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

Background

Supporting and assisting the development of minority official language communities in Canada is an objective of immigration. Efforts to increase Francophone immigration outside of Quebec are part of the Government’s plan for economic growth and long-term prosperity throughout the country. As a result of the pandemic, attention has been placed on the ongoing need to fill certain essential occupations. By granting permanent resident status to those with French language proficiency and experience in these occupations, Canada will be leveraging Francophone immigration outside of Quebec, to help stabilize this workforce both for pandemic recovery and into the future. In addition, these existing French-speaking temporary foreign workers have made a contribution to Canada during the COVID-19 pandemic and in some cases face difficulty in qualifying and applying for permanent residence. The public policy responds directly to this contribution and these challenges by implementing measures that create a temporary pathway to permanent residence. 

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, including French-speaking temporary residents, currently in Canada who could contribute to economic immigration objectives. These foreign nationals are already employed in Canada and are contributing to the labour market, consistent with the goals of Canada’s economic immigration programming. In granting permanent residence to these individuals who have work experience in critical occupations, Canada will benefit from their skills and abilities over the long-term. By targeting French-speaking foreign nationals, not only are the economic objectives of the Immigration and Refugee Protection Act (Act) upheld, but Canadians will also see the social and cultural fabric of Canada society enriched and strengthened, while respecting the bilingual character of Canada. In the absence of this public policy, Canada may not be in a position to welcome the ambitious level of French-speaking newcomers necessary to help support the country’s economic recovery and growth.

Public Policy Considerations

The pandemic has further highlighted the contribution of French-speaking foreign nationals, across all sectors and skill levels. During the global COVID-19 pandemic, there is an increased need to ensure that Canada has the necessary workforce to support the physical health and wellbeing of individuals, as well as economic recovery. Communities across Canada benefit from the economic, social and cultural spin-offs of the arrival of French-speaking newcomers. The public policy targets foreign nationals with French language proficiency and with at least one year of work experience in Canada in an essential occupation, in recognition of their economic contribution and in acknowledgement of the ongoing need that Canada has for French-speaking and bilingual professionals. In addition, the public policy helps retain French and French immersion teachers to address the shortage of French-language teachers in Canada outside of Quebec and by doing so, supports the Government of Canada’s objectives on official languages.

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, including in French-speaking admissions. The 401,000 new admissions announced for 2021 in the 2021-2023 Immigration Levels Plan are key to ensuring Canada has the workers, including French-speaking 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 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 the 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:

1. Have completed at least one (1) year of full-time work experience, or the equivalent in part-time experience (1,560 hours), in Canada, in an eligible occupation listed in Annex A or Annex B in the three (3) years preceding the date when the application for permanent residence is received. The one year of work experience must be obtained in one or more of the eligible occupations as follows:
   • Stream A: the one year of work experience must have been acquired in one or more occupations listed in Annex A. Experience cannot be combined with Annex B occupations.
   • Stream B: the one year of work experience must have been acquired in one or more occupations listed in Annex B, or in a combination of occupations in Annex A and B.
2. Be employed in Canada in any occupation at the time that the application for permanent residence is received;
3. The employment described in both a) and b) must meet the definition of work under subsection 73(2) of the Regulations, must have been authorized pursuant to the Act and Regulations and must not have been self-employment, unless working as a medical doctor in a fee-for-service arrangement with a health authority;
4. Have attained a level of proficiency of at least benchmark 4 in French for each of the four language skill areas, as set out in 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;
5. 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;
6. Intend to reside in a province or territory other than Quebec;
7. 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;
8. 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
9. 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.

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.

Intake Cap

No cap will be applied to the public policy.

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. 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.

Annex A – Eligible Health-Related Occupations

Eligible health care occupations include all broad occupational category 3 occupations (Health occupations) from the National Occupational Classification (NOC) with the exception of Veterinarians (NOC 3114) and Animal health technologists and veterinary technicians (NOC 3213), as well as five occupations from broad occupational category 4 (Occupations in education, law and social, community and government services).

Eligible Occupations:

Annex B – Other Eligible Essential Occupations

1. Major Unit Groups

2. Minor Unit Groups

3. Specific 4 digit unit groups