CIMM - Facilitative Measures, Policies and Programs - Nov 25, 2020

Key messages

• Building on our Transformation Strategy, my Department continues to innovate and evolve in our operations. We have revisited some policies and are exploring more ways to adapt to the current situation and create the flexibility to respond to the circumstances.
• We have implemented temporary public policies to exempt some clients from having to give biometrics, including permanent residence applicants who have given biometrics in the last 10 years, and some foreign workers in key occupations from having to give their biometrics before coming to Canada.
• IRCC has implemented three new temporary public policies to provide options for temporary residents already in Canada so they can start working, continuing working or quickly change employers.
• We are also giving international students more flexibility to maintain their eligibility for a future post-graduation work permit if they’ve had to complete some of their program online from their home country.

Supplementary messages

Facilitative measures for international students regarding Post-Graduation Work Permit Program eligibility

• Given the impact of COVID-19 on international students and the post-secondary sector, temporary policy changes have been made to post-graduation work permit eligibility requirements.
• Under normal circumstances, 50% of a program of study must be completed in-Canada and in-class, and time spent studying outside of Canada is deducted from the length of the work permit.
• A number of temporary policy changes have been made to ensure international students can remain eligible for the Post-Graduation Work Permit Program if they study online in or outside Canada.
• In Canada: Students who are studying in Canada and whose classes have been moved online due to COVID-19-related health restrictions will remain eligible for the post-graduation work permit.
• Outside Canada: Time spent studying outside of Canada in a post-graduation work permit-eligible program offered by an eligible Canadian institution until April 30, 2021, may be counted toward the overall length of the post-graduation work permit, provided the student completes at least 50% of their program of study’s total courses in Canada (either online or in class).
• In addition, temporary policy changes have been made to support those who wish to take more than one program, and for those in short-term programs (8-12 months in length) who may be unable to travel to Canada to complete 50% of their program:
  • Short-term studies: Students who started short programs (8 to 12 months in length) in the spring, summer or fall 2020 semester may complete their entire program of study outside of Canada and still maintain post-graduation work permit eligibility, provided that they meet all the other applicable program requirements. Time spent studying outside of Canada after April, 30, 2021, may be deducted from the length of the post-graduation work permit.
  • More than one program: Students who begin a program of study in the spring, summer or fall 2020, and complete that program entirely online up to April 30, 2021, and who graduate from another program of study, may be able to combine the length of the two programs when applying for a post-graduation work permit as long as both programs are eligible and 50% of the combined length of the programs is completed in Canada.
• These measures are available to eligible students who, at the time of their online studies, held a valid study permit, had been approved for a study permit, or who had submitted a study permit application prior to commencing their program of study in the spring, summer or fall 2020 semester, or the January 2021 semester. All students must eventually be approved for the study permit to be eligible for a post-graduate work permit.

Ministerial Instructions – Visitors and other temporary residents

• Ministerial Instructions are currently in effect to January 31, 2021 (and may be extended) that require that applications for a temporary resident visa (including a transit visa), a work permit or a study permit submitted by foreign nationals who are outside Canada at the time of the application be submitted using electronic means (in other words, applicants must apply online).
• There are exceptions for foreign nationals who are unable, by reason of disability, to apply electronically. In addition, there are two groups of temporary residence applicants that are exempt from the requirement to submit an application online:
  • Applicants holding an identity or travel document that is of the type issued by a country to non-national residents, refugees or stateless persons who are unable to obtain a passport or other travel documents from their country of citizenship
  • Applicants under the Seasonal Agricultural Worker Program

Workers

• Temporary foreign workers play a vital role in our economy by helping employers fill jobs when no Canadians or permanent residents are available, and by bringing ready skills and expertise to companies seeking a competitive advantage.

Facilitative measures for in-Canada work permit applicants

• For temporary foreign workers already in Canada, IRCC has introduced several measures to help clients affected by the disruption in services and travel due to the coronavirus outbreak.
• Temporary foreign workers in Canada whose temporary resident status will soon expire are being advised to apply online to extend their status before it expires.
  • This allows foreign workers to maintain their temporary resident status in Canada while their application for extension is processed by IRCC. By doing so, their period of authorized stay as a temporary resident is extended by operation of law (i.e. “maintain status”).
  • In addition, they are authorized to continue to work while their application to renew their work permit is processed by IRCC, provided they do not leave Canada and continue to abide by the conditions of their expired work permit until the new one is approved.
  • An Acknowledgement of Receipt letter is provided with work permit renewal applicants who qualify for authority to work without a permit under Immigration and Refugee Protection Regulations. It indicates that their authority to work continues for 120 days (starting on the date of receipt), thereby providing an acknowledged period of time that applicants may share with their employers to confirm their status.
  • Meanwhile, a public policy has been put in place enabling eligible temporary foreign workers in Canada with a new job offer and accompanying labour market impact assessment (where required) to start work right away while their work permit application is processed. This will help ensure labour mobility.
• Another public policy was implemented allowing eligible foreign nationals who lost their temporary resident status between January 30, 2020, and December 31, 2020, to apply to restore their status even if their status has been expired for more than 90 days. Those who previously held a work permit, may also be eligible to start work right away while their work permit and restoration applications are processed.
• In addition, a public policy was implemented allowing visitors who would not normally be eligible to apply for a work permit from within Canada, to apply for an employer-specific work permit from within Canada if they have a job offer and were in Canada on August 24, 2020, and have remained in Canada. For those visitors who held a valid work permit within the past 12 months, they may also be eligible to start working for their new employer while their work permit application is processed.
• Regarding biometrics, a public policy was put in place on July 15, 2020 that exempts foreign nationals in Canada from the requirement to provide biometrics, and that will apply to all pending and new applications or requests for a temporary resident visa or status, work permit, study permit or temporary resident permit from foreign nationals in Canada. The public policy remains in place until revoked by the Minister.

Facilitative measures for overseas work permit applicants

• Additional special measures have been introduced to facilitate work permit issuance to those overseas applying to work in key sectors, such as health, agriculture, agri-food and trucking. These applications are being prioritized.
• We have provided an exemption from the requirement to provide biometrics for work permit applicants in the agriculture, agri-food, health care and trucking sectors where enrolment is not possible due to travel restrictions or visa application centre closures. An officer retains the discretion to collect biometrics at the port of entry on a case-by-case basis.
• Foil-less visas are being used in exceptional cases where a visa counterfoil cannot be affixed into a passport due to, for example, visa application centre closures and limited printing capacity at migration offices due to COVID-19 pandemic restrictions.
• Most recently, workers in the film and television industry have been added to the list of applications that are prioritized. Foreign workers in this industry help support the return to business in this sector and the Canadian economy.

Pathways to permanent residence for temporary foreign workers

• There are a range of economic immigration programs through which foreign nationals, including temporary workers, can immigrate to Canada.
• Temporary foreign workers are a promising pool of talent to transition to permanent residence, as Canadian work experience, labour market attachment, language skills and social and cultural integration are known to lead to positive, long-term outcomes.
• Canada’s economic immigration pathways primarily focus on year-round occupations and work, to ensure that future permanent residents are able to successfully establish themselves economically.
• While the Seasonal Agriculture Worker Program and Primary Agriculture Stream – under Employment and Social Development Canada’s Temporary Foreign Worker Program – are not premised on a transition to permanent residence model, some workers may transition to permanent residence through various programs.
• The recently-launched Agri-Food Pilot tests an industry-specific approach to help employers in the meat processing, mushroom and greenhouse crop production, and livestock-raising industries fill ongoing labour needs for full-time, year-round employees. It provides a new pathway to permanent residence for experienced, non-seasonal workers in specific industries and occupations.
• Applicants must have a minimum of 12 months of full-time, non-seasonal Canadian work experience in an eligible occupation and industry obtained through the Temporary Foreign Worker Program over the last three years; have a full-time, non-seasonal job offer in an eligible occupation and industry; and, meet other criteria such as minimum language and educational requirements.
• Finally, due to work interruptions caused by the pandemic, a public policy has been put in place for applicants under the Rural and Northern Immigration Pilot, to exempt them from the requirement to accumulate work experience over a continuous period. Rather, work experience of at least one year of full-time work (or, an equal amount in part-time) within the last three years will be accepted, whether that work experience is continuous or not.

Permanent residents: Francophone immigration

• We recognize that immigration is key to supporting the vitality of Francophone minority communities across the country. Our objective is to reach a target of 4.4% of French-speaking permanent residents outside Quebec by 2023.
• On October 27, 2020, policy changes were announced to increase points under the Express Entry system awarded to French-speaking and bilingual candidates. This change could increase French-speaking permanent resident admissions to the 4.4% target by 2023. Making progress towards reaching this target will be facilitated by an eventual easing of travel restrictions associated with the global pandemic. The Department is closely monitoring the impact of the pandemic on Francophone immigration outside of Quebec.
• French-speaking foreign nationals also come to Canada through temporary foreign worker programs. To support Francophone immigration outside Quebec, in 2016, we launched Mobilité Francophone, a dedicated temporary residence stream that enables French-speaking foreign nationals to gain Canadian work experience, which can help them qualify for permanent residence.

Facilitative measures for permanent residence applicants

• The COVID-19 pandemic has led to service disruptions in Canada and overseas. For that reason, effective September 10, 2020, a public policy has been put in place that will exempt foreign nationals from the biometrics collection requirement if they:
  • have a pending or new application for permanent residence; and
  • have previously provided their biometrics within the 10-year period before the day on which they made the current permanent residence application.
• In response to mail disruptions and office closures affecting some designated language testing and educational credential assessment organizations, IRCC is accepting electronic language test results and educational credential assessment reports as part of applications for permanent residence.
• IRCC and the Canada Border Services Agency reached an agreement to facilitate travel for permanent resident applicants who were approved on or before March 18, 2020, and were not able to travel to Canada before their Confirmation of Permanent Residence expired. As there has not been any capacity at many missions to reissue, reprint and mail those Confirmations to clients (including handling passports), an alternative approach was developed to allow clients to travel to Canada using their expired Confirmation document along with an authorization letter, valid for 60 days, from IRCC advising that the Confirmation’s validity has been extended in the Global Case Management System, but not reprinted.

Public policy on 2020 income requirements for Family Class sponsorship

• Given that many sponsors may have been financially impacted by the exceptional circumstances of the COVID-19 pandemic, IRCC introduced the temporary public policy titled “Temporary public policy concerning applications for permanent residence as a member of the family class whose sponsor must meet a minimum income requirement in 2020”.
• As a result of this public policy, the income requirement that sponsors of parents and grandparents must meet for the 2020 tax year will be reduced to the minimum necessary income for eligible applicants, instead of the minimum necessary income plus 30%. In addition, sponsors of all family class applicants eligible under the public policy whose sponsor must meet income requirements will be able to count regular Employment Insurance benefits in their income calculations rather than just special Employment Insurance benefits for 2020.

Guardian Angels public policy

• On August 14, 2020, a temporary public policy was announced to provide a pathway to permanent residence for asylum claimants working in Canada’s health care sector during the COVID-19 pandemic. This public policy recognizes their service on the front lines of the pandemic, where there is an urgent need for help, while putting their own lives at risk to care for others. We are working closely with our provincial counterparts to finalize the details for this special initiative.
• The Government of Canada is grateful for the dedication, commitment and bravery of front line health care workers, and recognizes their service during the pandemic.
• The individuals eligible for consideration under this temporary program are asylum claimants that for the purpose of this public policy includes failed claimants and those with pending claims, who are providing direct care to patients in health care institutions across the country. For its part, Quebec will select applicants intending to reside in the province.
• The designated occupations that are included in this special measure are orderlies, nurses, nurses’ aides and patient service associates, assistant orderlies, and certain home support workers who provide direct care to patients.

Supporting facts and figures

• In 2019, IRCC issued work permits to approximately 405,000 foreign nationals:
  • 75% of these work permit holders were authorized to work in Canada without the need for a labour market test under the International Mobility Program.
  • 25% of these work permit holders required a labour market test under the Temporary Foreign Worker Program.
• This total does not include other sources of temporary labour, such as international students and refugee claimants, who also have certain rights to work.
• As of September 30, 2020, the Department has received 6,016 requests from clients under the public policy allowing foreign workers to change jobs more quickly. Almost 3,400 work permits and interim work authorizations have been issued.
• In 2019, the percentage of French-speaking immigrants admitted to Canada outside Quebec reached 2.82%, an increase from previous years.

Background

• A number of temporary residents in Canada with valid work authorization, including international students and spouses of students and skilled workers, already hold work permits that allow them to change employers quickly and easily, without having to inform the Department. In 2019, close to 70% of all work permits issued were open work permits that allow a foreign worker to change employers at any time.
• Moreover, all workers in Canada have options to apply to extend their stay in Canada should their employer choose to extend their employment, or if they find a new job. Through end of September 2020, 281,372 such applications had been received this year—a 13% increase over 2019 intake for the same period (when 249,408 applications were received).

Canada’s two temporary foreign worker programs

• The Temporary Foreign Worker Program (administered by Employment and Social Development Canada) helps employers who are unable to fill labour market needs where Canadians or permanent residents are not available.
• The Program includes agricultural workers and other workers who require a labour market impact assessment. Approximately 95,700 foreign nationals (out of 405,000) were issued a work permit in 2019 under the Program. Over 56,000, or 59%, of these permits were issued to agricultural workers. Other occupations under the Temporary Foreign Worker Program include caregivers and some high-skilled foreign nationals (including graphic designers and computer engineers) under the Global Talent Stream.
• The International Mobility Program (administered by IRCC) facilitates the entry of foreign nationals under international agreements (e.g. trade agreements), where their employment is deemed to create significant social, economic, or cultural benefit to Canada, or where the work creates reciprocal opportunities for Canadians and permanent residents to work abroad. This program exempts applicants from a labour market impact assessment. Approximately 307,000 foreign nationals (out of 405,000) were issued a work permit in 2019 under this program; 32% (or 98,000) of these permits were issued under the Post-graduate Work Permit Program. Other populations who receive work permits under the International Mobility Program include International Experience Canada participants, spouses of skilled workers and students, and work permits issued pursuant to trade agreements including the Canada-United States-Mexico Trade Agreement.

Pathways to permanent residence

• The Government of Canada offers a suite of economic immigration programs to support the development of a strong and prosperous economy.
• Canada’s core pathways to permanent residence for skilled workers include: the Federal Skilled Worker Program, the Federal Skilled Trades Program, and the Canadian Experience Class. Of these, the Canadian Experience Class provides a pathway for skilled applicants with work experience in Canada; many also have previous study experience in Canada.
• Since January 2015, these programs have be administered through the Express Entry application management system. This system helps us to select skilled workers who are most likely to succeed in the Canadian economy and society over the long term (based on factors such as work experience, education, age, and official language proficiency).
• Through the Provincial Nominee Program, as well as Quebec’s economic immigration programs, all jurisdictions are able to recruit candidates for permanent residence that meet their unique labour market needs. This approach has been largely successful in spreading the benefits of economic immigration across Canada.
• A number of other programs exist that can facilitate the transition of foreign workers and students to permanent residence, including: the Atlantic Immigration Pilot, the Rural and Northern Immigration Pilot, the Agri-Food Pilot, and the Home Child Care Provider and Home Support Worker pilots.

Guardian Angels public policy

• Immigration, Refugees and Citizenship Canada is working closely with the Canada Border Services Agency to ensure appropriate security screenings are in place.
• Eligible applicants with a pending claim or appeal at the Immigration and Refugee Board of Canada could have their claim or appeal put on hold until a decision on their permanent residence application is rendered.
• Immigration, Refugees and Citizenship Canada is working closely with the Canada Border Services Agency to minimize the risk that applicants will be removed while their application is being considered.

Annex

List of facilitative measures for temporary and permanent residents, and asylum claimants (as of November 18, 2020)