Regional Economic Mobility Pathways Pilot (Regional EMPP): Determining eligibility against public policy requirements

The following outlines how to assess a principal applicant’s eligibility for facilitations under the Regional Economic Mobility Pathways Pilot (Regional EMPP).

When assessing a principal applicant, a decision maker must ensure that the applicant meets both of the following:

1. EMPP Public Policy eligibility requirements, and
2. the selection criteria of the specific economic immigration pathway under which they have applied.

A positive assessment against the Regional EMPP eligibility criteria will allow the applicant to benefit from a number of facilitation measures.

On this page

• Public policy eligibility criteria applicable to the principal applicant
• Eligibility requirements for family members
• When the principal applicant is eligible under the public policy selection criteria
• When the principal applicant is not eligible under the public policy selection criteria

Public policy eligibility criteria applicable to the principal applicant

Applicants should be assessed against the pass and fail selection criteria below, based on the information and documents provided in the application.

1. The principal applicant has applied for a permanent residence visa under 1 of the eligible economic programs:
   1. the Provincial Nominee Program (PNP)
   2. the Rural and Northern Immigration Pilot (RNIP)
   3. the Atlantic Immigration Program (AIP)
2. The principal applicant is residing outside of Canada at the time of application for permanent residence under the Regional EMPP.
3. The principal applicant has been issued one of the following:
   1. a positive Refugee Status Determination (RSD) from either the United Nations High Commissioner for Refugees (UNHCR), or a refugee hosting state; or
   2. proof of being registered or recorded as a person of concern by the UNHCR, if a positive RSD has not been obtained yet or is not available in the state where the foreign national is residing at the time of its application; or
   3. a refugee certificate from the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA); or
   4. proof of being registered or recorded as a person of concern by the UNRWA, if a refugee certificate has not been obtained yet; or
   5. a Temporary Protected Status (“TPS”) document issued by the hosting sate where the foreign national is residing at the time of their application for permanent residence and
      • The principal applicant must satisfy the decision maker that they are a person with no reasonable prospect, within a reasonable period, of a durable solution in a country other than Canada. Durable solutions may include voluntary repatriation or resettlement in their country of nationality (repatriation) or habitual residence (local integration), or resettlement or an offer of resettlement in another country as set out under as set out in paragraph R139(1)(d). The decision maker must be satisfied that the applicant will be able to successfully settle in Canada without the regular resettlement assistance available to people who immigrate under Canada's resettled refugee programs;
   6. a valid Trusted Partner Referral Letter (IMM 0183) issued by a Trusted Partner that has a signed Trusted Partner Arrangement with IRCC;

• If a Trusted Partner Organization is placed on probation or their Arrangement is terminated after the principal applicant has submitted a Trusted Partner Referral Letter as part of their Regional EMPP application, an officer’s assessment to determine eligibility, as described in Part 1, section c.(I) or (II), of the public policy will be required.
• For principal applicant assessed by a Trusted Partner as having Temporary Protected Status with no durable solution in a country other than Canada, a durable solutions assessment is required by an officer.
  • Inform the applicant to submit a completed durable solutions information form (IMM0195) within 10 days along with proof of their Temporary Protected Status.
• For principal applicant assessed by a Trusted Partner as a person in respect of whom there is no reasonable prospect, within a reasonable period, of a durable solution in a country other than Canada, and meets criteria as set out in section 96 of the Act or is a foreign national outside all of their countries of nationality and habitual residence and have been, and continue to be, seriously and personally affected by civil war, armed conflict or massive violation of human rights in each of those countries as per defined in section 147 of the Regulations, an officer will assess the applicant under the criteria for the Convention refugee abroad class or Country of asylum class.
  • Inform the applicant to submit a completed Schedule 20 form (IMM 0138) within 10 days.
• The applicant can request an extension of up to 20 additional days (30 days total) to submit a completed IMM 0195 or IMM 0138 form, but service standards will no longer apply. If no form or extension request is received after the 10 day period, administratively close the application in GCMS and notify the applicant their application has been closed.
• Request a refund if the right of permanent residence fees (RPRF) were provided.

Eligibility requirements for family members

A family member of the principal applicant must meet the following requirements:

1. resides outside Canada and has been included as an accompanying family member in an application for permanent residence by a principal applicant under this public policy
2. meets the definition of family member in subsection R1(3)
3. is not inadmissible pursuant to the IRPA or IRPR
4. has been determined by a delegated officer as accompanying a principal applicant who meets the eligibility requirements pursuant to this public policy

When the principal applicant is eligible under the public policy selection criteria

Where the principal applicant meets all of the aforementioned selection criteria, the decision maker should:

• enter their decision rationale under the Global Case Management System (GCMS) case notes
• put the application into processing
• proceed to an assessment of the selection criteria of the economic program/pathway under which the principal applicant has applied

When the principal applicant is not eligible under the public policy selection criteria

Where the decision maker has determined that the principal applicant does not meet all of the EMPP public policy selection criteria, the decision maker can request additional information to be able to determine if the applicant meets the public policy requirements and advise the applicant that they have 10 days to provide additional information, documentation or an explanation.

If, at the end of the prescribed procedural fairness delay, or if after examining all information provided, the decision maker is still not satisfied that the applicants meets all of the criteria outlined under the EMPP public policy, the decision maker must:

• enter their analysis and decision rationale under the GCMS case notes
• send a letter to the applicant detailing why they do not meet the public policy
• refuse the application in GCMS
• request a refund if right of permanent residence fees (RPRF) were provided

Refer to Making a final decision for further information on final decisions.