Temporary public policy to exempt certain out-of-status foreign nationals in Canada from immigration requirements during the coronavirus (COVID-19) pandemic

Background:

As a global public health crisis, the advent, impact, and significance of the Coronavirus (COVID-19) is unprecedented in recent times. On January 30, 2020, the World Health Organization declared the outbreak to be a Public Health Emergency of International Concern, and since then, countries all over the world, Canada included, have acted swiftly and resolutely to curtail the spread of the virus by closing state borders, limiting the movement of people, and enacting social distancing measures.

Due to these measures, temporary residents in Canada may be affected in a variety of ways: First, there may be some foreign nationals who are unable to leave the country due to border closures in their home country, a lack of commercially-available flight options, or difficulties obtaining travel documents (e.g., due to embassy closures). Second, their stay in Canada, employment or schooling may have been disrupted, and they may find it challenging to maintain status and/or eligibility for work or study authorizations. Third, reduced government services due to the COVID-19 pandemic means that some temporary residents face delays in securing the appropriate documents required for their visitor, work, or study applications.

In recognition of these ongoing challenges these foreign nationals in Canada face, I hereby establish that, pursuant to my authority under section 25.2 of the Immigration and Refugee Protection Act (the Act), there are sufficient public policy considerations that justify the granting of exemptions from the requirements of the Act and the Immigration and Refugee Protection Regulations (the Regulations) listed below to foreign nationals who meet the conditions (eligibility requirements) set out below.

This public policy will:

• provide eligible foreign nationals (visitors, temporary workers and international students) who have fallen out of status during the COVID-19  pandemic with more time to restore their temporary resident status;
• exempt eligible foreign nationals from the requirement that a work or study permit not be issued if they have not complied with certain temporary resident conditions; and
• allow eligible temporary workers applying for a job offer-supported work permit to work while a decision on their restoration application is pending. This includes former workers who have applied, or will apply, within 90 days of losing their temporary resident status, and those availing themselves of the public policy exemption to apply after 90 days have past.

Conditions (eligibility requirements):

Based on public policy considerations, delegated officers may grant an exemption, until a decision is made on the temporary resident application described below or the application is withdrawn, from the requirements of the Act and the Regulations identified if:

1. The foreign national:
   1. was in Canada with valid temporary resident status as of January 30, 2020, has since remained in Canada, and it has been more than 90 days since they lost their temporary resident status;
   2. has applied for restoration of temporary resident status, under subsection 182(1) of the Immigration and Refugee Protection Regulations and paid the associated application processing fees under subsection 306(1) of the Regulations; or
2. The foreign national:
   1. meets the conditions listed in 1;
   2. held a valid work permit in the year preceding the date on which they submitted their application for restoration of temporary resident status;
   3. has submitted a work permit application to perform work described in subparagraphs 200(1)(c)(ii.1) or 200(1)(c)(iii) of the Immigration and Refugee Protection Regulations, for which a decision has not yet been made;
   4. intends to work for the employer and/or occupation as specified by the job offer included in their work permit application described in (iii);
   5. has applied for the public policy exemption listed in (B.) below using the electronic means identified by the department for that purpose; and
   6. has requested that the exemption listed in (B.) be applicable until a decision is made on their work permit application described in (iii); or
3. The foreign national:
   1. has applied for restoration of temporary resident status under subsection 182(1) of the Immigration and Refugee Protection Regulations within 90 days of losing their temporary resident status and paid the associated application processing fee under subsection 306(1) of the Regulations;
   2. held a valid work permit in the year preceding the date on which they submitted their application for restoration of temporary resident status;
   3. has submitted a work permit application to perform work described in subparagraphs 200(1)(c)(ii.1) or 200(1)(c)(iii) of the Immigration and Refugee Protection Regulations, for which a decision has not yet been made;
   4. intends to work for the employer and/or occupation as specified by the job offer included in their work permit application described in (iii);
   5. has applied for the public policy exemption listed in (B.) below using the electronic means identified by the department for that purpose; and
   6. has requested that the exemption listed in (B.) be applicable until a decision is made on their work permit application described in (iii).

Provisions of the Regulations for which an exemption may be granted, if applicable, until a decision is made on the restoration of temporary resident status application, and work permit application, if applicable, or until the restoration of temporary resident status or work permit application is withdrawn:

1. For foreign nationals who meet the conditions listed in 1:
   • Subsection 182(1) - the requirement for a visitor, worker or student to make an application to restore temporary resident status within 90 days after losing that status.
   • Paragraph 200(3)(e) - the requirement that a work permit not be issued to a foreign national who has engaged in unauthorized work or study in Canada or has failed to comply with the conditions of a previous permit or authorization, unless they engaged in unauthorized work for an employer described in section 196.1 of the Regulations.
   • Section 221 - the requirement that a study permit not be issued to a foreign national who has engaged in unauthorized work or study in Canada or who has failed to comply with a condition of a permit or authorization, unless they engaged in unauthorized work for an employer described in section 196.1 of the Regulations.
2. For foreign nationals who meet the conditions listed in 2 or 3:
   • Paragraph 183(1)(b) - the condition to not work unless authorized by Part 9 or 11 of the Regulations.
   • Section 196 - the requirement to be authorized to work in Canada by a work permit or the Regulations.
   • Paragraph 200(3)(e) - the requirement that a work permit not be issued to a foreign national who has engaged in unauthorized work or study in Canada or has failed to comply with the conditions of a previous permit or authorization, unless they engaged in unauthorized work for an employer described in section 196.1 of the Regulations.

Other Admissibility and Selection Criteria

Foreign nationals eligible under this public policy are subject to all other legislative obligations and admissibility and selection requirements not exempted under this, or another, public policy.

Effective date and expiration

This public policy takes effect on the day on which it is signed and expires on December 31, 2020.