Temporary public policy creating two pathways to permanent residence to facilitate the immigration of certain Hong Kong residents

Background

On June 30, 2020, China imposed a national security law for Hong Kong, which criminalizes “secession, subversion, terrorism and collusion with foreign forces,” providing very broad definitions for these crimes which undermines rights and freedoms and may lead to discriminatory or arbitrary interpretation and enforcement.

Canada shares longstanding ties with the people of Hong Kong and is concerned with the deteriorating human rights situation there. In response to these concerns, the Government of Canada has put in place a number of facilitative measures to help Hong Kong residents come to Canada.

Public policy considerations

The Temporary public policy creating two pathways to permanent residence to facilitate the immigration of certain Hong Kong residents recognizes the contributions made by Hong Kong residents to Canada’s economy and social-cultural landscape through human capital, while also promoting democratic values.

By providing new pathways to permanent residence, the Government of Canada aims to encourage recent Hong Kong graduates and those with essential work experience to choose Canada as a place to study, work and settle. This public policy will facilitate granting permanent residence to eligible Hong Kong residents who are currently residing in Canada, along with their family members.

I hereby establish that there are sufficient public policy considerations justifying the granting of permanent residence, pursuant to section 25.2 of the Immigration and Refugee Protection Act (the Act), when foreign nationals (principal applicants and their in-Canada family members) meet the requirements set out in this policy and the conditions (eligibility requirements) described below. I further establish that there are public policy considerations that justify the granting of an exemption from the provisions of the Immigration and Refugee Protection Regulations (the Regulations) listed below to foreign nationals (family members outside Canada) who meet the conditions (eligibility requirements) for family members outside Canada.

Conditions (eligibility requirements) applicable to principal applicants

Based on the public policy considerations, delegated officers may grant permanent resident status to foreign nationals who meet the following conditions:

The foreign national

1. holds a passport issued by
   1. the Hong Kong Special Administrative Region of the People’s Republic of China, as defined by paragraph 190(2)(d) of the Regulations, or
   2. the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong, as defined by paragraph 190(2)(e) of the Regulations
2. has submitted an application for permanent residence with the applicable forms provided by the department in the application package for this public policy, or by the electronic means made available on the website of the department
3. has attained a level of proficiency of at least benchmark 5 in either official language for each of the 4 language skill areas, as set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens:
   1. this must be demonstrated by the results of an evaluation by an organization or institution designated by the Minister for the purpose of evaluating language proficiency under subsection 74(3) of the Regulations and
   2. the evaluation must be less than 2 years old when the permanent residence application is received
4. is physically present in Canada at the time when an application for permanent residence under this public policy is made, and at the time of granting of permanent residence
5. has a valid temporary resident status in Canada
6. intends to reside in a province or territory other than the province of Quebec
7. meets the criteria of either one of the following streams:
   1. Stream A:
      1. in the immediate 3 years preceding the date when the application is received, graduated from a post-secondary designated learning institution in Canada, as defined in section 211.1 of the Regulations with
         1. a degree
         2. a diploma for completion of a program that is at least 2 years in length or
         3. a graduate or post-graduate diploma, certificate or credential
            • for completion of a program that is at least 1 year in length. To be eligible, that program must require the completion of a post-secondary degree or diploma as a prerequisite for acceptance into the program and
            • the post-secondary degree or diploma must have been obtained no more than 5 years before the commencement of the graduate or post-graduate program
      2. the program of study was completed in any field of study, with at least 50% of the program of study (total courses) completed while physically present in Canada, either in class or online.
   2. Stream B:
      1. in the immediate 3 years preceding the date when the application is received, completed at least 1 year of full-time work experience, or the equivalent to 1 year of work experience through part-time work, in Canada:
         1. work can be completed in any skill level, but must meet the definition of work as per section 2 of the Regulations, and have been authorized by virtue of a work permit, work permit exemption under section 186 of the Regulations or a public policy under section 25.2 of the Act
         2. any period of employment during which the foreign national was engaged in full-time study or was self-employed shall not be included in calculating a period of work experience
      2. in the immediate 5 years preceding the date when the application is received, graduated with
         1. a degree from a post-secondary designated learning institution in Canada, as defined in section 211.1 of the Regulations or
         2. a foreign diploma, certificate or credential along with an equivalency assessment as defined in subsection 73(1) of the Regulations that indicates that the foreign diploma, certificate or credential is equivalent to a Canadian post-secondary degree or
         3. a diploma from a post-secondary designated learning institution in Canada, as defined in section 211.1 of the Regulations for completion of a program that is at least 2 years in length or
         4. a foreign diploma, certificate or credential, along with an equivalency assessment as defined in subsection 73(1) of the Regulations that indicates that the foreign diploma, certificate or credential is equivalent to a Canadian post-secondary diploma for a program that is at least 2 years in length or
         5. a graduate or post-graduate diploma, certificate or credential from a post-secondary designated learning institution as defined in section 211.1 of the Regulations
            • for completion of a program that is at least 1 year in length. To be eligible that program must require the completion of a post-secondary degree or diploma as a prerequisite for acceptance into the program and
            • the post-secondary degree or diploma must have been obtained no more than 5 years before the commencement of the graduate or post-graduate program or
         6. a foreign diploma, certificate or credential along with an equivalency assessment as defined in subsection 73(1) of the Regulations that indicates that the foreign diploma, certificate or credential is equivalent to a Canadian graduate or post-graduate diploma, certificate or credential for a program that is at least 1 year in length:
            • the graduate or post-graduate diploma program must have required the completion of a post-secondary degree or diploma as a prerequisite for acceptance into that program and
            • the post-secondary degree or diploma must have been obtained no more than 5 years before the commencement of the graduate or post-graduate program
8. is not inadmissible to Canada

Conditions (eligibility requirements) applicable to family members in Canada

In-Canada family members of a principal applicant who applies for permanent residence under this public policy are eligible to be granted permanent residence pursuant to this public policy if they meet the following conditions:

1. the foreign national is in Canada
2. the foreign national has been included as an accompanying family member in an application for permanent residence by a principal applicant under this public policy
3. the foreign national meets the definition of a “family member” in subsection 1(3) of the Regulations
4. the foreign national is not inadmissible pursuant to the Act and Regulations, and
5. a delegated officer has determined that the principal applicant meets all eligibility requirements pursuant to this public policy

Conditions (eligibility requirements) applicable to family members outside Canada

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 Regulations identified below when a foreign national meets the following conditions:

1. the foreign national residing outside Canada has been included as an accompanying family member in an application for permanent residence by a principal applicant under this public policy
2. the foreign national meets the definition of family member in subsection 1(3) of the Regulations
3. the foreign national is not inadmissible pursuant to the Act and Regulations, and
4. a delegated officer has determined that the principal applicant meets all eligibility requirements pursuant to this public policy

Provisions of the Regulations for which an exemption may be granted to the family member outside Canada

1. paragraph 10(2)(c) of the Regulations—the requirement to indicate the class prescribed by these Regulations for which the application is made
2. paragraph 70(1)(a) of the Regulations—the requirement to apply for a permanent resident visa as a member of a class referred to in subsection 70(2) of the Regulations
3. paragraph 70(1)(c) of the Regulations—the requirement to be a member of an immigration class, and
4. paragraph 70(1)(d) of the Regulations—the requirement to meet the selection criteria and other requirements applicable to that class

Approval in principle

Once a delegated officer assesses that a foreign national meets conditions 1 to 7 above, applicable to principal applicants, the delegated officer will approve the application in principle (first stage approval) under this public policy. For greater certainty, those with known inadmissibilities will not receive approval in principle. A final assessment of admissibility (second stage approval) will be conducted prior to granting of permanent residence.

Fees

Any applicable fees, including fees for processing an application for permanent residence or a permanent resident visa under subsection 25.2(1) of the Act, and the right of permanent residence fee, must be paid.

Start and end dates

This public policy revokes and replaces the Temporary public policy creating two pathways to permanent residence to facilitate the immigration of certain Hong Kong residents signed on April 6, 2021. It takes effect on June 1, 2021, and will expire on August 31, 2026. The public policy may be revoked at any time.

Applications received pursuant to this public policy on or after the coming into effect date and before the expiry date of the public policy will be processed under this public policy. If the public policy is revoked the applications submitted pursuant to this public policy, prior to the revocation, will be processed under this public policy.