The Government announced today that it will be launching its long-awaited pathway for permanent residence for certain refugee claimants working in the health care sector during the COVID-19 pandemic (Health-care workers permanent residence pathway) on December 14, 2020.
What Occupations are recognized for the Pathway for permanent residence for certain refugee claimants working in the health care sector during the COVID-19 pandemic (Health-care workers permanent residence pathway)?
The Following Designated occupations under National Occupational Classification (NOC) are eligible for Pathway for permanent residence for certain refugee claimants working in the health care sector during the COVID-19 pandemic (Health-care workers permanent residence pathway):
- 3011 – Nursing co-ordinators and supervisors
- 3012 – Registered nurses and registered psychiatric nurses
- 3233 – Licensed practical nurses
- 3413 – Nurse aides, orderlies and patient service associates
- 3124 – Allied primary health practitioners Other designated occupations
- 4412 – Home support workers, housekeepers and related occupations only Among the sub-occupations under NOC 4412, housekeepers and related occupations are excluded from the designated occupations under the public policy
What are the Eligibility Requirements for the Pathway for permanent residence for certain refugee claimants working in the health care sector during the COVID-19 pandemic (Health-care workers permanent residence pathway)?
The Eligibility for the Pathway for permanent residence for certain refugee claimants working in the health care sector during the COVID-19 pandemic from outside of Quebec (Health-care workers permanent residence pathway) are as follows:
- The person applying must be a foreign national who has a pending refugee claimant or a failed refugee claimant, who made a refugee claim in Canada prior to March 13, 2020, and continued to reside in Canada when their application for permanent residence was made;
- Was authorized to work in Canada by virtue of a work permit or work permit exemption under section 186 of the Immigration and Refugee Protection Regulations (the Regulations), unless the individual lost their authorization to work as a result of a removal order against them becoming enforceable due to a final negative decision on their refugee claim, in which casework performed subsequent to the loss of that authorization need not be authorized;
- Intends to reside in a province or territory other than Quebec;
- Worked in Canada in one or more designated occupations (see the list above) providing direct patient care in a hospital, public or private long-term care home or assisted living facility, or for an organization/agency providing home or residential health care services to seniors and persons with disabilities in private homes:
- Has worked for a minimum of 120 hours (equivalent to 4 weeks full-time) between March 13, 2020 and August 14, 2020; and,
- for a minimum of 6 months full-time (30 hours per week) or 750 hours (if working part-time) total experience (obtained no later than August 31, 2021); and,
- periods of work in a designated occupation must be paid unless the applicant was doing an internship that is considered an essential part of a post‑secondary study program or vocational training program in one of the designated occupations, or an internship performed as part of a professional order requirement in one of the designated occupations.
- Condition 5 – Is not inadmissible other than for any of the reasons outlined under the Public Policy
- Condition 6 – Has a pending refugee claim or has a claim who has received a final negative decision from the Immigration and Refugee Board (IRB) and, if they have commenced an application for leave and judicial review of the negative IRB decision at the Federal Court, or an appeal in relation to the underlying IRB decision at the Federal Court of Appeal, and who has complied with all other eligibility and admissibility conditions of this public policy, is required, in terms of the final condition of this public policy, to withdraw their refugee claim at the IRB or their appeal of the negative decision by the IRB at the Refugee Appeal Division (RAD), Federal Court application or appeal at the Federal Court of Appeal of the underlying decision of the IRB, in order to be granted permanent residence through the public policy. Should the individual decide not to withdraw their refugee claim at the IRB, their appeal at the RAD, their application at the Federal Court or their appeal at the Federal Court of Appeal, those processes will continue to proceed but their application for permanent residence under this public policy will be refused.
OR
- Was the spouse or common-law partner of a foreign national who would have met conditions 1 and 2, worked in Canada in a designated occupation providing direct patient care in a hospital, public or private long-term care home or assisted living facility, or for an organization/agency providing home or residential health care services to seniors and persons with disabilities in private homes, at any time between March 13, 2020, and August 14, 2020, and who contracted COVID-19 and passed away prior to applying for permanent residence or after applying but before being granted permanent residence;
- Resided in Canada prior to August 14, 2020, and intends to reside in a province or territory other than Quebec; and,
- Meets condition 5 above and if the foreign national is a pending refugee claimant or claimant who has received a negative decision from the IRB, meets condition 6 above.
This is great news for those who have been waiting for the Government to launch the program.
Please note that this should not be construed as Legal Advice. This is General Information and should not be acted on.