Overseas work permit applicants defined as essential workers: Biometrics exemption under a temporary public policy

Special measures were implemented to facilitate work permit issuance overseas in certain key industries (seasonal agricultural workers, agricultural stream workers, agri-food sector workers, truck drivers and health-care workers).

When biometric enrolment is not possible due to travel restrictions or visa application centre closures, the decision has been made to waive biometrics collection overseas for these workers (who require biometrics). Clients may then be enrolled at the port of entry (POE) upon arrival when feasible. These measures will remain in place until the public policy is revoked by the Minister.

These measures apply to the following National Occupational Classification (NOC) codes:

Agriculture and agri-food sectors (including truck drivers)

• NOC 6331 – Butchers, meat cutters and fishmongers – retail and wholesale
• NOC 7511 – Transport truck drivers
• NOC 8252 – Agricultural service contractors, farm supervisors and specialized livestock workers
• NOC 8431 – General farm workers
• NOC 8432 – Nursery and greenhouse workers
• NOC 8611 – Harvesting labourers
• NOC 9463 – Fish and seafood plant workers
• NOC 9617 – Labourers in food and beverage processing
• NOC 9618 – Labourers in fish and seafood processing
• NOC 9462 – Industrial butchers and meat cutters, poultry preparers and related workers

Health-care sector

• NOC 3011 – Nursing co-ordinators and supervisors
• NOC 3012 – Registered nurses and registered psychiatric nurses
• NOC 3111 – Specialist physicians
• NOC 3112 – General practitioners and family physicians
• NOC 3124 – Allied primary health practitioners
• NOC 3125 – Other professional occupations in health diagnosing and treating
• NOC 3131 – Pharmacists
• NOC 3211 – Medical laboratory technologists
• NOC 3212 – Medical laboratory technicians and pathologists’ assistants
• NOC 3214 – Respiratory therapists, clinical perfusionists and cardiopulmonary technologists
• NOC 3215 – Medical radiation technologists
• NOC 3217 – Cardiology technologists and electrophysiological diagnostic technologists, n.e.c.
• NOC 3233 – Licensed practical nurses
• NOC 3234 – Paramedical occupations
• NOC 3413 – Nurse aides, orderlies and patient service associates
• NOC 4412 – Home support workers, housekeepers and related occupations

If the applicant is subject to the biometrics requirement (meaning they are not exempt under the 1 in 10 policy), an officer specified under the Instrument of Designation and Delegation may waive the requirement overseas in accordance with the public policy in order to expedite processing, except in situations where

• there is a biographic hit against the U.S. that is serious (for example, Unqualified Non-Immigrant would not meet the threshold of what is considered serious)
• the integrated search reveals a TIPOFF U.S./Canada (TUSCAN) hit
• there is another reason to believe that the person may be inadmissible

If the applicant has met all other program requirements and there are no outstanding concerns, such as those cited above, the application can be finalized and an approval letter issued to the client.

If biometrics are waived overseas, officers should select “Exempt-Pub Pol (in-Canada)” in order to bypass the biometrics requirement (note: there is no other “public policy exempt” drop-down option, which is why this one is being recommended as the closest option that reflects the correct exemption reason). The biometric instruction letter (BIL) will need to be cancelled where biometrics have been exempted. In the case of an e-application, if the BIL has been automatically sent to the client, the office should consider communicating with the client as appropriate. IRCC will also endeavour to advise clients of this change through other channels (outreach to stakeholders, etc.).

If the biometric fees have been paid, a refund will need to be issued.

The biometric fee record can be either deleted if there has been no payment, or changed to “entered in error” if a payment has been made.

To mitigate the risks associated with waiving biometrics, collection for this group will be done, when operationally feasible, on arrival at the POE. In order for the Canada Border Services Agency (CBSA) to be alerted as to who needs to be enrolled at the POE, a visible remark should be added to the work permit itself that says, “COVID PP – Bio Req at POE”.

Case notes in the Global Case Management System (GCMS) should be added to the application as follows:

Where possible, applicants should be advised that their biometrics will be collected upon arrival at the POE by CBSA border services officers.

CBSA’s collection of biometrics at POEs will be discretionary for the purpose of assessing admissibility under subsection A16(2) and not for the purpose of rendering a decision on the visa or permit application under section A10.01. Fees will not be collected at POEs.

However, prints taken at the POE will be done as an IMM enrolment type, and therefore clients will benefit from the 1 in 10 policy, meaning that prints taken for this group at the POE can be applied to future temporary residence applications (for up to 10 years).

The Centralized Network will manually associate prints collected at POEs with clients in GCMS retroactively.