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Temporary public policy to facilitate the granting of permanent residence for foreign nationals in Canada, outside of Quebec, who used an alternative format to apply to the Temporary Pathway to Permanent Residence and whose applications were received in excess of the application intake cap

Background

The Temporary Pathway to Permanent Residence took effect on May 6, 2021, to facilitate the granting of permanent residence for certain foreign nationals in Canada, outside of Quebec, who had recently graduated from a Canadian post-secondary institution or who had acquired Canadian work experience in an essential occupation. As part of these public policies, application intake caps were set limiting the number of applications that would be eligible.

These public policies include a provision that required all applicants to have submitted their application for permanent residence using electronic means. However, foreign nationals who, because of a disability were unable to meet this requirement, could submit their application using an alternative format. Applicants were provided with a two-week period, or until a stream’s intake cap was reached (which ever was longer), to submit their request for accommodation to submit their application using an alternative format. Since the International Graduate stream reached its intake cap in 25 hours, the two-week period helped ensure that applicants with disabilities were not disadvantaged due to the quick closure of a stream. To acknowledge the lag time between requests for accommodation being submitted and applications in alternative formats being received by the Department, applicants were assured that their applications would be processed if the request for accommodation was made before the intake cap was reached, even if it subsequently filled before the Department received the application in alternative formats.

Canada has long valued temporary residents as a source of key talent to help support economic growth and counteract the country’s aging demographic. By granting permanent resident status to temporary workers employed in essential occupations and recent international graduates from Canadian post-secondary institutions, the economy will be able to continue to benefit from their training and expertise for pandemic recovery and into the future.

Public Policy Considerations

The pandemic has highlighted the contribution of immigrants to the well-being of our society. Our economy relies on immigration to fill critical labour market needs across a wide variety of occupations and sectors, and as Canada rebounds from the global COVID-19 pandemic, there is an increased need to ensure stability in its workforce.

The public policy targets foreign nationals who are currently employed in Canada, and have either experience in an essential occupation or a recent Canadian post-secondary credential, to provide an influx of talent across the economic landscape. In so doing, the public policy recognizes the economic contribution of temporary residents and acknowledges Canada’s ongoing need for the talent, skills, Canadian education and work experience of these skilled immigrants, which has been exacerbated during this exceptional time.

The public policy allows foreign nationals with a disability, whom Canada wishes to retain as permanent residents, fair access to the program. Despite being received in excess of the established application intake caps, these applicants contacted the Department within the timeframes specified to request an accommodation due to a disability to submit their application, and have submitted their application within the timeframe indicated by the Department further to their request for accommodation.

Processing of these applications should proceed as other applications that were within the cap, including exemptions, where applicable, from undergoing an Immigration Medical Examination. This measure will streamline the health screening requirement for eligible applicants, while limiting risk to Canadians and the Canadian health care system.

Under this public policy, eligible in-Canada applicants, and their accompanying family members who are in Canada, would be exempt from the requirement to submit a new Immigration Medical Examination required under paragraph 16(2)(b) of the Immigration and Refugee Protection Act (Act) and paragraph 30(1)(a) of the Immigration and Refugee Protection Regulations (Regulations) if they have submitted an Immigration Medical Examination on or after May 6, 2016 and meet the conditions below.

As such, I hereby establish that, pursuant to my authority under section 25.2 of the Act, there are sufficient public policy considerations that justify the granting of permanent resident status and an exemption from certain requirements of the Act and Regulations to foreign nationals who meet the conditions (eligibility requirements) listed below.

Conditions (eligibility requirements) applicable to the principal applicant

Based on the public policy considerations, delegated officers may grant permanent residence to applicants who meet the conditions of either of the two following streams:

Stream 1 - International Graduate Stream:

The foreign national must:

  1. Have completed, prior to May 20, 2021 and no earlier than January 2017, a program of study at one of the following “Designated Learning Institutions” in Canada as defined in section 211.1 of the Regulations:
    • a public post-secondary institution, such as a college, trade/technical school, university or in Quebec CEGEP
    • a private post-secondary school in Quebec that operates under the same rules and regulations as public institutions in Quebec
    • a private or public post-secondary institution in Quebec offering qualifying programs of 900 hours or longer leading to a diploma of vocational studies (DVS) or an attestation of vocational specialization (AVS)
    • a Canadian private institution authorized by provincial statute to confer degrees under provincial law but only if the program of study completed was a degree as authorized by the province, which may not include all programs of study offered by the private institution.
  2. Have been granted one of the following credentials, following the completion of a program study from an eligible institution as defined in a):
    • a degree (Associate, Bachelor’s, Master’s, or Doctorate) which must be a degree issued on completion of a program of at least 8 months in duration;
    • a degree, diploma, certificate, or attestation issued on completion of a program of any duration leading to an occupation in a skilled trade (listed in Annex A); or
    • one or more diploma/certificate/attestation where the following conditions are met:
      • For diplomas/certificates/attestations, each program of study must be at least 8 months in duration and the combined length of the credential(s) must be equivalent to a two-year credential (at least 16 months in duration).
      • For the DVS and AVS, each program of study must be at least 900 hours in duration and the combined program of study must be at least 1,800 hours in duration.
        • When combining one AVS with one DVS, the length of the AVS may be less than 900 hours if the combined length is at least 1,800 hours.
      • For greater clarity, each combined credential must meet the eligible program requirements as defined in a), including the completion no earlier than January 2017.
  3. Have been authorized pursuant to the Act and Regulations to study throughout their education in Canada;
  4. Be employed in Canada with a valid permit or authorization to work pursuant to the Act and Regulations on the date on which the application for permanent residence is received and must not be self-employed, unless working as a medical doctor in a fee- for-service arrangement with a health authority. The employment must meet the definition of work under subsection 73(2) of the Regulations;
  5. Have attained a level of proficiency of at least benchmark 5 in either official language for each of the four language skill areas, as set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens. 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 the evaluation must be less than two (2) years old on the date on which the application for permanent residence is received;
  6. Reside in Canada with valid temporary resident status (or be eligible to restore their status) and be physically present in Canada on the date on which the application for permanent residence is received and when the application is approved;
  7. Have submitted an application for permanent residence which was received within the timeframe communicated to the applicant by the Department further to their request for accommodation due to a disability, using the forms provided by the Department for this public policy and which must include at the time of application all proof necessary to satisfy an officer that the applicant meets the conditions (eligibility requirements) of this public policy, except for evidence required to demonstrate physical presence in Canada at the time of application approval;
  8. Have contacted the Department to request an accommodation to apply using an alternative format to the Temporary public policy to facilitate the granting of permanent residence for foreign nationals in Canada, outside of Quebec, with a recent credential from a Canadian post-secondary institution as a result of a disability, no later than May 20, 2021;
  9. Included proof of payment for any applicable fees, including fees for processing an application for permanent residence or for a permanent resident visa under subsection 25.2(1) of the Act, and the Right of Permanent Residence Fee, at the time of application for permanent residence;
  10. Intend to reside in a province or territory other than Quebec; and
  11. The foreign national is not inadmissible under the Act and Regulations.

Stream 2 - Essential Work Experience Stream

The foreign national must:

  1. Have accumulated at least one (1) year of full-time work experience, or the equivalent in part-time experience (1,560 hours), in Canada, in an eligible occupation listed in Annex A or Annex B in the three (3) years preceding the date when the application for permanent residence is received. The one year of work experience must be obtained in one or more of the eligible occupations as follows:
    • Stream A: the one year of work experience must have been acquired in one or more occupations listed in Annex A. Experience cannot be combined with Annex B occupations.
    • Stream B: the one year of work experience must have been acquired in one or more occupations listed in Annex B, or a combination of occupations in Annexes A and B.
  2. Be employed in Canada in any occupation at the time that the application for permanent residence is received;
  3. The employment described in both a) and b) must meet the definition of work under subsection 73(2) of the Regulations, must have been authorized pursuant to the Act and Regulations and must not have been self-employed, unless working as a medical doctor in a fee-for-service arrangement with a health authority;
  4. Have attained a level of proficiency of at least benchmark 4 in either official language for each of the four language skill areas, as set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens. 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 the evaluation must be less than two (2) years old when the permanent residence application is received;
  5. Reside in Canada with valid temporary resident status (or be eligible to restore their status) and be physically present in Canada at the time the application for permanent residence is received and when the application is approved;
  6. Intend to reside in a province or territory other than Quebec;
  7. Have submitted an application for permanent residence which was received within the timeframe communicated to the applicant by the Department further to their request for accommodation due to a disability, using the forms provided by the Department for this public policy and which must include at the time of application all proof necessary to satisfy an officer that the applicant meets the conditions (eligibility requirements) of this public policy, except for evidence required to demonstrate physical presence in Canada at the time of application approval;
  8. The application referred to in (g) was received after the intake cap of the applicable stream of the Temporary public policy to facilitate the granting of permanent residence for foreign nationals in Canada, outside of Quebec, with recent Canadian work experience in essential occupations was reached and the foreign national contacted the Department to receive accommodation to submit their application in an alternative format due to a disability before the intake cap was reached;
  9. The foreign national is not inadmissible under the Act and Regulations.

While all supporting documentation necessary to assess whether a foreign national meets the conditions of this public policy must have been included at the time of application, officers retain discretion to request additional supporting documentation to confirm admissibility and eligibility throughout the processing of the application.

Conditions (eligibility requirements) applicable to family members in Canada:

In-Canada family members of a principal applicant who are captured 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 the application for permanent residence described in (g) of either stream 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 conditions (eligibility requirements) to receive permanent residence pursuant to this public policy under either Stream 1 or 2 of this public policy.

Conditions (eligibility requirements) applicable to family members abroad:

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 overseas has been included as an accompanying family member in the application for permanent residence described in (g) 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 conditions (eligibility requirements) to receive permanent residence pursuant to this public policy under either Stream 1 or 2 of this public policy.

Provisions of the Regulations for which an exemption may be granted to the family member abroad:

  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.

Provisions of the Act and Regulations for which an exemption may be granted to the principal applicant:

When processing an application for permanent residence captured under this public policy, delegated officers may grant an exemption from the requirements of the Regulations identified below, when a foreign national (principal applicant) meets the following conditions. This exemption would be determined as a first step when assessing applications under this public policy. The granting of this exemption in no way indicates that the foreign national will be granted permanent resident status pursuant to the public policy:

The foreign national (principal applicant):

Provisions of the Act for which an exemption may be granted:

Provisions of the Regulations for which an exemption may be granted:

Provisions of the Act and Regulations for which an exemption may be granted to family members in Canada:

In-Canada family members, of a principal applicant under this public policy, may be granted an exemption from the requirements of the Regulations identified below, when they meet the following conditions:

The foreign national (in Canada family member):

Provisions of the Act for which an exemption may be granted:

Provisions of the Regulations for which an exemption may be granted:

Start and End dates

This public policy takes effect upon signature. As with all public policies, this public policy may be revoked by the Minister, without prior notice.

The Honourable Marco Mendicino
Minister of Immigration, Refugees and Citizenship
Dated at Ottawa, 08-09-2021

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