ARCHIVED – Temporary public policy concerning work permits for persons currently benefitting from Haitian special measures following the lifting of the temporary suspension of removals (TSR) on Haiti

I, Minister Chris Alexander, hereby establish the following temporary public policy under section 25.2 of the Immigration and Refugee Protection Act (IRPA) for Haitian foreign nationals who are described below. This public policy replaces the public policy made on August 29, 2014.

Haitian foreign nationals who were legally present in Canada prior to January 13, 2011, and who make an application for a work permit after January 13, 2011, and who benefitted from exemptions based on the Haiti Special Measures public policy at the time of the lifting of the TSR on Haiti, and who apply for humanitarian and compassionate (H&C) consideration within six months from the time of the lifting of the TSR on Haiti, will be considered for exemption from the requirement to provide a valid Labour Market Impact Assessment from Service Canada in support of the work permit application.

Furthermore, these applicants will also be considered for an exemption from restrictions against applying for a work permit from within Canada.

This public policy will expire once the foreign nationals eligible under this public policy receive a selection decision (stage 1) decision on their request for H&C consideration.

                                    Signed by Chris Alexander, P.C., M.P.
Minister of Citizenship and Immigration Canada
Dated at Ottawa, this 26^th day of November, 2014

Legislative Authority for Public Policy

Immigration and Refugee Protection Act
Part 1 - Immigration to Canada
Division 3 - Entering and Remaining in Canada
Status and Authorization to Enter

Public policy considerations

25.2 (1) The Minister may, in examining the circumstances concerning a foreign national who is inadmissible or who does not meet the requirements of this Act, grant that person permanent resident status or an exemption from any applicable criteria or obligations of this Act if the foreign national complies with any conditions imposed by the Minister and the Minister is of the opinion that it is justified by public policy considerations.

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Provincial criteria

(3) The Minister may not grant permanent resident status to a foreign national referred to in subsection 9(1) if the foreign national does not meet the province’s selection criteria applicable to that foreign national.