By: Akshar Mistry on April 29th, 2023

Simplifying the new permanent residency pathways for temporary workers and international graduates

On 14 April 2021, Immigration, Refugees and Citizenship Canada (IRCC) announced “New pathway to permanent residency for over 90,000 essential temporary workers and international graduates”. The public policies allowing for the acceptance, processing and granting of the permanent residency can be found here. These policies are temporary and will facilitate one-time temporary pathway to permanent residency to eligible temporary residents of Canada. For better understanding about the programs and who may submit a permanent residency application continue reading below.

This post is aimed at simplifying the basic eligibility requirements of these new programs for our readers, and providing a quick overview of the streams and some documentation which MAY be required.

Key Highlights of the New Programs

  1. Only the temporary workers and international graduates who are already in Canada can apply under these programs.
  1. Permanent residency application can be submitted to IRCC if the applicant (you) is ELIGIBLE under any one of the four public policies: two for English-speaking OR French-speaking foreign nationals and other two for ONLY French-speaking foreign nationals.
    1. Two public policies for English-speaking OR French-speaking foreign nationals:
      1. Policy covering foreign nationals (temporary workers and international graduates) who have recent Canadian work experience in essential occupations.
      2. Policy covering foreign nationals (temporary workers and international graduates) who have a recent Canadian educational credential (must have been completed no earlier than January 2017).
    2. Two public policies for ONLY French-speaking foreign nationals:
      1. Policy covering French-speaking foreign nationals (temporary workers and international graduates) who have recent Canadian work experience in essential occupations.
      2. Policy covering French-speaking foreign nationals (temporary workers and international graduates) who have a recent Canadian educational credential (must have been completed no earlier than January 2017).
  1. The only difference between the eligibility criteria for the, two public policies for English-speaking OR French-speaking foreign nationals and, the other two for only French-speaking foreign nationals, is the type of language requirement.
  1. Under the two public policies for English-speaking OR French-speaking foreign nationals, there are three streams:
    1. Temporary workers in health-related occupations – requires Canadian work experience in one or more occupation listed in ANNEX A
    2. Temporary workers in selected essential occupations – requires Canadian work experience in one or more occupation listed in ANNEX B or a combination of occupation in ANNEX B and ANNEX A
    3. International students who graduated from a Canadian institution – requires Canadian education credential of specific duration
  1. Breakdown of 90,000 applications as per streams:
Number of Stream Streams under public policy Number of PR applications to be accepted (intake cap)
1 Temporary workers in health-related occupations 20,000
2 Temporary workers in essential occupations 30,000
3 International students with Canadian educational credential 40,000
  Total 90,000 applications
  1. Date when IRCC will START accepting applications: May 06, 2021.
  1. Date when IRCC will STOP accepting applications: November 05, 2021 OR until applications limit/intake cap is reached in the particular stream.
  1. Applications will be accepted on first come first serve basis. As soon as the intake cap of the particular stream is reached, IRCC will stop accepting applications.
  1. Intake cap will only be counted when an applicant submits the complete application to IRCC by pressing the “Submit” button.
  1. There is NO cap for French-speaking applicants applying under the two French-speaking public policies.
  1. Applicant are required to submit their application ONLINE (except due to a disability) through a dedicated portal.
  1. Family member inside or outside of Canada can be included in the application.
  1. Family members included in the application will not be counted towards the 90,000-intake cap.

Eligibility Criteria of the two public policies for English-speaking OR French-speaking foreign nationals

Foreign national (FN) with recent Canadian Work Experience in essential occupations

  1. At least 1 year of full-time work experience or equivalent in part-time (1560 hours) in an ELIGIBLE occupation in the past 3 years in Canada.
    1. For Foreign Nationals applying under Temporary workers in health-related occupations, the Canadian work experience must have been in one or more occupations listed in ANNEX A – health-related occupations.
    2. For Foreign Nationals applying under Temporary workers in essential occupations, the Canadian work experience must have been in one or more occupations from ANNEX B or a combination of occupations in ANNEX A and ANNEX B.
  2. Must be employed in ANY occupation when submitting PR application
  3. Must have had (and have) authorization to work during past eligible Canadian employment and during current employment. Self-employment NOT allowed except for medical doctor
  4. At least language CLB 4 in each language skill areas, in either English or French.
  5. Must be residing in Canada with valid status or be able to restore it. Must be physically present in Canada when submitting the PR application and at the time of approval of application
  6. Must intend to reside outside Quebec
  7. Must submit the application using the FORMS provided by IRCC for this public policy
  8. Must include documentation to show eligibility under this public policy EXCEPT for evidence required to demonstrate physical presence in Canada when PR application is potentially approved
  9. Must submit the application ONLINE (except due to a disability)
  10. Must not be inadmissible to Canada

Foreign national (FN) with recent credential from a Canadian post-secondary institution

  1. Completed a study program from an eligible Canadian DLI in or after Jan 2017 AND received an education credential detailed below.
  2. Has any ONE of the following education credentials:
    1. A degree (Associate, Bachelor’s, Master’s, or Doctorate) from a study program of at least 8 months in length
    2. If skilled trades (education leading to ANNEX A – Skilled Trades occupations), ANY duration of study program leading to a degree, diploma, certificate, or attestation
    3. One or more diplomas/certificates/attestations:
      1. If one program, program length MUST have been at least 16 months
      2. If two study programs, each program MUST have been at least 8 months in length and so, total combined duration of at least 16 months
      3. For DVS and AVS (Quebec based study programs) duration must be at least 900 hours and combined duration must be at least 1800 hours. ** If combining DVS and AVS, duration of AVS may be less than 900 hours if total duration of studies in at least 1800 hours
  3. Had authorization to study in Canada while they were studying (Had a valid study permit)
  4. Must be employed in Canada in ANY occupation AND hold a valid work permit or authorization to work when the PR application is submitted. Self-employment NOT allowed except for medical doctors.
  5. At least language CLB 5 in each language skill areas, in either English or French.
  6. Must be residing in Canada with valid status or be able to restore it. Must be physically present in Canada when submitting the PR application and at the time of approval of application.
  7. Must intend to reside outside Quebec
  8. Must submit the application using the FORMS provided by IRCC for this public policy
  9. Must include documentation to show eligibility under this public policy EXCEPT for evidence required to demonstrate physical presence in Canada when PR application is potentially approved
  10. Must submit the application ONLINE (except due to a disability)
  11. Must not be inadmissible to Canada

Documentation and Steps

IRCC has not released any clear guidelines about which forms an applicant is required to fill out and which supporting documents an applicant is required to submit. However, IRCC is expected to release a technical guide before 06 May 2021 which will have all the relevant important information. Even though there are no clear guidelines, there are some clear indicators in the eligibility criteria of these policies about what you should expect and how to be prepared before IRCC starts accepting applications.

One of the eligibility criteria is to include documentation to show that the applicant is eligible to submit the application under the public policy. So, depending on the public policy you are eligible for, your documentation MAY include:

  • proof of work experience in an eligible occupation such as a work experience letter as per IRCC requirement
  • proof that you have completed and have been granted an eligible Canadian educational credential such as transcripts, educational certificate
  • evidence that you were legally authorized to work or study (work permit or study permit) depending on the stream that is applicable to you
  • evidence that you are currently employed such as employment letter/contract, recent pay stubs
  • evidence of your current valid status (work permit or authorization to work) in Canada
  • valid language test results (IELTS General, CELPIP General, TEF Canada, TCF Canada) showing that you meet the minimum CLB requirement
  • proof that you are physically present in Canada when you submit the application
  • If you reside in Quebec, proof that you intend to reside outside Quebec such as a settlement plan
  • All the applicable police clearance certificates or explanation letter and evidence that you have applied for them
  • Medical exam – only if possible upfront

Some steps you MAY take before IRCC starts accepting applications:

  1. Determine which stream you are eligible for
  2. Gather all the applicable supporting documentation and information which you will fill in the IRCC forms
  3. Fill out relevant IRCC forms (Guide published by IRCC will list the forms)
  4. Prepare the complete application package ready for submission

On May 06, 2021 when IRCC starts accepting application, your steps MAY look like:

  1. Create an account on the dedicated ONLINE portal using your personal email
  2. Fill out all the information required on the portal step by step
  3. System will generate document checklist as per your answers
  4. Upload all IRCC forms and supporting documentation in respective field on the portal
  5. Pay fees and upload proof of payment
  6. Submit application

It is important to note that applications submitted under these policies will not be subjected to completeness check like the application submitted under the Express Entry system. So, the application will either be approved or refused. Therefore, it is extremely important that there are NO mistakes while filling out the IRCC forms and all the supporting documentation is as per the IRCC requirements.

Disclaimer: The information contained in this post is not legal advice. If you are not sure how the new public policy applies to you and to your circumstances, you may take legal advice. For detailed understanding of the public policy, please refer to https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies.html. Immigration laws, policies, and/or procedures are subject to change at any time. Information in here may change without notice. Always refer to www.cic.gc.ca for the most up-to-date information.

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