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

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

On this page

• Preliminary review and triage for pending or failed refugee claimants’ applications
  • Applicants intending to reside in Quebec
  • Pending refugee claims
  • Pending pre-removal risk assessments (PRRAs)
  • Assignment
• Preliminary review and triage for spouses and common-law partners of deceased refugee claimants who contracted COVID-19
  • Applicants intending to reside in Quebec
  • Pending refugee claims
  • Assignment

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

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

• made a refugee claim in Canada prior to March 13, 2020 and still resided in Canada when their application for permanent residence was made
• was authorized to work in Canada by virtue of a work permit or work permit exemption under section 186 of the Immigration and Refugee Protection Regulations (IRPR)
  • if the individual lost their authorization to work as a result of a removal order against them becoming enforceable due to a final negative decision on their refugee claim, work performed subsequent to the loss of that authorization need not be authorized
• has not been found ineligible to have their claim referred to the IRB
• has not had their claim
  • determined to be withdrawn or abandoned
  • determined to be manifestly unfounded or with no credible basis
  • excluded from refugee protection pursuant to section 1(F) of the United Nations Convention Relating to the Status of Refugees
• has not had their refugee status determined to be ceased or vacated
• is not inadmissible to Canada, nor are their family members, for reasons other than the ones listed in the temporary public policies:
  • having failed to comply with conditions related to their temporary stay including
    • having overstayed a
      • visa
      • visitor record
      • work permit
      • student permit
  • having worked or studied without being authorized to do so under the Immigration and Refugee Protection Act (IRPA) (as long as they were issued a work permit after they made a claim for asylum)
  • having entered Canada without the required visa or other document required under the IRPR

  • having entered Canada without a valid passport or travel document

    Note: For the purpose of granting permanent residence pursuant to this public policy, foreign nationals and their family members are required by subparagraph R72(1)(e)(ii) to provide IRCC with any of the documents listed under subsection R50(1). If they and their family members in Canada are unable to obtain any of these documents (for example, a valid passport or travel document), an exemption from this requirement can be granted if they can provide any of the documents described in subsection R178(1), if the alternative document complies with the requirements of subsection R178(2).

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

• send a request to the IRB to have the pending claim put on hold until a decision is rendered on the permanent residence application under one of the public policies

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.

• See Assessing the work-related requirements

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

• are the spouse or common-law partner of a foreign national who contracted COVID-19 and passed away prior to applying for permanent residence under this public policy or after applying but before being granted permanent residence and who would have met the following conditions:
  • were a pending or failed refugee claimant prior to March 13, 2020, who continued to reside in Canada
  • were authorized to work in Canada by virtue of a work permit or work permit exemption under section R186
    • if the individual lost their authorization to work as a result of a removal order against them becoming enforceable due to a final negative decision on their refugee claim, work performed subsequent to the loss of that authorization need not be authorized
  • worked in Canada in a designated occupation at any time between March 13, 2020 and August 14, 2020
    • Note: Having worked 120 hours and having 6 months’ experience is not a requirement in this situation.
    • If the applicant intends to reside in Quebec, Quebec will assess the occupation and experience criteria.
• resided in Canada prior to August 14, 2020
• are not inadmissible to Canada, nor are their family members, for reasons other than those indicated in the public policy as described above

IRCC will also verify that the applicant

• has not been found ineligible to have their claim referred to the IRB
• has not had their claim
  • determined to be withdrawn or abandoned
  • determined to be manifestly unfounded or with no credible basis
  • excluded from refugee protection pursuant to section 1(F) of the United Nations Convention Relating to the Status of Refugees
• has not had their refugee status determined to be ceased or vacated

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

• send a request to the IRB to have the pending claim put on hold until a decision is rendered on the permanent residence application under one of the public policies

Assignment

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

• See Assessing the work-related requirements

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.