Question Period Note: Pathway to Permanent Residency for Refugee Claimants Working in the Health Care Sector

Why is IRCC providing a pathway to permanent residency for refugee claimants working in the health care sector during the COVID-19 pandemic? When was this implemented?

• From the earliest days of the COVID-19 pandemic, we have seen refugee claimants contributing to Canada’s health care response.

• Recognizing the considerable contribution and sacrifice health-care workers have made in Canada throughout the pandemic, on December 14, 2020, IRCC began accepting applications for permanent residence from refugee claimants who work in Canada’s health-care sector and provide direct care to patients. As of May 8, 2021, nearly 4,000 applications had been received.

• We recognize that this is a unique situation, and that Canadians are extremely appreciative of the work that these refugee claimants have been doing during the pandemic. Through this special measure, we are acknowledging their significant contribution by providing them with a more secure future in Canada.

• We will work in close collaboration with our provincial and territorial counterparts in implementing this measure.

If pressed on why there is a separate public policy for Quebec:
• Two temporary public policies have been developed for this special measure – one for refugee claimants wishing to reside outside Quebec, and the other for refugee claimants intending to reside in Quebec.

• Under the Canada-Quebec Accord, Quebec has sole responsibility for the selection of economic immigrants and resettled refugees destined to the province.

• Media reports and stakeholder interventions have drawn attention to a number of pending and failed asylum claimants working in Canada’s health care sector during the COVID-19 pandemic, particularly in Quebec.
• It has been suggested that their contribution to Canada during the pandemic merits exceptional measures to “regularize” their status in Canada.
• On August 14, 2020, Immigration, Refugees and Citizenship Canada (IRCC) announced a temporary measure that will provide a pathway to permanent residency for refugee claimants working in the health-care sector during the COVID-19 pandemic.

• On December 14, 2020, IRCC began accepting applications for permanent residence from refugee claimants working in the health-care sector during the COVID-19 pandemic.
• From December 14, 2020 to May 8, 2021, a total of 3,975 applications had been received, representing 9,155 potential visas. Of the applications 1,690 were submitted by those wishing to reside in Quebec. 1,280 principal applicants had received approval in principle. A decision has not yet been made on the remaining applications.
• As of May 8, 2021, 420 persons have been admitted under the temporary health care workers public policy (Less than 5 of which were destined to Quebec).

• Two temporary public policies have been developed – one for refugee claimants wishing to reside outside Quebec, and the other for refugee claimants intending to reside in Quebec. Under the Canada–Quebec Accord, Quebec has sole responsibility for the selection of economic immigrants and resettled refugees destined to the province.
• The designated occupations that are included in this special measure are orderlies, nurses, nurses’ aides and patient service associates, assistant orderlies, and certain home support workers who provide direct care to patients.
• Individuals must meet a specific set of criteria to be eligible, including needing to demonstrate time worked in the health-care sector during the pandemic. Individuals must also meet admissibility requirements, including those related to medical and security screening.
• We will work in close collaboration with our provincial and territorial counterparts in implementing this measure.
• IRCC is working closely with the Canada Border Services Agency (CBSA) to ensure appropriate security screening measures are completed and to minimize the risk that applicants will be removed from Canada while their application is being considered.
• Eligible applicants with a pending claim could have their claim or appeal put on hold at the Immigration and Refugee Board of Canada until a decision on their permanent residence application is rendered.

Eligibility

• The individuals eligible for consideration under this temporary program are refugee claimants, including failed claimants and those with pending claims, who are providing direct care to patients 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.
• As with all applicants for humanitarian and compassionate consideration, and in line with the government’s commitment to family reunification, in-Canada family members of the principal applicant would be included on the application and granted permanent residency, if the principal application is approved.
• In recognition that there may be refugee claimants who contracted COVID-19 and subsequently passed away, spouses and common-law partners of these individuals who are in Canada and arrived before August 14, 2020, may also be granted permanent residence under this public policy.
• In addition, an applicant’s internship experience (both paid and unpaid) will also be considered, as long as it is 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.
• Some refugee claimants would be excluded from applying, including those who have been found ineligible to have their refugee claim referred to the Immigration and Refugee Board of Canada, or who have withdrawn or abandoned their claims.
Canada-Quebec Accord

• Immigration to Quebec is a shared jurisdiction with the provincial government; this relationship is governed by the Canada-Quebec Accord, which grants Quebec specific selection authorities for the bulk of immigrants destined to the province.
• The Government of Canada will work closely with the Quebec government to administer this special measure, with Quebec selecting those intending to reside in Quebec.
Figures

• Immigration, Refugees and Citizenship Canada estimates that several thousand claimants will be able to benefit from this measure.

• The number of individuals working in Quebec’s health sector is unknown; however some media reports indicate that approximately 800 to 2,000 asylum seekers have been working in health care support services in that province since 2017-2018.

• It is believed that many of these individuals may be Haitian nationals who entered Canada irregularly, between ports of entry (i.e., Roxham Road), and have been working legally while awaiting a decision on their refugee claim.

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