Prepared by: Chinese and Southeast Asian Legal Clinic
Current as of: April 15, 2021
OVERVIEW
On April 14, 2021, the Government of Canada announced public policies that create new pathways to permanent residence for over 90,000 essential workers and international graduates. This time-limited program will grant permanent status to temporary workers and recent graduates who currently reside in Canada and have the skills and experience needed to fight the COVID-19 pandemic and accelerate Canada’s economic recovery.
On May 6, 2021, Immigration, Refugees and Citizenship Canada (IRCC) will begin accepting applications under these three streams:
- 20,000 applications for temporary workers in health care (include 40 health care occupations)
- 30,000 applications for temporary workers in other selected essential occupations (include 95 essential jobs across a range of fields such as cashiers, caregiving, food production and distribution)
- 40,000 applications for international students who graduated from a Canadian institution
Applications will remain open until November 5, 2021, or until each stream has reached its limit. Up to 90,000 new permanent residents will be admitted in total under these three streams.
In a parallel process, three additional streams will be launched for French-speaking candidates. There will be no intake limits on these streams.
ELIGIBILITY
a. Individuals Working in an Essential Occupation
To be eligible for the first or second stream, foreign nationals must meet the following conditions, among others:
- Have at least 1 year of full-time Canadian
work experience or the equivalent in part-time experience (i.e. 1,560 hours) in
an eligible occupation
- Health-related profession (see: Annex A)
- Other essential occupations (see: Annex B)
- Be employed in any occupation at the time of application (not just those listed in Annexes A and B)
- Have attained at least benchmark 4 in the Canadian Language Benchmarks (CLB 4) in
either English or French
- Evaluation must be completed within the last 2 years
- Reside in Canada with valid temporary residence status (or be eligible to restore status) and be physically present in Canada at the time of application
The last requirement means, for instance, a refugee claimant or a failed refugee claimant who does not have a valid visa, but only a valid work permit, would not be eligible under the program.
b. Recent International Graduates
To be eligible for the third stream, foreign nationals must meet the following conditions, among others:
- Have graduated from a program of study at an eligible “Designated Learning Institution” in Canada (see: list) no earlier than January 2017
- Have
graduated with one of the following credentials:
- A degree from a program 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)
- One
or more diplomas, certificates, or attestations where
- each program is at least 8 months in duration and;
- the combined length of the program(s) is equivalent to a two-year credential (at least 16 months in duration)
- While
there is no minimum work experience required, must be employed in Canada with a
valid work permit or other authorization to work at the time of application
- Does not include self-employment unless a medical doctor
- Have
attained at least CLB 5 in either English or French
- Evaluation must be completed within the last 2 years
- Reside in Canada with valid temporary residence (or be eligible to restore status) and be physically present in Canada at the time of application
HOW TO APPLY
Applications will be submitted online. More details on instructions is expected in the coming weeks.
CSALC encourages individuals who may be eligible for the new pathways to contact us or other legal clinics for more information.
Those who are not eligible for this new program may still be eligible to apply for permanent residence status on humanitarian and compassionate grounds. We encourage those with questions about permanent resident status to call our clinic or their local legal clinic for more information and advice.