Federal Economic Mobility Pathways Pilot (Federal EMPP): Determining eligibility against public policy requirements
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
The following outlines how to assess a principal applicant’s eligibility for facilitations under the Federal Economic Mobility Pathways Pilot (Federal EMPP).
A positive assessment against the Federal 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.
- For applications not supported by a Trusted Partner Referral Letter (IMM 0183), the principal applicant must satisfy the decision maker that they meet all of the following criteria to be approved:
- The principal applicant is residing outside of Canada at the time of application for permanent residence under the Federal EMPP.
- The principal applicant has been issued one of the following:
- a positive Refugee Status Determination (RSD) from either the United Nations High Commissioner for Refugees (UNHCR), or a refugee hosting state; or
- 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 a foreign national is residing at the time of their application; or
- a refugee certificate with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA); or
- proof of being registered or recorded as a person of concern by the UNRWA, if a refugee certificate has not been obtained yet
Or
- a Temporary Protected Status (“TPS”) document issued by the hosting state 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
- For applications supported by a Trusted Partner Referral Letter, the principal applicant must satisfy the decision maker that they meet all of the following criteria to be approved:
- The principal applicant is residing outside of Canada at the time of application for permanent residence under the Federal EMPP.
- The principal applicant has a valid Trusted Partner Referral Letter.
Note: A Trusted Partner Referral Letter is considered to be valid if it is submitted within two years of the date of assessment by a Trusted Partner Organization that is not on probationary status or their Arrangement has not been terminated prior to submitting the Trusted Partner Referral Letter.
- 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 Federal 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.
- For principal applicants assessed by a Trusted Partner as having Temporary Protected Status issued by the hosting state where the foreign national is residing at the time of their application for permanent residence and 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, a completed durable solutions information form (IMMXXXX) is required along with proof of the principal applicant’s Temporary Protected Status.
- For principal applicants 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, namely (i) voluntary repatriation or resettlement in their country of nationality or habitual residence, or (ii) resettlement or an offer of resettlement in another country, as set out in paragraph 139 (1)(d) of the Regulations 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, a completed Schedule 20 form (IMM 0138) is required.
- Inform the applicant to submit a completed Schedule 20 form (IMM 0138) within 10 days.
- Inform the applicant that they are required to submit the requested documentation within 10 days.
- If no information 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.
Note: More guidance on how to assess an applicant can be found here:
Eligibility requirements for family members
A family member of the principal applicant must meet the following requirements:
- 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
- meets the definition of family member in subsection R1(3)
- is not inadmissible pursuant to the IRPA or IRPR
- 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 Federal 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 Federal 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.
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