Temporary public policy for the issuance of permanent resident visas for foreign nationals, who have been refused under the “Temporary Resident to Permanent Resident Pathway”

Background

The “Temporary Resident to Permanent Resident Pathway”, is comprised of six public policies, and was open for applications from May 6, 2021 until November 5, 2021 (or until a specific stream reached its intake cap) to facilitate the granting of permanent residence for certain foreign nationals in Canada, living outside of Quebec, who had recently graduated from a Canadian post- secondary institution or who had acquired recent Canadian work experience in an essential occupation.

Each of these public policies included a provision requiring applicants to 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. Given longer than anticipated processing times and the opening of borders for international travel, it is recognized that applicants who are awaiting a final decision may need to travel outside of Canada. Being outside Canada at the time of decision as the sole reason for the refusal of these applications, is inconsistent with the overall intent, and as such it is desirable to facilitate the issuance of permanent resident visas to these applicants to enable their return to Canada for the purpose of being granted permanent resident status.

Public policy considerations

The Canadian economy relies on immigration to fill critical labour market needs across a wide variety of occupations and sectors. There is an increased need to ensure workforce stability as Canada rebounds from the global COVID-19 pandemic.

The “Temporary Resident to Permanent Resident Pathway” recognized the economic contribution of temporary residents and acknowledges Canada’s ongoing need for skilled immigrants, which has been exacerbated during this exceptional period. While some applicants left Canada during the processing of their applications under this Pathway, their essentials skills and experience continue to be required in the Canadian economy. In addition, this group of applicants have recent ties to Canada and met all the conditions of the “Temporary Resident to Permanent Resident Pathway” other than being in Canada at a specific moment in time. This public policy will facilitate the issuance of permanent residence visas for these applicants who were refused for the sole reason of being outside of Canada at the time of final decision, allowing them to return to Canada and for their skills and talents to contribute to the labour market on a permanent basis.

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 an exemption from provisions of the Immigration and Refugee Protection Regulations (Regulations) to foreign nationals who meet the conditions below.

Conditions (eligibility requirements) applicable to principal applicants

Based on the above-noted public policy considerations, when considering 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 (principal applicant) meets the following conditions. The foreign national must:

1. Have applied under one of the following temporary public policies comprising the Temporary Resident to Permanent Resident Pathway and had their application accepted into processing:
   • 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
   • 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
   • Temporary public policy to facilitate the granting of permanent residence for French- speaking foreign nationals in Canada, outside of Quebec, with recent Canadian work experience in essential occupations
   • 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
   • 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 who applied in excess of the application intake cap
   • 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
2. Have either been advised in a letter that they may apply for this public policy if the foreign national’s application referred to in 1. is refused because they will not be physically present in Canada at the time a decision is made on their application or have had their application referred to in 1. refused for reasons including because at the time a decision was made on their application they were not physically present in Canada.
3. Have met all of the conditions of one of the above-noted public policies at the time the application referred to in 1. was received, except the foreign national is exempt from the requirement to reside in Canada with valid temporary resident status (or be eligible to restore their status) and be physically present in Canada at the time of final decision on their application for permanent residence; and,
4. Have submitted an application for a permanent resident visa pursuant to this public policy, which was received by IRCC within 60 days of this public policy taking effect or if refused after this public policy takes effect no later than 60 days of a refusal under one of the public policies listed in 1. above.

Conditions (eligibility requirements) applicable to family members outside of Canada:

Based on the public policy considerations above, when considering an application for a permanent resident visa, delegated officers may grant an exemption from the requirements of the Act and Regulations identified below when a foreign national meets the following conditions:

1. The foreign national has been included as an accompanying family member in an application for a permanent resident visa 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; and,
3. A delegated officer has determined that the principal applicant meets all conditions (eligibility requirements) to be issued a permanent resident visa pursuant to this public policy.

Provisions of the Regulations for which an exemption may be granted to principal applicants and their family members abroad:

• Paragraph 10(2)(c) —the requirement to indicate the class prescribed by these Regulations for which the application is made;
• Paragraph 70(1)(a) —the requirement to apply for a permanent resident visa as a member of a class referred to in subsection 70(2) of the Regulations;
• Paragraph 70(1)(c) —the requirement to be a member of an immigration class;
• Paragraph 70(1)(d) —the requirement to meet the selection criteria and other requirements applicable to that class;
• Subsection 71.1(2) —the requirement for a temporary resident in Canada to be a member of a class referred to in paragraph 70(2)(a) or (b) of the Regulations to become a permanent resident in Canada; and
• Section 307 – the requirement to pay the application processing fee for examining circumstances under subsection 25.2(1) of the Act;

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

In-Canada family members of a principal applicant who applies for a permanent residence visa and is seeking exemptions 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 a permanent resident visa by a principal applicant seeking exemptions under this public policy;
3. the foreign national meets the definition of a “family member” in subsection 1(3) of the Regulations; and,
4. the principal applicant has met the conditions (eligibility requirements) to be issued a permanent resident visa pursuant to this public policy, has been issued a permanent resident visa, and has been granted permanent residence in Canada.

Other admissibility and selection criteria

Foreign nationals eligible under this public policy (principal applicants and family members) are subject to all other legislative obligations and admissibility and selection criteria not otherwise exempted.

Start and end dates

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