Question Period Note: Measures for Foreign Nationals in Canada

The COVID pandemic may be affecting temporary residents in a number of ways. Immigration, Refugees, and Citizenship Canada has taken proactive measures to facilitate foreign nationals in Canada renewing or extending their status.

• Due to COVID-19, Canada put in place a number of measures, including travel restrictions, to protect the health, safety and security of Canadians.

• Temporary residents in Canada who find themselves unable to leave the country need to apply to maintain or extend their status in Canada.

• IRCC has implemented a number of COVID-related measures to facilitate foreign nationals’ applications, and to give more time for foreign nationals to provide documentation and complete other requirements.
• IRCC also prioritized work permit processing for critical occupations in the agricultural/agri-food and health care sectors, and former international students who hold or held a post-graduation work permit will have the opportunity to apply for a new open work permit.
• We continue to assess the impacts of the current situation on those who use IRCC’s services and to make adjustments to our operations as needed.

If pressed:
• Several public policies have also been put in place to:
1. Expedite work permit processing for those changing employment;
2. Allow foreign nationals to apply to restore their status beyond the 90 days restoration period if they lost it during this pandemic period;
3. Permit visitors with a job offer to apply inland for their work permit;
4. Exempt in-Canada temporary residents from having to give their biometrics in support of their application.

• As of mid-March, there were approximately 800,000 foreign workers and 650,000 foreign students who held valid Canadian immigration documents. It is not known how many visitors, or work and study permit holders remain in Canada due to the COVID-19 pandemic.
• From February 2020 to January 2021, for applications received in Canada, a total of 243,400 study permits and extensions were issued (includes 241,740 extensions). This represents a 35% increase over the same period in the previous year. 356,930 work permits and extensions were issued (includes 352,140 extensions), which is a 22% increase from the previous year period. Over 151,200 visitor records were issued which represents a 38% increase over the previous year period.

• The COVID pandemic may be affecting temporary residents in a number of ways. Some may be unable to leave Canada due to a lack of commercial flights, while those with work authorizations may have lost their job and be looking for new employment. Reduced immigration processing capacity (due to work from home arrangements) is also affecting the speed at which new work permits can be issued, for those who remain here and have a new job offer.

• Temporary residents who wish to apply to extend their stay in Canada, must do so before their existing temporary status expires. If they do so, they benefit from an automatic extension during the processing period (ie: implied status). For those whose status expired after January 30, 2020, IRCC has put in place a public policy to provide an additional period of time to apply for restoration of their status. This public policy has been extended to August 31, 2021 and eligibility expanded for those who fall out of status between January 30, 2020 and May 31, 2021.

• IRCC has implemented a pilot process on October 1, 2020 to issue study and work permits from within Canada for temporary residents who submitted their applications outside of Canada. This pilot process eliminates the need for these people to flag pole.

Temporary workers:

• A number of temporary residents in Canada that hold valid work authorization, including international students and most open work permit holders (approx. 75% of work permit holders), already benefit from the ability to change jobs and employers immediately (as long as they remain in status).

• Foreign workers who submit an extension application prior to the status expiry benefit from continued status which enables individuals to remain legally in Canada while awaiting a decision on their application.
• IRCC has taken steps to encourage and support foreign nationals eligible to do so to apply for extensions.

• The Department has advised temporary workers in Canada whose temporary resident status will soon expire to apply online to extend their status before it expires, and has provided clients with more time to provide documentation.

• IRCC has provided information to provinces and territories about the extension of status by law during the processing period for workers and students to help them assess eligibility to social and health benefits.

• In addition, IRCC has introduced several measures to help clients affected by the disruption in services and travel due to the coronavirus outbreak, including 3 public policies:

• Changing employment: In May, IRCC has established a public policy that will allow temporary workers who are in Canada with valid status and a job offer, who are changing employers or occupations, to start work while their work permit application is processed.
• Extended restoration: In July, IRCC has established a public policy to give foreign nationals more time – until December 31, 2020 - to apply to restore their status. Those who previously held a work permit can also work while their restoration and work permit application is processed. This public policy has been extended until August 31, 2021 and the eligibility criteria has been expanded to include foreign nationals who were in Canada from January 30, 2020 to May 31, 2021.
• Allow visitors to apply inland: In August, IRCC established a public policy to allow visitors in Canada who have valid status, and who were in Canada on August 24, 2020, to apply for employer-specific work permits. Those who previously held a work permit may work while their work permit application is processed. This public policy was extended, and it remains in effect until August 31, 2021 - the eligibility criteria has been expanded to allow all visitors who are in Canada with valid temporary resident status to apply on or before August 31, 2021, regardless of when they arrived in Canada.
• A step-by-step process on how to be considered under the public policies has been made available on the IRCC public web site.

Measures for students:
• International students are already able to change programs or schools without needing a new study permit, as long as they notify IRCC online.

• Study permit holders applying to extend their status in Canada may submit a letter of explanation with their application instead of a letter of acceptance or proof of enrolment from their school, and will benefit from implied status while their application is processed, allowing them to continue studying.

• Post-Graduation Work Permit (PGWP) eligibility and validity length (based on their program length) will not be affected for study permit holders who have begun studying in Canada but whose classes have moved to an online format. All students who were enrolled in a PGWP-eligible program from March 1, 2020 to December 31, 2021, can complete up to 100% of their program on-line.
• Study permit holders who are eligible to work for on-campus employers may do so remotely.
• In addition former international students who are in Canada and hold or held an expiring PGWP will now have the opportunity to apply for an open work permit for up to 18 months.

Biometrics:
• In order to provide foreign nationals present in Canada with the ability to obtain a visitor visa, temporary resident status, or work or study authorization, despite the inability to provide biometrics, a new public policy exempts all foreign nationals who are in Canada with a temporary residence application from the biometrics collection requirement.

• The public policy specifically applies to foreign nationals in Canada who are applying for one of the following:

• a temporary resident visa;
• an extension of authorization to remain in Canada as a temporary resident;
• restoration of temporary resident status;
• a work permit or renewal of a work permit;
• a study permit or renewal of a study permit; or
• a temporary resident permit.

• This temporary biometrics exemption will allow IRCC to issue documents to many individuals who are currently in Canada with implied status but, absent a physical document, are experiencing challenges in accessing services with provinces and territories.

Public policy for permanent residence applicants who have given their biometrics within the last 10 years

• Until further notice, foreign nationals who have previously given their biometrics in support of an immigration application within the last 10 years are exempt from the requirement to give their biometrics in support of their pending or new application for permanent residence.

• While this temporary public policy is in place, the biometrics these applicants have previously given will be reused for screening purposes to ensure the safety and security of all Canadians as these applications move forward in processing.

• With this public policy in place, IRCC is able to resume the processing of applications for those who have previously given their biometrics in support of an immigration application within the last 10 years.

• Once the biometrics these clients have previously given are reused for their permanent residence application, processing can continue, so they can move forward with their plans to stay in Canada permanently, which benefits them, their families and Canadians.

• Since September 14, 2020, Service Canada officers have been contacting permanent residence applicants in Canada who haven’t given their biometrics within the last 10 years to schedule their biometrics appointment at select designated Service Canada Centres. Biometrics collection services remain closed to everyone who has not received a call and a scheduled appointment from a Service Canada officer.

• Permanent residence applicants outside Canada who haven’t given their biometrics within the last 10 years are still required to give their biometrics. IRCC is working diligently with our service delivery partners to increase biometrics collection capacity, while simultaneously prioritizing health and safety measures. Many visa application centres (VACs) around the world and application support centers (ASCs) in the United States (US) are once again offering biometrics collection services. Our website is regularly updated to indicate which sites are currently offering biometric collection services. No application will be refused or closed if applicants aren’t able to give their biometrics within the period indicated on their biometric instruction letter.

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