Temporary public policy to facilitate the granting of permanent residence for foreign nationals in C
2021-04-20
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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 Background 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 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. In the absence of this public policy, it is unlikely that
Canada would be in a position to welcome the ambitious level of newcomers
necessary to help support the country’s economic recovery and growth. 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 from Canadian post-secondary
institutions 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 challenges by
creating a temporary pathway which accelerates the expected trajectory that
many international graduates take to permanent residence. 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 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 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 in 2020. The 401,000 new admissions announced for 2021 in the
2021-2023 Immigration Levels Plan are key to ensuring Canada has the 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 Immigration and
Refugee Protection Act (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:
a.
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:
o
a public
post-secondary institution, such as a college, trade/technical school,
university or in Quebec CEGEP
o
a private
post-secondary school in Quebec that operates under the same rules and
regulations as public institutions in Quebec
o
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)
o
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.
b.
Have been granted
one of the following credentials, following the completion of a program study
from an eligible institution as defined in a):
o
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;
o
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
o
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.
c.
Have been
authorized pursuant to the Act and Regulations to
study throughout their education in Canada;
d.
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. The employment must meet the definition of
work under subsection 73(2) of the Regulations;
e.
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 when the
permanent residence application is received;
f.
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;
g.
Intend to reside
in a province or territory other than Quebec;
h.
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;
i.
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
j.
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 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.
6.
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 conditions
(eligibility requirements) to receive permanent residence pursuant to this
public policy.
5.
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 A maximum of 40,000 applications
will be accepted for processing. 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 or once 40,000
applications have been received, whichever comes first. 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, subject to the intake cap. Any applications received after
the intake cap of 40,000 has been reached, will not be processed. Marco Mendicino 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 Report a problem or mistake on this page |
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