New Pathways to Canadian Immigration

The Trudeau government is signaling yet again that immigration policy will play a significant role in fueling Canada’s economic recovery post covid.  The announcement by IRCC Minister Marco Mendicino on April 14, 2021 underscores Canada’s commitment that immigration will be part of the solution not part of problem.

This pandemic has brought to the forefront and highlighted the important contributions immigrants make to the health and welfare of our society.  It also showed us just how reliant our economy is on immigration to fill critical labour market needs across every occupations and sector.  As Canada begins the long road to recovery from the pandemic, immigration policy must adapt to ensure stability in our workforce and prosperity for all Canadians.

All Canadians have lived through this pandemic with eyes wide open seeing how it took the spread of COVID19 across our borders to expose some of our greatest vulnerabilities.   We have learned in the clearest sense that we have a shortage of essential workers in virtually every critical sector of our economy.  We have food security issues and other supply chain shortages.  We lack the ability to produce critical medicines and vaccines.  We have shortages in critical personal protective equipment.  With these realities painting a dark and ominous picture, Canada knows it must be bold, it must be innovative, and it must be quick to act.   And while this announcement is a good first step, it likely does not go far enough.   There are many details lacking to properly evaluate how successful this new temporary public policy initiative will be to help jump start Canada’s economic recovery. 

Opportunities for International Students & Foreign Workers

For those international students and foreign workers that have been here in Canada during this pandemic and working in traditionally undervalued jobs, this could be a life changing opportunity for you.   Canada has come to appreciate the significant contributions you have made to our society.  It took a pandemic for us to know just how important your contributions have been to help all Canadians get through this unprecedented time. 

However, the number of visa’s made available to transition you to Permanent Residence will be capped at 90,000.  If anything is certain, competition will be fierce.  That cap will be reached fairly quickly once the gun goes off and the systems opens up for applications on May 6, 2021.  If you are not preparing from now, you will be left behind.  

And while Canada wants to show its appreciation, the overwhelming part of the calculus here is practical considerations.  We have a shortage of essential workers in many industries and occupations.  We also have many foreign workers and international graduates currently living and working in Canada.  It only seems logical to create pathways that help essential workers and graduates’ transition to Canadian permanent residency not only to address short term interests, but also to facilitate long term planning.   Only time will tell as to whether or not Canada missed the mark by only creating 90,000 Visa openings, and by restricting the pool of eligible Canada’s.  

Who is eligible for the new accelerated PR Programs

The public policy targets foreign nationals who have been granted an eligible Canadian credential, and who are currently employed in Canada, to provide an influx of talent across the economic landscape.  In so doing, the public policy recognizes the economic contribution of recent international graduates and acknowledges Canada’s ongoing need for the talent, skills, Canadian education and work experience of these skilled immigrants, which has been exacerbated during this exceptional time. 

The government of Camada has instituted temporary policies to grant permanent residence to foreign nationals in Canada, outside of Quebec under the following criteria:

With a recent credential from a Canadian post-secondary institution

Based on public policy considerations, delegated officers may grant permanent resident status to foreign nationals who meet the following conditions.

The foreign national must:

1. Have completed, prior to the date on which the application for permanent residence is received and no earlier than January 2017, a program of study at one of the following “Designated Learning Institutions” in Canada as defined in section 211.1 of the Regulations:
   • a public post-secondary institution, such as a college, trade/technical school, university or in Quebec CEGEP
   • a private post-secondary school in Quebec that operates under the same rules and regulations as public institutions in Quebec
   • a private or public post-secondary institution in Quebec offering qualifying programs of 900 hours or longer leading to a diploma of vocational studies (DVS) or an attestation of vocational specialization (AVS)
   • a Canadian private institution authorized by provincial statute to confer degrees under provincial law but only if the program of study completed was a degree as authorized by the province, which may not include all programs of study offered by the private institution.
2. Have been granted one of the following credentials, following the completion of a program study from an eligible institution as defined in a):
   • a degree (Associate, Bachelor’s, Master’s, or Doctorate) which must be a degree issued on completion of a program of at least 8 months in duration;
   • a degree, diploma, certificate, or attestation issued on completion of a program of any duration leading to an occupation in a skilled trade (listed in Annex A); or
   • one or more diploma/certificate/attestation where the following conditions are met:
     • For diplomas/certificates/attestations, each program of study must be at least 8 months in duration and the combined length of the credential(s) must be equivalent to a two-year credential (at least 16 months in duration).
     • For the DVS and AVS, each program of study must be at least 900 hours in duration and the combined program of study must be at least 1,800 hours in duration.
       • When combining one AVS with one DVS, the length of the AVS may be less than 900 hours if the combined length is at least 1,800 hours.
     • For greater clarity, each combined credential must meet the eligible program requirements as defined in a), including the completion no earlier than January 2017.
3. Have been authorized pursuant to the Act و Regulations to study throughout their education in Canada;
4. Be employed in Canada with a valid permit or authorization to work pursuant to the Act و Regulations at the time the application for permanent residence is received and must not be self-employed, unless working as a medical doctor in a fee-for-service arrangement with a health authority. The employment must meet the definition of work under subsection 73(2) of the Regulations;
5. Have attained a level of proficiency of at least benchmark 5 in either official language for each of the four language skill areas, as set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens. This must be demonstrated by the results of an evaluation by an organization or institution designated by the Minister for the purpose of evaluating language proficiency under subsection 74(3) of the Regulations; and the evaluation must be less than two (2) years old when the permanent residence application is received;
6. Reside in Canada with valid temporary resident status (or be eligible to restore their status) and be physically present in Canada at the time the application for permanent residence is received and when the application is approved;
7. Intend to reside in a province or territory other than Quebec;
8. Have submitted an application for permanent residence using the forms provided by the Department for this public policy and which must include at the time of application all proof necessary to satisfy an officer that the applicant meets the conditions (eligibility requirements) of this public policy, except for evidence required to demonstrate physical presence in Canada at the time of application approval;
9. Have submitted their application for permanent residence under this public policy using electronic means (apply online). Foreign nationals who, because of a disability are unable to meet the requirement to make an application, submit any document or provide a signature or information using electronic means may submit this application by any other means that is made available or specified by the Minister for that purpose; and
10. The foreign national is not inadmissible under the Act و Regulations

Source: Government of Canada

With recent Canadian work experience in essential occupations

The foreign national must:

1. Have accumulated at least one (1) year of full-time work experience, or the equivalent in part-time experience (1,560 hours), in Canada, in an eligible occupation listed in Annex A or Annex B in the three (3) years preceding the date when the application for permanent residence is received. The one year of work experience must be obtained in one or more of the eligible occupations as follows:
   • Stream A: the one year of work experience must have been acquired in one or more occupations listed in Annex A. Experience cannot be combined with Annex B occupations.
   • Stream B: the one year of work experience must have been acquired in one or more occupations listed in Annex B, or a combination of occupations in Annexes A and B.
2. Be employed in Canada in any occupation at the time that the application for permanent residence is received;
3. The employment described in both a) and b) must meet the definition of work under subsection 73(2) of the Regulations, must have been authorized pursuant to the Act و Regulations and must not have been self-employed, unless working as a medical doctor in a fee-for-service arrangement with a health authority;
4. Have attained a level of proficiency of at least benchmark 4 in either official language for each of the four language skill areas, as set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens. This must be demonstrated by the results of an evaluation by an organization or institution designated by the Minister for the purpose of evaluating language proficiency under subsection 74(3) of the Regulations; and the evaluation must be less than two (2) years old when the permanent residence application is received;
5. Reside in Canada with valid temporary resident status (or be eligible to restore their status) and be physically present in Canada at the time the application for permanent residence is received and when the application is approved;
6. Intend to reside in a province or territory other than Quebec;
7. Have submitted an application for permanent residence using the forms provided by the Department for this public policy and which must include at the time of application all proof necessary to satisfy an officer that the applicant meets the conditions (eligibility requirements) of this public policy, except for evidence required to demonstrate physical presence in Canada at the time of application approval;
8. Have submitted their application for permanent residence under this public policy using electronic means (apply online). Foreign nationals who, because of a disability are unable to meet the requirement to make an application, submit any document or provide a signature or information using electronic means may submit this application by any other means that is made available or specified by the Minister for that purpose; and
9. The foreign national is not inadmissible under the Act و Regulations.

Source: Government of Canada

With a recent credential from a Canadian post-secondary institution (French)

The foreign national must:

1. Have completed, prior to the date on which the application for permanent residence is received and no earlier than January 2017, a program of study at one of the following “Designated Learning Institutions” in Canada as defined in section 211.1 of the Regulations:
   • a public post-secondary institution, such as a college, trade/technical school, university or in Quebec CEGEP
   • a private post-secondary school in Quebec that operates under the same rules and regulations as public institutions in Quebec
   • a private or public post-secondary institution in Quebec offering qualifying programs of 900 hours or longer leading to a diploma of vocational studies (DVS) or an attestation of vocational specialization (AVS)
   • a Canadian private institution authorized by provincial statute to confer degrees under provincial law but only if the program of study completed was a degree as authorized by the province, which may not include all programs of study offered by the private institution.
2. Have been granted one of the following credentials, following the completion of program of study as from an eligible institution as defined in a):
   • a degree (Associate, Bachelor’s, Master’s, or Doctorate) which must be a degree issued on completion of a program of at least 8 months in duration;
   • a degree, diploma, certificate, or attestation issued on completion of a program of any duration leading to an occupation in a skilled trade (listed in Annex A); or
   • one or more diploma/certificate/attestation where the following conditions are met:
     • For diplomas/certificates/attestations, each program of study must be at least 8 months in duration and the combined length of the credential(s) must be equivalent to a two-year credential (at least 16 months in duration).
     • For the DVS and AVS, each program of study must be at least 900 hours in duration and the combined program of study must be at least 1,800 hours in duration.
       • When combining one AVS with one DVS, the length of the AVS may be less than 900 hours if the combined length is at least 1,800 hours.
     • For greater clarity, each combined credential must meet the eligible program requirements as defined in a), including the completion no earlier than January 2017.
3. Have been authorized pursuant to the Act و Regulations to study throughout their education in Canada;
4. Be employed in Canada with a valid permit or authorization to work pursuant to the Act و Regulations at the time the application for permanent residence is received and must not be self-employed, unless working as a medical doctor in a fee-for-service arrangement with a health authority. This employment must meet the definition of work under subsection 73(2)of the Regulations;
5. Have attained a level of proficiency of at least benchmark 5 in French for each of the four language skill areas, as set out in the Niveaux de compétence linguistique canadiens. This must be demonstrated by the results of an evaluation by an organization or institution designated by the Minister for the purpose of evaluating language proficiency under subsection 74(3) of the Regulations and the evaluation must be less than two (2) years old when the permanent residence application is received;
6. Reside in Canada with valid temporary resident status (or be eligible to restore their status) and be physically present in Canada at the time the application for permanent residence is received and when the application is approved;
7. Intend to reside in a province or territory other than Quebec;
8. Have submitted an application for permanent residence using the forms provided by the Department for this public policy and which must include at the time of application all proof necessary to satisfy an officer that the applicant meets the conditions (eligibility requirements) of this public policy, except for evidence required to demonstrate physical presence in Canada at the time of application approval;
9. Have submitted their application for permanent residence under this public policy using electronic means (apply online). Foreign nationals who, because of a disability are unable to meet the requirement to make an application, submit any document or provide a signature or information using electronic means may submit this application by any other means that is made available or specified by the Minister for that purpose; and
10. The foreign national is not inadmissible under the Act و Regulations.

Source: Government of Canada

With recent Canadian work experience in essential occupations (French Speaking)

The foreign national must:

1. Have completed at least one (1) year of full-time work experience, or the equivalent in part-time experience (1,560 hours), in Canada, in an eligible occupation listed in Annex A or Annex B in the three (3) years preceding the date when the application for permanent residence is received. The one year of work experience must be obtained in one or more of the eligible occupations as follows:
   • Stream A: the one year of work experience must have been acquired in one or more occupations listed in Annex A. Experience cannot be combined with Annex B occupations.
   • Stream B: the one year of work experience must have been acquired in one or more occupations listed in Annex B, or in a combination of occupations in Annex A and B.
2. Be employed in Canada in any occupation at the time that the application for permanent residence is received;
3. The employment described in both a) and b) must meet the definition of work under subsection 73(2) of the Regulations, must have been authorized pursuant to the Act و Regulations and must not have been self-employment, unless working as a medical doctor in a fee-for-service arrangement with a health authority;
4. Have attained a level of proficiency of at least benchmark 4 in French for each of the four language skill areas, as set out in the Niveaux de compétence linguistique canadiens, This must be demonstrated by the results of an evaluation by an organization or institution designated by the Minister for the purpose of evaluating language proficiency under subsection 74(3) of the Regulations; and the evaluation must be less than two (2) years old when the permanent residence application is received;
5. Reside in Canada with valid temporary resident status (or be eligible to restore their status) and be physically present in Canada at the time the application for permanent residence is received and when the application is approved;
6. Intend to reside in a province or territory other than Quebec;
7. Have submitted an application for permanent residence using the forms provided by the Department for this public policy and which must include at the time of application all proof necessary to satisfy an officer that the applicant meets the conditions (eligibility requirements) of this public policy, except for evidence required to demonstrate physical presence in Canada at the time of application approval;
8. Have submitted their application for permanent residence under this public policy using electronic means (apply online). Foreign nationals who, because of a disability are unable to meet the requirement to make an application, submit any document or provide a signature or information using electronic means may submit this application by any other means that is made available or specified by the Minister for that purpose; and
9. The foreign national is not inadmissible under the Act و Regulations.

Source: Government of Canada

If you have any questions about these new pathways to Canadian residency status opening up on May 6, or if you would like to be assessed on an urgent basis to determine your eligibility to apply, please contact us Kadri Law at 519-258-8188 or book an assessment today.