Foreign nationals are eligible for consideration under the provisions specified in the public policy. However, they would need to meet certain conditions or eligibility criteria. Based on the provisions of the public policy, the foreign nationals would need to be individuals for whom:
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The authorities refused a Post-Graduation Work Permit (PGWP) between September 01, 2014 and March 15, 2016
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The reason for the refusal of the application given by the authorities concerned the completion of the majority of the coursework by distance learning by the applicant and,
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The authorities did not consider the entirety of their program of study, including transfer credits, when the authorities made the determination that the majority of the applicants’ coursework took place via distance learning
It is worth highlighting that the authorities typically require the foreign nationals to self-identify themselves. This would enable the foreign nationals to be eligible for consideration under the provisions of the public policy based on the above-mentioned conditions (or eligibility criteria).
The Guidelines for In-Canada Applications
The public policy typically exempts individuals from the requirement of having to make an application for a work permit from outside of Canada. As such, eligible foreign nationals have the ability to apply for open work permits from within Canada as well.
The Guidelines for Fee Waivers
Based on the terms specified within the public policy, the authorities have waived the following fees:
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The Restoration of Temporary Resident Status fee ($200) i.e. R306 (1)
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The Work Permit Application fee ($155) i.e. R299 (1) and,
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The Open Work Permit Holder fee ($100) i.e. R303.2 (1)
The Guidelines for the Restoration of Status
It is worth mentioning that the public policy waives the requirement that applicants need to make their applications for restoring temporary resident status within 90 days of losing their temporary resident status. As a result, eligible foreign nationals can still apply for open work permits under the public policy. This is especially so if they are in Canada without any status and have gone beyond their 90-day restoration period timeline.
The Guidelines for Immigration Medical Examinations (IMEs)
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For In-Canada Applications
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The authorities do not require new Immigration Medical Examinations (IMEs) for foreign nationals who submit in-Canada applications if they have:
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Completed Immigration Medical Examinations (IMEs) previously
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Complied with the prescribed surveillance requirements (if required) – this is especially for inactive tuberculosis and,
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Not visited a designated country (refer to Appendix A) for a period of six months or more within the 12 months prior to the date they submit the applications under the public policy
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For Outside of Canada Applications
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Standard processes continue to apply for applications that foreign nationals submit when they are residing outside of Canada
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As such, these individuals would need to complete Immigration Medical Examinations (IMEs) so that the officers can finalise their applications – if required
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The authorities have provided a complete list of panel physicians on the website of Immigration, Refugees and Citizenship Canada (IRCC) under the heading ‘Find a Panel Physician’
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It is worth highlighting that panel physicians are typically independent from Immigration, Refugees and Citizenship Canada (IRCC) and set their own fees, which are not exempt under the terms of this public policy
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