CIMM - Public Policies and Facilitative Measures for Temporary Workers – For Discussion - Nov 25, 2020

[redacted] appears where sensitive information has been removed in accordance with the principles of the Access to Information Act and the Privacy Act.

Public Policy 1 - Changing Employers

Allows temporary workers already in Canada who are changing jobs or employers, to begin work in advance of a final decision. The finalization of the WP application ensures workers are protected under relevant employer compliance regulations.

Purpose

Resource implications

Yes. Additional work assessing the PP request. This requires additional resources from CEB to triage the PP requests. Additional resources are also used at CPC-E to pull and review WP applications as part of PP eligibility assessment

Flagpoling implications

By allowing applicants to change employer, and providing proof of approval, workers no longer need to flagpole for an immediate WP.

Volumes

Results

Pros and Cons

Pros

[Redacted]

Public Policy 2 - Restoration with interim work authorization

Allows for an extended period to restore their status if they had a TR status on January 30, 2020 but lost it after that date. In addition, former temporary workers who held a work permit within 12 months period could request an interim work authorization while awaiting decision on their new WPs.

Purpose

Resource implications

Yes. Applications require more resources to complete than a regular one as there is the extra work assessing the PP request.

Flagpoling implications

It extends the period for restoration from within Canada, removing the need for flagpoing to restore status.

Volumes

Results

Pros and Cons

Pros

[Redacted]

Public Policy 3 – Visitor to worker

Visitors who were in Canada on Aug 24, 2020, have valid status when they apply with a job offer, will have until March 31, 2021, to apply for an employer-specific WP under the TFWP or IMP. Those who held a WP in the year prior to their application but subsequently converted to visitors will also be able to request to start their employment while their WP application is processed.

Purpose

Resource implications

Moderate: Visitors wouldn’t have been eligible to apply for a WP while in Canada, therefore, it has increased demand on the Centralized processing network. However, it is too early to assess the impact on processing.

Flagpoling implications

Facilitates obtaining additional authority from within Canada without having to flagpole.

Volumes

Results

Pros and Cons

Pros

[Redacted]

Public Policy – Biometrics exemption for overseas WP applicants in key industries

Provides exemption from biometrics collection overseas for foreign nationals applying for a WP in key industries, with biometrics enrolment to take place upon arrival in Canada at the POE. LEAD: IRM

Purpose

Resource implications

Yes. Requires more CBSA resources for biometrics collection at the POE

Flagpoling implications

No

Volumes

Results

Moderate uptake Temporary foreign workers in key industries were able to obtain a WPs and travel to Canada.

Pros and Cons

Pros

[Redacted]

Public Policy – Biometrics exemption for in Canada applicants

Canada applicants - Provides exemption from biometrics collection for foreign nationals in Canada applying for a temporary resident visa or status, WP, study permit, or temporary resident permit. LEAD: IRM

Purpose

Resource implications

No it facilitates approval of temporary resident applications.

Note: an initial increase in resources was needed to apply biometric waiver until IT changes made

Flagpoling implications

No

Volumes

Results

Pros and Cons

Pros

[Redacted]

Facilitation Measures – Issuance of permit in Canada for Letter of Introduction (LOI) Holders

Allows for the examination of foreign nationals who are in Canada with a LOI after approval of a study or WP application processed outside of Canada.

Purpose

Is it resource intensive on the networks?

Yes. This process is done by DN upon receipt of a request from the foreign national.

This is an additional line of business that DN did not previously have. However DN officers are now familiar with this POE process.

How does it address flagpoling?

Yes. Clients who are in Canada and who need activate their WP/SP do not have to flagpole.

Volumes

Results

Pros and Cons

Pros

[Redacted]

Facilitation Measures – SAWP LMIA extension

Service Canada has agreed to extend LMIA issued under the SAWP for employers who wish to extend their workers’ employment duration, beyond the 8-months limit, for season 2020. LMIAs will be extended by Service Canada for a maximum of 30 days as a measure to support agricultural employers.

Purpose

Is it resource intensive on the networks?

Yes. A process was established with CN for applicants to send their applications on paper and clearly identify the envelope for priority processing

How does it address flagpoling?

No.

Volumes

Results

Pros and Cons

Pros

[Redacted]

Facilitation Measures – Priority processing for essential occupations (agriculture, health and transport industries including specific occupations for Quebec)

Identification of the NOCs for the essential occupations, aligning with ESDC prioritizing the processing of LMIAs for NOCs related to agriculture, agri-food and truck driving. At the request of the Quebec government, certain NOCs in the health care and education sectors were also added.

Purpose

Is it resource intensive on the networks?

Yes. The prioritization process coordination with OPPB and Networks to provide a report of incoming applications daily.

How does it address flagpoling?

No.

Volumes

Results

Pros and Cons

Pros

[Redacted]

Facilitation Measures – 14 day processing for Film and TV industry

Following Minister’s interest, this was implemented through PDI updates on September 28, 2020. Clients self-identify via Webform to request priority processing. Also, facilitates travel during COVID-19 travel restrictions.

Purpose

Is it resource intensive on the networks?

Yes. It requires additional resources to identify and track priority processing.

How does it address flagpoling?

No.

Volumes

Between March and September 2020, of the 957 C14 work permits applications were received (excluding extensions) - 98% were issued to temporary resident visa-exempt applicants.  89% of C14 work permits were issued at a port of entry and 80% of work permits were issued to United States citizens.

Results

Pros and Cons

Pros

[Redacted]

Facilitation Measures – Counterfoil-less visa issuance

In situations where a counterfoil cannot be affixed into a passport, applicants who meet the travel restrictions exemption criteria and who are travelling to Canada for exceptional/critical purposes are issued a TRV counterfoil letter for presentation to airline and CBSA. CBSA is also notified regarding the travel itinerary.

Purpose

Is it resource intensive on the networks?

[Redacted]

How does it address flagpoling?

No.

Volumes

As of October 30, 2020 the RROC has issued 11,190 foil-less visas to clients from all eligible lines of business.

This 11,190 does not include foil-less visas issued by other offices (IRCC Manila, IRCC Sydney, CN) which are doing their own foil-less visa issuance.

Results

Pros and Cons

Pros

[Redacted]

Facilitation Measures – Immigration medical examinations (IME)

An extension to 90 days to undergo a medical exams has been implemented. Some medical results will be reassessed and an extension of the IME validity may be granted depending on the country. LEAD: MHB

Purpose

Is it resource intensive on the networks?

Yes. MHB needs to review applications to assess whether an extension of time is required or to assess if IME results can be extended.

How does it address flagpoling?

No.

Volumes

TBD

Results

Pros and Cons

Pros

[Redacted]

Impacts at a glance:

Measures Volumes Impact on flagpolling Operational efforts Recommendation on way forward Decision Points
PP – Changing Employers 3 3 4 Keep June 2021
PP -  Restoration 1 2 1 Sunset – High level of risk End of calendar year
PP – Visitors to Workers 2 3 3 Sunset – Low uptake End of calendar year
PP – Biometrics exemption for overseas WP applicants in key industries 3 No. 3 Keep June 2021
PP – Biometrics exemption for in-Canada applicants 4 No. 1 Keep – until SC is able to meet demand TBD
Issuance of permit in Canada for Letter of Introduction (LOI) Holders  3 4 3 Keep New fiscal year
SAWP LMIA extension 2 3 2 Sunset – Start of new season soon N/A until next season
Priority processing for essential occupations (agriculture, health and transport industries including specific occupations for Quebec) 3 2 2 Keep End of calendar year – Assessed every quarter
14 day processing for Film and TV industry 3 No. 3 Sunset – Resume normal processing End of calendar year
Counterfoil-less visa 3 No 4 Keep End of calendar year
Immigration medical examinations (validity extension and extra time to undergo IME) 3 No. 3 [Redacted] [Redacted]

[Redacted]

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