FSTP), Canadian Experience Class (CEC).
- Provincial Programs: Provincial Nominee Program (PNP) streams for economic immigrants.
- Quebec Programs: Quebec Skilled Workers Program (QSWP) and Quebec Business Immigrant classes.
- Business and Start-up Programs: Self-Employed Persons, Start-up Visa, and previous investor categories.
- Special Programs: Pilot programs, including streams in the Atlantic Immigration Program (AIP) and Rural and Northern Immigration Pilot (RNIP).
What Information is Collected from These Applicants?
The personal data collected from applicants varies by program and individual responses. Information typically includes:
- Personal Details: Name, date of birth, place of birth, contact information, marital status.
- Biographical Information: Education and employment history, family details, citizenship, and residency history.
- Official Documentation: Passport numbers, criminal record checks, military or police service records.
- Medical and Biometric Data: Health records, biometric data (fingerprints, photographs).
- Immigration History: Previous entry/exit records, removal orders, prior applications to Canada.
- Employment-Related Information: Job offers, intended occupation, Labour Market Impact Assessments (LMIAs).
How is the Information Used?
IRCC employs this information to:
- Assess Eligibility and Admissibility: Verifying if applicants meet economic program criteria and ensuring compliance with legal, security, and medical standards under the Immigration and Refugee Protection Act (IRPA).
- Reach Application Decisions: Facilitating approval, refusal, or further investigation of applications.
- Program Administration and Quality Control: Conducting audits, evaluating service delivery, and ensuring consistent enforcement of immigration policies.
IRCC may also share information with third parties in Canada to assist with application processing, including:
- Canada Border Services Agency (CBSA)
- Royal Canadian Mounted Police (RCMP)
- Provincial and territorial immigration authorities for PNP streams
- Employment and Social Development Canada (ESDC) for job offer validation
- Global Affairs Canada (GAC) and Health Canada for immigration-related processes
Aggregated and de-identified data may also be shared with research institutions and other organizations for statistical analysis and policy planning.
How is the Information Retained and Disposed Of?
Retention periods for applicant data vary based on the application status and outcome:
- Express Entry Profiles: Retained for up to 5 years after the last administrative action.
- Approved PR Applications: Retained for up to 65 years after the last administrative action.
- Admissibility Issues: Retained for 5 years following the last administrative action.
Biometric data is stored for a minimum of 15 years unless certain conditions apply, such as becoming a permanent resident or making a refugee claim, in which case it is retained until the individual’s 100th birthday.
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International Student (Study Permit) Applications
International students are foreign nationals seeking to enter Canada on a study permit for educational purposes.
What Information is Collected from These Applicants?
The data collected varies by individual responses, typically including:
- Personal Details: Name, date of birth, place of birth, contact information, marital and family status.
- Biographical Information: Education and work history, citizenship status, last permanent residence.
- Official Documentation: Passport numbers, criminal record history, military or police service records.
- Medical and Biometric Data: Health records, biometric information (fingerprints, photographs).
- Immigration History: Previous entry/exit records to and from Canada.
- Financial Information: Availability of funds and relevant financial details.
- Study-Related Information: Intended study program, educational institution, program terms.
- Accompanying Family Members: Information about accompanying family members and custodians (for minors).
- Third-Party Information: Details about bond depositors and custodians, and educational institutions.
- Other Information: Supporting documents and signatures.
How is This Information Used?
In addition to general uses related to application decisions and quality control, IRCC also uses this information for:
- Fraud Detection and Immigration Compliance: To identify and prevent immigration offenses.
- Research, Policy Development, and Auditing: For policy evaluations and program assessments.
- Analytics Development and Training: Enhancing application processing and compliance monitoring through data analytics.
IRCC shares selected information with government agencies for compliance and associated processes, including:
- CBSA for security screening
- CSIS and RCMP for security assessments
- ESDC for work and study program eligibility
- GAC, Health Canada, and Veterans Affairs Canada for specific cases
- Immigration and Refugee Board for hearings and appeals
- Department of Justice Canada for litigation involving immigration matters
Information may also be shared with third parties, such as Designated Learning Institutions (DLIs) and foreign governments, under various agreements.
How is the Information Retained and Disposed Of?
Retention of personal data depends on the application outcome:
- Approved Applications: Retained for 2 to 5 years after the last administrative action.
- Denied Applications: Retained for 5 years if based on security, criminality, medical, financial, misrepresentation, or non-compliance.
After the retention period expires, data is securely destroyed. Biometric data is collected under the IRPA and retained for at least 15 years from the last collection date unless longer retention applies.
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Requesting Information on Your Application
Newcomers can obtain detailed updates on their immigration applications by requesting Global Case Management System (GCMS) Notes through the Access to Information Act (ATI). The GCMS is IRCC's internal system for managing applications, and the notes provide insights into the application status and relevant information.
What Information is Included in GCMS Notes?
GCMS notes contain detailed information about the applicant and their immigration file, including:
- Application Information: Dates of receipt and processing, status, and assigned immigration officer.
- Collected Data: Any information submitted by the applicant or gathered by IRCC.
- Third-Party Submissions: Information provided by representatives acting on behalf of the applicant.
These notes are accessible to applicants whose cases have passed the R10 completeness check stage, which verifies that all necessary documents are included.
Who Can Request GCMS Notes?
- Canadian Citizens or Permanent Residents
- Individuals Currently Residing in Canada
- Applicants Outside Canada: Must use a Canadian representative to file the request on their behalf and complete a Consent for Access to Information and Personal Information Request form.
How Can Newcomers Request GCMS Notes?
To request GCMS notes, applicants need to submit an Access to Information and Privacy (ATIP) request online or by mail, providing their application number and Unique Client Identifier (UCI), along with a processing fee of $5 CAD.
Response Time and Processing
IRCC is required to respond to ATIP requests within 30 days under the Access to Information Act. This timeframe may be extended if the request involves numerous files or significant processing workload, in which case IRCC will notify the requester of the extension.
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