Temporary public policy to facilitate the granting of permanent residence for French-speaking foreign nationals in Canada, outside of Quebec, with a recent credential from a Canadian post-secondary institution

Background

Supporting and assisting the development of minority official language communities in Canada is an objective of immigration. Efforts to increase Francophone immigration outside of Quebec are part of the Government’s plan for economic growth and long-term prosperity throughout the country. Canada has long valued international graduates as a source of key talent to help support economic growth and counteract the country’s aging demographic. By granting permanent resident status to recent international graduates with French language proficiency from Canadian institutions and who are currently employed in Canada, the economy will be able to continue to benefit from their training and expertise for pandemic recovery and into the future. In addition, these international graduates from both college and university programs have the education required to support their long-term economic establishment in Canada, but as a result of the pandemic may face challenges in qualifying and applying for permanent residence. The public policy responds directly to these pandemic-related by creating a temporary pathway which accelerates the expected trajectory that many international graduates take to permanent residence.

In November 2020, Canada announced a target of 401,000 admissions of new permanent residents in 2021 as part of its 2021-2023 Immigration Levels Plan. In light of the extended border closures and challenges in admitting new permanent residents from overseas, Canada has looked at temporary residents, including French-speaking temporary residents, currently in Canada who could contribute to economic immigration objectives. These foreign nationals, who are already employed in Canada and contributing to the labour market, represent the key talent that Canada strives to retain through economic immigration programming. In granting permanent residence to these individuals who have been granted a Canadian educational credential, Canada will be able to benefit from their education and experience over the long-term. By targeting French-speaking foreign nationals, not only are the economic objectives of the Immigration and Refugee Protection Act (Act) upheld, but Canadians will also see the social and cultural fabric of Canadian society enriched and strengthened, while respecting the bilingual character of Canada. In the absence of this public policy, it is unlikely that Canada would be in a position to welcome the ambitious level of French-speaking newcomers necessary to help support the country’s economic recovery and growth.

Public Policy Considerations

The pandemic has further highlighted the contribution of French-speaking foreign nationals to the well-being of our society. Communities across Canada benefit from the economic, social and cultural spin-offs of the arrival of French-speaking newcomers. French-speaking newcomers contribute to Canada’s economy by filling 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 international graduates with French language proficiency who have been granted an eligible Canadian credential, and who are currently employed in Canada, to provide an influx of talent across the economic landscape. In so doing, the public policy recognizes the economic contribution of recent French-speaking international graduates 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.

While applications for permanent residence have been accepted and processed throughout the pandemic, the global travel restrictions and capacity constraints have led to a shortfall in admissions, including French-speaking admissions. The 401,000 new admissions announced for 2021 in the 2021-2023 Immigration Levels Plan are key to ensuring Canada has the workers, including French-speaking workers, it needs to fill key essential positions and remain competitive in attracting global talent.

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 or an exemption from certain requirements of the Immigration and Refugee Protection Regulations (Regulations) to foreign nationals who meet the conditions (eligibility requirements) listed below.

Conditions (eligibility requirements) applicable to principal applicants

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

The foreign national must:

1. Have completed, prior to the date on which the application for permanent residence is received 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 program of study as 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 at the time 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. This 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 French for each of the four language skill areas, as set out in 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;
6. 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;
7. Intend to reside in a province or territory other than Quebec;
8. Have submitted an application for permanent residence 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;
9. Have submitted their application for permanent residence under this public policy using electronic means (apply online). Foreign nationals who, because of a disability are unable to meet the requirement to make an application, submit any document or provide a signature or information using electronic means may submit this application by any other means that is made available or specified by the Minister for that purpose; and
10. 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 (eligibility requirements) of this public policy must be 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 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 conditions (eligibility requirements) to receive permanent residence pursuant to 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 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 to receive permanent residence pursuant to 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.

Intake Cap

No cap will be applied to the public policy.

Fees

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, must be paid at the time of application.

Start and end dates

This public policy comes into effect on May 6, 2021 and will end on November 5, 2021. As with all public policies, this public policy may be revoked by the Minister, without prior notice.

Applications received pursuant to this public policy on or after May 6, 2021 up until November 5, 2021, or the date of revocation, if applicable, will be processed under this temporary public policy.

Annex A – Eligible Skilled Trades

Major Group 72, industrial, electrical and construction trades

7201 Contractors and supervisors, machining, metal forming, shaping and erecting trades and related occupations
7202 Contractors and supervisors, electrical trades and telecommunications occupations
7203 Contractors and supervisors, pipefitting trades
7204 Contractors and supervisors, carpentry trades
7205 Contractors and supervisors, other construction trades, installers, repairers and servicers
7231 Machinists and machining and tooling inspectors
7232 Tool and die makers
7233 Sheet metal workers
7234 Boilermakers
7235 Structural metal and platework fabricators and fitters
7236 Ironworkers
7237 Welders and related machine operators
7241 Electricians (except industrial and power system)
7242 Industrial electricians
7243 Power system electricians
7244 Electrical power line and cable workers
7245 Telecommunications line and cable workers
7246 Telecommunications installation and repair workers
7247 Cable television service and maintenance technicians
7251 Plumbers
7252 Steamfitters, pipefitters and sprinkler system installers
7253 Gas fitters
7271 Carpenters
7272 Cabinetmakers
7281 Bricklayers
7282 Concrete finishers
7283 Tilesetters
7284 Plasterers, drywall installers and finishers and lathers
7291 Roofers and shinglers
7292 Glaziers
7293 Insulators
7294 Painters and decorators (except interior decorators)
7295 Floor covering installers

Major Group 73, maintenance and equipment operation trades;

7301 Contractors and supervisors, mechanic trades
7302 Contractors and supervisors, heavy equipment operator crews
7303 Supervisors, printing and related occupations
7304 Supervisors, railway transport operations
7305 Supervisors, motor transport and other ground transit operators
7311 Construction millwrights and industrial mechanics
7312 Heavy-duty equipment mechanics
7313 Heating, refrigeration and air conditioning mechanics
7314 Railway carmen/women
7315 Aircraft mechanics and aircraft inspectors
7316 Machine fitters
7318 Elevator constructors and mechanics
7321 Automotive service technicians, truck and bus mechanics and mechanical repairers
7322 Motor vehicle body repairers
7331 Oil and solid fuel heating mechanics
7332 Appliance servicers and repairers
7333 Electrical mechanics
7334 Motorcycle, all-terrain vehicle and other related mechanics
7335 Other small engine and small equipment repairers
7361 Railway and yard locomotive engineers
7362 Railway conductors and brakemen/women
7371 Crane operators
7372 Drillers and blasters - surface mining, quarrying and construction
7373 Water well drillers
7381 Printing press operators
7384 Other trades and related occupations, n.e.c.

Major Group 82, supervisors and technical occupations in natural resources, agriculture and related production

8211 Supervisors, logging and forestry
8221 Supervisors, mining and quarrying
8222 Contractors and supervisors, oil and gas drilling and services
8231 Underground production and development miners
8232 Oil and gas well drillers, servicers, testers and related workers
8241 Logging machinery operators
8252 Agricultural service contractors, farm supervisors and specialized livestock workers
8255 Contractors and supervisors, landscaping, grounds maintenance and horticulture services
8261 Fishing masters and officers
8262 Fishermen/women

Major Group 92, processing, manufacturing and utilities supervisors and central control operators;

9211Supervisors, mineral and metal processing
9212 Supervisors, petroleum, gas and chemical processing and utilities
9213 Supervisors, food and beverage processing
9214 Supervisors, plastic and rubber products manufacturing
9215 Supervisors, forest products processing
9217 Supervisors, textile, fabric, fur and leather products processing and manufacturing
9221 Supervisors, motor vehicle assembling
9222 Supervisors, electronics manufacturing
9223 Supervisors, electrical products manufacturing
9224 Supervisors, furniture and fixtures manufacturing
9226 Supervisors, other mechanical and metal products manufacturing
9227 Supervisors, other products manufacturing and assembly
9231 Central control and process operators, mineral and metal processing
9232 Central control and process operators, petroleum, gas and chemical processing
9235 Pulping, papermaking and coating control operators
9241 Power engineers and power systems operators
9243 Water and waste treatment plant operators

Minor Group 632, chefs and cooks

6321 Chefs
6322 Cooks

Minor Group 633, butchers and bakers

6331 Butchers, meat cutters and fishmongers - retail and wholesale
6332 Bakers