Updated Public Policy to Support the Economic Mobility Pathways Pilot – Phase 2

Background: As a signatory to the Global Compact for Refugees, Canada has committed to exploring new ways for skilled refugees and other displaced people in need of protection to settle in a safe third country. Canada is committed to attracting talent from around the world to fill labour shortages and drive economic growth, for the benefit of all Canadians.

The Economic Mobility Pathways Pilot (EMPP) is Canada’s complementary pathways model for refugee labour mobility to allow refugees and other displaced people with the skills and qualifications to access existing economic immigration pathways, with some administrative facilitation measures to offset the circumstances of their displacement.

This public policy to support the EMPP is focused on pathways via regional economic immigration programs – namely, the Provincial Nominee Program (PNP), the Atlantic Immigration Program (AIP) and the Rural and Northern Immigration Pilot (RNIP) – where a local delivery partner (i.e. a province, territory, community-based economic development organization, or employer), together with settlement service provider organizations, helps ensure the successful settlement and integration of the newcomers and their families.

The goal of the EMPP is to provide durable solutions for refugees and other displaced people with the skills and qualifications that Canadian employers need. In this way, Canada is helping change the narrative from one that views refugees and other displaced people as a burden, to one that acknowledges that, with protection and safety, they have the skills, abilities and attributes will contribute to their new communities.

This public policy exempts EMPP clients overseas from some applicable requirements of the Provincial Nominee Class, the Atlantic Immigration Class and the Rural and Northern Immigration Pilot economic immigration pathways to make it easier for skilled refugees to access economic immigration.

Public Policy Considerations:

This public policy aims to address challenges faced overseas by refugees and other displaced people due to the circumstances of their displacement when applying for economic immigration pathways to Canada on the basis of their skills and qualifications.

Whereas refugees and other displaced people are welcome to apply for immigration to Canada under existing economic programs at any time, I recognize that they often face challenges due to conditions created by their displacement. Consequently, this public policy aims to eliminate some of these challenges by offering targeted facilitation measures that will be made available to eligible EMPP clients.

As such, I hereby establish that there are sufficient public policy considerations pursuant to section 25.2 of the Immigration and Refugee Protection Act (IRPA), justifying an exemption from provisions of the IRPA, the Immigration and Refugee Protection Regulations (IRPR) as well as the Ministerial Instructions (MIs) for the Rural and Northern Immigration Pilot pursuant to section 14.1 when foreign nationals meet the conditions (eligibility requirements) described below.

Part 1

Conditions (Eligibility Requirements) Applicable to the Foreign National (Principal Applicant):

Permanent Residence Application

Based on public policy considerations, delegated officers may grant an exemption from the requirements of the IRPA, the IRPR and the MIs identified below when a foreign national meets the following conditions:

The foreign national (principal applicant):

1. Applied for a permanent residence visa under section 70 of the IRPR
   1. as a member of the Provincial Nominee class described in section 87 of IRPR;
   2. as a member of the Atlantic Immigration class described in section 87.3 of IRPR; or
   3. as a member of the economic class referred to in subsection 12(2) of the IRPA and described under I. the Ministerial Instructions with respect to the Rural and Northern Immigration Community Immigration Class (i.e. RNIP);
2. At the time of application for permanent residence referred to in (a), has one of the following:
   1. a positive Refugee Status Determination (RSD) from either the UNHCR, or a refugee-hosting state;
   2. proof of being registered or recorded as a person of concern by the UNHCR, if a positive RSD has not been obtained yet or is not available in the state where the foreign national is residing at the time of their application;
   3. a refugee certificate with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA);
   4. proof of being registered or recorded as a person of concern by the UNRWA, if a refugee certificate has not been obtained yet; or
   5. a Trusted Partner Referral Letter, valid at the time of the application referred to in (a), issued by an organization with a Trusted Partner Arrangement with IRCC which provides that they have been assessed by the Trusted Partner to be:
      1. a person who has proof of having Temporary Protected Status issued by the hosting state where the foreign national is residing at the time of their application for permanent residence referred to in (a) and is a person in respect of whom there is no reasonable prospect, within a reasonable period, of a durable solution in a country other than Canada, namely (i) voluntary repatriation or resettlement in their country of nationality or habitual residence, or (ii) resettlement or an offer of resettlement in another country, as set out in paragraph 139 (1)(d) of the Regulations; or
      2. a person outside of Canada in respect of whom there is no reasonable prospect, within a reasonable period, of a durable solution in a country other than Canada, namely (i) voluntary repatriation or resettlement in their country of nationality or habitual residence, or (ii) resettlement or an offer of resettlement in another country, as set out in paragraph 139 (1)(d) of the Regulations and meets criteria as set out in section 96 of the Act or is a foreign national outside all of their countries of nationality and habitual residence and have been, and continue to be, seriously and personally affected by civil war, armed conflict or massive violation of human rights in each of those countries as per defined in section 147 of the Regulations;
3. If the foreign national does not have one of the documents listed in Part 1 (b), has been assessed by an IRCC Officer to:
   1. have proof of having Temporary Protected Status issued by the hosting state where the foreign national is residing at the time of their application for permanent residence referred to in (a); and to be a person in respect of whom there is no reasonable prospect, within a reasonable period, of a durable solution in a country other than Canada, namely: (i) voluntary repatriation or resettlement in their country of nationality or habitual residence, or (ii) resettlement or an offer of resettlement in another country, as set out in paragraph 139 (1)(d) of the Regulations; or
   2. Has been assessed by an IRCC officer to:
      1. have a Trusted Partner Referral Letter as described in Part 1 (b)(iii) issued by a Trusted Partner that has been placed on probation and/or has had their Trusted Partner Arrangement terminated after the Trusted Partner Referral Letter was submitted to IRCC;
      2. be a person in respect of whom there is no reasonable prospect, within a reasonable period, of a durable solution in a country other than Canada, namely: (i) voluntary repatriation or resettlement in their country of nationality or habitual residence, or (ii) resettlement or an offer of resettlement in another country, as set out in paragraph 139 (1)(d) of the Regulations; and
      3. be a Convention Refugee outside of Canada as defined in section 96 of the Act; or meet the Country of Asylum definition set out in section 147 of the Regulations.
4. Resided outside of Canada at the time of application for permanent residence under one of the economic pathways listed in (a).

Requirements of the IRPA, the IRPR and the Ministerial Instructions with respect to the Rural and Northern Community Immigration Class pursuant to section 14.1 of the IRPA, from which exemptions may be granted to the principal applicant:

For foreign nationals (principal applicants) who meet the eligibility requirements (conditions) listed above:

1. Paragraph 10(1)(d) of the IRPR – the requirement to provide evidence of payment of the applicable fees with respect to the permanent residence visa application;
2. Paragraph 295(1)(c) of the IRPR – the permanent residence visa application processing fee;
3. Subsection 315.1(1) of the IRPR – the fee for the provision of services in relation to the collection of biometric information;
4. In circumstances where there is a job offer, the respective requirements of section 9 of the Ministerial Instructions with respect to the Rural and Northern Immigration Community Immigration Class or paragraph 87.3(2)(g) of the IRPR for the Atlantic Immigration Class for settlement funds to be “…unencumbered by debts or other obligations…”
5. The requirement of subsection 3(1) of the Ministerial Instructions with respect to the Rural and Northern Immigration Community Immigration Class for the applicants to acquire one year full-time work experience or the equivalent in part-time work within a three year window (the three-year window being three years preceding the day on which the applicants made their application for permanent residence). The principal applicant may meet this requirement through work experience obtained at any time in the past;
6. The requirement of paragraph 87.3(2)(a) of IRPR for the Atlantic Immigration Class for the applicants to acquire one year full-time work experience or the equivalent in part-time work experience within a five year window. The principal applicant may meet this requirement through work experience obtained at any time in the past;
7. The requirement of subsection 6(b) of the Ministerial Instructions with respect to the Rural and Northern Community Immigration Class for the applicant to have obtained a foreign diploma, certificate or credential, along with an equivalency assessment that is less than five years old. The principal applicant may meet this requirement without an equivalency assessment;
8. The requirement of paragraph 87.3(9)(a) and (b) of the IRPR for the Atlantic Immigration Class that the foreign national hold, in the absence of a Canadian post-secondary educational credential or Canadian educational credential respectively, a foreign diploma, certificate or credential supported by an equivalency assessment. The principal applicant may meet this requirement without an equivalency assessment; and,
9. The requirement of paragraph 20(1)(a) and subsection 21(1) of the IRPA, as well as subsection 50(1) of the IRPR that a foreign national seeking to become a permanent resident must hold one of the documents identified under subsection 50(1) of the IRPR.

Part 2

Eligibility Requirements (Conditions) Applicable to Family Members (for the permanent residence application):

Based on public policy considerations, when processing an application for a permanent resident visa, delegated officers may grant an exemption from the requirements of the IRPA and the IRPR identified below when a foreign national meets the following conditions:

The foreign national:

1. has been included as an accompanying family member in an application for a permanent resident visa by a principal applicant seeking exemptions under Part 1 of this public policy and a delegated officer has determined that the principal applicant meets all conditions (eligibility requirements) in that Part;
2. resides outside Canada at the time of the principal applicant’s submission of a permanent resident application referred to Part 1(a); and
3. meets the definition of family member in subsection 1(3) of the IRPR.

Provisions of the IRPA and the IRPR from which exemptions may be granted to the family members of the eligible principal applicant:

1. Paragraph 10(1)(d) of the IRPR – the requirement to provide evidence of payment of the applicable fees with respect to the permanent residence visa application;
2. Paragraph 295(1)(c) of IRPR- the permanent resident visa application processing fee;
3. Subsection 315.1(1) of IRPR- the fee for the provision of services in relation to the collection of biometric information;
4. The requirement of paragraph 20(1)(a) and subsection 21(1) of the IRPA, as well as subsection 50(1) of the IRPR that a foreign nationals seeking to become a permanent resident must hold one of the documents identified under subsection 50(1) of the IRPR.

Part 3

Concepts and Definitions applicable for the purpose of this public policy:

A Trusted Partner Arrangement is a memorandum of understanding entered into between IRCC and an organization for the purpose of identifying and referring candidates for this public policy and the Public policy to facilitate issuance of permanent resident visas under the Federal Economic Mobility Pathways Pilot, and which authorizes the organization to issue Trusted Partner Referral Letters for applicants if the organization assesses that the applicant is:

1. a person who has proof of having Temporary Protected Status issued by the hosting state where the foreign national is residing at the time of their application for permanent residence referred to in (a) and is a person in respect of whom there is no reasonable prospect, within a reasonable period, of a durable solution in a country other than Canada, namely (i) voluntary repatriation or resettlement in their country of nationality or habitual residence, or (ii) resettlement or an offer of resettlement in another country, as set out in paragraph 139 (1)(d) of the Regulations; or
2. a person outside of Canada in respect of whom there is no reasonable prospect, within a reasonable period, of a durable solution in a country other than Canada, namely (i) voluntary repatriation or resettlement in their country of nationality or habitual residence, or (ii) resettlement or an offer of resettlement in another country, as set out in paragraph 139 (1)(d) of the Regulations and meets criteria as set out in section 96 of the Act or is a foreign national outside all of their countries of nationality and habitual residence and have been, and continue to be, seriously and personally affected by civil war, armed conflict or massive violation of human rights in each of those countries as per defined in section 147 of the Regulations;

Other Applicable Admissibility and Selection Criteria:

Foreign nationals eligible under this public policy are subject to all other applicable admissibility and eligibility requirements of the IRPA and IRPR not otherwise exempted.

Start and End dates:

This public policy revokes and replaces the Updated public policy to support the Economic Mobility Pathways Pilot (EMPP) – Phase 2 signed on November 18, 2022. This public policy takes effect on June 12, 2023 and ends when 500 applications from principal applicants have been received. The public policy may be revoked at any time.

Applications submitted on or after the day this public policy takes effect, until the day it is revoked or ends, will be processed under the public policy.