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

The following outlines how to assess a principal applicant’s eligibility for Economic Mobility Pathways Pilot (EMPP) facilitations against the criteria outlined in the Public Policy to support the Economic Mobility Pathways Pilot (EMPP) – Phase 2.

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

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

A positive assessment against the 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. The principal applicant must satisfy the decision maker that they meet all of the following criteria to be approved:

• 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):
• The principal applicant is outside of their country of persecution.
• The principal applicant is residing outside of Canada at the time of application for permanent residence under 1 of the economic pathways listed above.
• The principal applicant
  1. has been issued a valid, positive Refugee Status Determination (RSD) from either the UNHCR or a refugee-hosting state, as case may be or
  2. in cases where an RSD cannot be obtained (for example, due to a moratorium), is a registered or recorded asylum seeker abroad, either with state authorities or the UNHCR, or has been issued a “Person of concern letter” by the UNHCR for the purposes of EMPP. (This document is not yet available from the UNHCR. An update will be provided when it is ready) and
  • has been assessed by an IRCC officer and was determined to meet the following refugee definitions: 
    • Convention refugees abroad class as defined in section 96 of the Immigration and Refugee Protection Act (IRPA) or
    • Country of asylum class as defined in section 147 of the Immigration and Refugee Protection Regulations (IRPR) laying out the eligibility requirements for the country of asylum class
  • More guidance on how to assess an applicant can be found here:
    • How to determine eligibility for the Convention refugee abroad class
    • Country of asylum class – Conditions
• 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.

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 1-4 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
• administratively close the application in GCMS (cancelled)
• request a refund if right of permanent residence fees (RPRF) were provided

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