Health-care workers permanent residence pathway: COVID-19 program delivery – Preliminary review and triage

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

Applicants must meet certain conditions (eligibility requirements) to continue processing under one of the public policies.

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Preliminary review and triage for pending or failed refugee claimants’ applications

Note: A pending refugee claimant is a person who made a refugee claim in Canada prior to March 13, 2020, and whose claim has not been decided by the Refugee Protection Division (RPD) or the Refugee Appeal Division (RAD) of the Immigration and Refugee Board (IRB) when their application for permanent residence under the public policy is made, up until a final decision under the public policy is rendered.

A failed refugee claimant is a person who made a refugee claim in Canada prior to March 13, 2020, and who has received a final negative decision by the IRB on their claim. This includes claimants who have commenced an application for leave and judicial review of the negative IRB decision in Federal Court, or an appeal in relation to the underlying IRB decision at the Federal Court of Appeal.

Upon receiving the application, IRCC will verify that the pending or failed refugee claimant working in the health care sector

If the applicant does not meet all of the above conditions (eligibility requirements), IRCC will render a decision under the applicable public policy. See Making a final decision.

Applications with known inadmissibilities, other than those for which an exemption is granted in the context of these public policies, should be referred to a delegated officer for review before a decision is rendered.

When the applicant meets the above conditions (eligibility requirements), IRCC will complete the steps below.

Applicants intending to reside in Quebec

Applicants will be invited to submit the Demande de sélection permanente form and supporting documentation for selection to the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI).

Pending refugee claims

IRCC will do the following for applicants and their included dependants with pending refugee claims at the IRB

Pending pre-removal risk assessments (PRRAs)

If an applicant is a failed refugee claimant and has submitted a pre-removal risk assessment (PRRA) application, the PRRA application may be held in abeyance (that is, put on hold) until a final decision on the application for permanent residence is made.

If the applicant received a stay of removal in the context of their PRRA as per section R232, they will continue to benefit from this stay until their PRRA is resolved.

Assignment

If the applicant intends to reside in a province or territory other than Quebec and states that they have met the 6-month experience requirement, IRCC will assign the application for an eligibility decision.

If the applicant intends to reside in a province or territory other than Quebec and has not yet acquired 6 months of experience, IRCC will put the application on hold until the applicant has had the chance to acquire 6 months of experience.

If the applicant intends to reside in Quebec, officers will put the application on hold while the applicant awaits a decision on their Demande de sélection permanente. Once a Certificat de sélection du Québec (CSQ) decision is received, IRCC will assign the application for an eligibility decision.

Preliminary review and triage for spouses and common-law partners of deceased refugee claimants who contracted COVID-19

Applicants may be eligible to apply for permanent residence under one of the public policies if they

IRCC will also verify that the applicant

Applicants intending to reside in Quebec

Applicants will be invited to submit the Demande de sélection permanente form and supporting documentation for selection to the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI).

Pending refugee claims

IRCC will do the following for applicants and their included dependants with pending refugee claims at the IRB

Assignment

If the applicant intends to reside in a province or territory other than Quebec, IRCC will assign the application for an eligibility decision.

If the applicant intends to reside in Quebec, IRCC will put the application on hold while the applicant awaits a decision on their Demande de sélection permanente. Once a Certificat de sélection du Québec decision is received, IRCC will assign the application for an eligibility decision.

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