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

Background

The 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 took effect on May 6, 2021. This public policy aims to facilitate the granting of permanent residence for certain foreign nationals in Canada, who had recently graduated from a Canadian post-secondary institution. As part of this public policy, an intake cap of 40,000 applications was set.

Due to a technical issue, where two or more applications submitted simultaneously were counted as a single application, the Department received 7,307 more applications than it was authorized to accept for processing. Application intake was suspended on May 7, 2021 once the live counter reached 40,000 applications received. While the intake cap was reached prior to the submission of these applications, applicants were not advised at the time of application. In addition, the electronic system indicated and accepted their application as being submitted within the intake cap.

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 prevents these foreign nationals, whom Canada wishes to retain as permanent residents, from being penalized for a technical error.

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.

Despite being received after the established 40,000 application intake cap was reached, the departmental electronic system accepted these clients’ applications for processing under the public policy and informed clients that they were within the cap.

Processing of these applications should proceed as other applications that were within the cap, including an exemption, where applicable, from undergoing an Immigration Medical Examination. This measure will streamline the health screening requirement for eligible applicants, while limiting risk to Canadians and the Canadian health care system.

Under this public policy, eligible in-Canada applicants, and their accompanying family members who are in Canada, are exempt from the requirement to submit to a new Immigration Medical Examination required under paragraph 16(2)(b) of the Immigration and Refugee Protection Act (Act) and paragraph 30(1)(a) of the Immigration and Refugee Protection Regulations (Regulations) if they have submitted to an Immigration Medical Examination on or after May 6, 2016 and meet the conditions below.

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

Conditions

Based on the public policy considerations, delegated officers may grant permanent residence to applicants 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 a program study 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 on the date on which 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;
5. 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 on the date on which the application for permanent residence is received;
6. Reside in Canada with valid temporary resident status (or be eligible to restore their status) and be physically present in Canada on the date on which 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. The foreign national applied in accordance with the instructions for the 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, which came into effect on May 6, 2021, and the electronic system created by Immigration, Refugees and Citizenship Canada (IRCC) to accept applications indicated and accepted their application as being submitted prior to the cap on intake being reached, even if the cap had actually been reached;
9. 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, were paid at the time of application for permanent residence; and
10. The foreign national is not inadmissible under the Act and Regulations.

For the purpose of assessing (a), (b), (d), (e), (f), and (i) when the application for permanent residence is received refers to when the application described in (h) was received. This date the application described in (h) is received is also to be used as the lock-in date for the purpose of determining whether a child is a dependent child when assessing the eligibility of the family members below.

While all supporting documentation necessary to assess whether a foreign national meets the conditions of this public policy must have been included at the time of application described in (h), 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 are captured 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 the application for permanent residence described in (h) 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 conditions (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.

Provisions of the Act and Regulations for which an exemption may be granted applicable for the principal applicant:

When processing an application for permanent residence captured under this public policy, delegated officers may grant an exemption from the requirements of the Regulations identified below, when a foreign national (principal applicant) meets the following conditions. This exemption would be determined as a first step when assessing applications under this public policy. The granting of this exemption in no way indicates that the foreign national will be granted permanent resident status pursuant to the public policy:

The foreign national (principal applicant):

• Has submitted to an Immigration Medical Examination on or after May 6, 2016, and the Department has a record of that Immigration Medical Examination, and that examination was assessed and coded as:
  1. M1: indicating they pose no danger to public health and public safety;
  2. M3 (except where they have been assessed and coded as “TR only” or “EDE only”): indicating they have a health condition present but are not expected to place an excessive demand on health or social services; or
  3. M2 or M2/3 (except where they have been assessed and coded as “TR only” or “EDE only”): indicating they are a potential risk to public health, but they have complied with their requirement to report to provincial/territorial health authorities for medical surveillance; and
• Has not resided or stayed for a total period in excess of six months in an area that the Minister determines has a higher incidence of serious communicable disease than Canada (i.e., identified on IRCC’s tuberculosis designated country and territory list available on the IRCC Website) in the year preceding the date of application for permanent residence.

Provisions of the Act for which an exemption may be granted:

• Paragraph 16(2)(b) of the Act – the requirement for foreign nationals, subject to the Regulations, to submit to a medical examination.

Provisions of the Regulations for which an exemption may be granted:

• Paragraph 30(1)(a) of the Regulations – the requirement for all applicants for permanent residence to undergo a medical examination.

Provisions of the Act and Regulations for which an exemption may be granted applicable to family members in Canada:

In-Canada family members, of a principal applicant captured under this public policy, may be granted an exemption from the requirements of the Regulations identified below, when they meet the following conditions:

The foreign national (in Canada family member):

• Is physically present in Canada;
• Has been included as an accompanying family member in the application for permanent residence described in (h);
• Meets the definition of a “family member” in subsection 1(3) of the Regulations;
• Has submitted an Immigration Medical Examination on or after May 6, 2016, and the Department has a record of that Immigration Medical Examination, and that examination was assessed and coded as:
  1. M1: indicating they pose no danger to public health and public safety; or
  2. M3 (except where they have been assessed and coded as “TR only” or “EDE only”): indicating they have a health condition present but are not expected to place an excessive demand on health or social services; or
  3. M2 or M2/3 (except where they have been assessed and coded as “TR only” or “EDE only”): indicating they are a potential risk to public health, but they have complied with their requirement to report to provincial/territorial health authorities for medical surveillance; and
• Has not resided or stayed for a total period in excess of six months in an area that the Minister determines has a higher incidence of serious communicable disease than Canada (i.e., identified on IRCC’s tuberculosis designated country and territory list available on the IRCC Website) in the year preceding the date of application for permanent residence.

Provisions of the Act for which an exemption may be granted:

• Paragraph 16(2)(b) of the Act – the requirement for foreign nationals, subject to the Regulations, to submit to a medical examination

Provisions of the Regulations for which an exemption may be granted:

• Paragraph 30(1)(a) of the Regulations – the requirement for all applicants for permanent residence to undergo a medical examination.

Start and end dates

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