Regional Economic Mobility Pathways Pilot (Regional EMPP): Determining admissibility
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
On this page
- Determining admissibility
- Medical examination
- Criminality
- Financial reasons (section A39)
- Inadmissibility for misrepresentation (section A40)
- Procedural fairness
- Instructions for Regional EMPP applicable programs
Determining admissibility
Like any other permanent residence applicant, Regional Economic Mobility Pathways Pilot (Regional EMPP) candidates must not be inadmissible to Canada. Once it has been determined that an applicant is eligible for Regional EMPP, the principal applicant and their family members, whether accompanying or not, must complete medical examinations and pass criminal and security checks.
Measures to address challenges faced by refugees and other displaced persons have been put in place for applications submitted under the Regional EMPP. When assessing admissibility, the IRCC officer must first refer to the admissibility instructions applicable to the program that the candidate applied to and must also take into consideration the measures below which apply to Regional EMPP candidates.
Medical examination
Regional EMPP candidates who are applying for a permanent resident visa as well as their family members, whether accompanying or not, must submit to a medical examination for the purpose of paragraph 16(2)(b) of the Immigration and Refugee Protection Act (IRPA), unless they fall under 1 of 2 medical exemptions.
Note: Unlike refugees under the Resettlement Program, applicants under the Regional EMPP are not exempt from the excessive demand requirement.
Cost related to the medical examination of Regional EMPP applicants who have met the eligibility requirements for the Regional EMPP public policy are covered through the Interim Federal Health Program (IFHP).
Criminality
The IRCC officer will assess criminality according to the procedures used to assess regular refugees under the Resettlement Program.
Financial reasons (section A39)
The determining factor under section A39 is whether the principal applicant will be in a position to support themselves, and any dependents, in Canada without recourse to social assistance. In making a determination with respect to an applicant’s financial admissibility, officers must consider the totality of the information on file and all submissions made on a given case as well as take into consideration the special measures implemented in the Regional EMPP program. For example, Regional EMPP candidates are eligible to apply for the Immigration Loan Program (ILP) and this should not negatively impact the overall assessment. These special measures have been implemented to support the successful integration of the applicant and family members once they immigrate to Canada.
The officer may consider, among others, the following:
- likelihood of access to funds
- Does the applicant have a permanent job offer?
- Is the pay they will receive sufficient to support their entire family?
- What is the potential to obtain employment?
- additional support from NGOs, employer, family, friends
- Has the applicant made living arrangements for a place to stay?
- Are they staying with relatives?
- current financial situation
- Do they have funds available to them?
- Will they immediately start working upon arrival?
- Have they received a grant or a loan to support them in accessing the Regional EMPP program?
To help economically establish in Canada, the Public Policy to support the Economic Mobility Pathways Pilot (EMPP) – Phase 2 allows Regional EMPP applicants to have access to financial resources such as grants and/or loans from designated institutions, but access to grants is not yet in place at this time.
Provincial nominees are subject to section A39 and must not be inadmissible for financial reasons. The IRCC officer must be satisfied concerning the Regional EMPP candidate’s ability to become economically established in Canada.
Inadmissibility for misrepresentation (section A40)
The application of section A40 with respect to Regional EMPP candidates differs from applicants who come through the Resettlement Program.
The exemptions outlined in section 22 of the Immigration and Refugee Protection Regulations (IRPR) do not apply to Regional EMPP applicants.
Procedural fairness
To follow procedural fairness, officers must make applicants aware of any concerns about their admissibility and must provide them with an opportunity to address those concerns. If the nominating/endorsing province/territory or recommending Rural and Northern Immigration Pilot (RNIP) community provides input directly or via the applicant in response to a procedural fairness letter addressed to the applicant, that input should be considered along with the applicant’s own input. Provincial, territorial or community input is, however, not determinative; the decision with respect to the applicant’s admissibility must be made by the IRCC officer. All extrinsic information, including information received from the province/territory or community, must be disclosed to the applicant if it will be considered negatively by the IRCC officer. The applicant should be given an opportunity to respond to any such information. For more information about procedural fairness, refer to OP1 – Procedures (PDF, 621 KB).
Instructions for Regional EMPP applicable programs
- Provincial Nominee Program (PNP): Determining admissibility
- Atlantic Immigration Program (AIP): Admissibility and making a final decision
- Rural and Northern Immigration Pilot (RNIP): Admissibility and making a final decision
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