CIMM - Asylum Seekers Working on the Front Lines

Key messages

• We are aware of calls to provide a pathway to permanent residency for asylum claimants, across the country working in the health care sector, in recognition of their exceptional service during the COVID-19 pandemic.
• Front-line healthcare workers play a critical role in keeping Canadians healthy. We are all deeply grateful for their dedication, commitment and bravery.
• We recognize that this is a unique situation, and that the people of Canada are extremely appreciative of the work that these asylum seekers have been doing, and we are considering options to recognize this service.
• We continue to work closely and collaboratively with our counterparts in the Quebec Government.
• Jurisdiction over immigration to Quebec is shared between the governments of Canada and Quebec under the Canada-Quebec Accord.

Supplementary messages

• Asylum claimants in Canada generally have access to the Interim Federal Health Program and temporary work permits.
• In addition they have access to interim housing, social assistance, education and legal aid through the provincial and territorial governments.
• In the context of COVID-19, asylum claimants and protected persons may be eligible for the Canada Emergency Response Benefit, a temporary income support for residents of Canada who have stopped working because of COVID-19, as long as they meet the eligibility requirements.
• Additionally, facilitative measures have been introduced to assist asylum claimants during the pandemic, such as by allowing claimants to continue to access services with expired refugee documents until further notice.
• No removals of failed asylum claimants are currently taking place (date for resumption is to be confirmed).

Supporting facts and figures

• Recent media reports and stakeholder interventions have drawn attention to a number of asylum claimants and failed claimants working in Canada’s health care sector during the COVID-19 pandemic, particularly in Quebec.
• It has been suggested that their contribution to Canada during the pandemic merits exceptional measures by both the provincial and federal governments to “regularize” their status in Canada.
• On May 25, 2020, Quebec Premier Legault, announced that he would consider allowing, on a case by case basis, asylum claimants working in Quebec’s long term care centres to regularize their status by applying as immigrants.
• It is believed that many of these individuals may be Haitian nationals who entered Canada irregularly, between ports of entry (i.e., Roxham Road), and have been working legally while awaiting a decision on their asylum claim.
• Discussions between Immigration, Refugees and Citizenship Canada officials and representatives of Quebec’s Immigration Ministry (MIFI) have been ongoing since the week of May 24, 2020.

Figures

• The number of individuals working in Quebec’s health sector is unknown; however some media reports indicate that more than 2,000 asylum seekers have been working in health care support services in that province since 2017-2018.
• It is believed that many of these individuals may be Haitian nationals who entered Canada irregularly, between ports of entry (i.e., Roxham Road), and have been working legally while awaiting a decision on their asylum claim.
• As of March 2020, there were a total of 5,088 pending asylum claims filed by Haitian nationals at the Immigration and Refugee Board.
• The number of asylum claimants with valid work permits in Canada as of April 30, 2020, is 116,919^{Footnote 1}.
• Of these asylum claimants with valid work permits, 40,224 currently reside in Quebec^{Footnote 2}.
• As these are open work permits (i.e., claimants can work for any employer across the country), Immigration, Refugees and Citizenship Canada is unable to reliably confirm how many claimants are working in any specific sector, including health.

Asylum Claimants with Pending Claims

• As of March 31, 2020, the Immigration and Refugee Board had the following pending claims^{Footnote 3}:
  • Refugee Protection Division pending claims (new system claims): 90,267
  • Refugee Appeal Division pending appeals: 8,203

Background

• Under the Quebec-Canada Accord, Quebec selects all immigrants destined to that province, except those in the family class and protected persons.
• The federal government remains responsible for granting permanent residence to Protected Persons in Canada (those who have had a positive determination by the Immigration and Refugee Board), for determining the admissibility of all immigrants to Quebec and for issuing permanent resident visas.
• Any special measures to facilitate permanent residence for asylum seekers intending to reside in Quebec would need to comply with the Canada-Quebec Accord.