ARCHIVED – Operational Bulletin 264 - January 19, 2011
This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.
Partial Reinstatement of Haiti Special Measures for Work Permits
This OB is expired and replaced with OB 468.
This operational bulletin (OB) provides instructions for processing applications from Haitian nationals for work permits (WP) from within Canada. This OB reinstates a portion of the Haiti Special Measures (HSM) that came to an end on September 1, 2010.
The recovery from the January 12, 2010, Haiti earthquake has been slow and further hampered by other issues such as the cholera outbreak and election violence. Haitian nationals in Canada may reasonably be expected to continue to remain in Canada and may require a WP to support themselves. With the end of the HSM on September 1, 2010, Haitian nationals in Canada applying for a renewal of their WP or for a new WP were required to obtain a Labour Market Opinion (LMO) from Service Canada. As LMOs may be difficult to obtain for some applicants, Citizenship and Immigration Canada (CIC) has reinstated the LMO exemption for Haitian nationals who are applying for a WP to ensure they can continue to support themselves.
Processing Applications for Work Permits
This partial reinstatement of the HSM will allow in-Canada applications for a WP from Haitian nationals who are now unable to support themselves. The HSM will apply to individuals who were issued a WP under the original HSM and to any Haitian national who was in Canada prior to January 13, 2011, who is on temporary status and is unable to support themselves.
The Immigration and Refugee Protection Regulations require an LMO to accompany a WP application in most cases so that an officer can determine if the job offer is genuine and if the employment is likely to have a neutral or positive effect on the labour market in Canada. Under the HSM, the Minister has approved a Public Policy exempting these applicants from the requirement of an LMO.
Applications for a new WP or an extension of a previously issued WP under the HSM will be accepted by CIC until September 1, 2011. Applications received after September 1, 2011, will not be eligible for the HSM.
Haitian nationals who are in Canada must have a valid status to be eligible for the reinstated HSM. Individuals whose status has expired may make an application to restore their status within 90 days after losing their temporary status. For those who are out of status for longer than 90 days, they must first apply for a temporary resident permit and then a WP.
All applications for a WP under the HSM will require the standard processing fee of $150.
Interim Federal Health Program (IFH)
Under the HSM, Haitian nationals who are issued a new WP or an extension of a previous WP will be eligible for the IFH coverage. The IFH coverage will be valid until the expiration date on their certificate or until they no longer require coverage as they have become eligible for provincial or private health care coverage or until they have departed Canada, whichever of these comes first. The IFH coverage will also be extended to any dependents of the applicant who are currently residing in Canada.
Only applications received by September 1, 2011, will be eligible for the IFH coverage.
In Canada Processing
New WP applications should have “Haiti” written on the mailing envelope and must include a written explanation as to why the applicant needs a work permit to support themselves in Canada. For pending applications, the applicant must notify the CIC Call Centre at 1-888-242-2100.
Temporary residents (TR) who are applying for a new WP or an extension of a previous WP must ensure that they maintain their TR status. This is accomplished by applying for a new WP or applying to extend a previously issued WP before their current status expires. The fees associated with these applications will not be waived.
As per R183(5), persons who have already submitted an application to extend or change their TR status will benefit from implied status until notified of a decision on their application.
|How to Contact CIC for Haiti-related information|
|General inquiries or to update contact information||CIC Call Centre at 1-888-242-2100 (in Canada only, 7:00 a.m. to 7:00 p.m. Eastern time, Monday through Friday)|
Special Program Coding
Under the HSM, the following coding is to be used for the issuance of WPs:
- H24: WP issued to Haitian national under the HSM, no LMO required.
Expiry of Initiative
This initiative will remain in existence until September 1, 2011.
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