Operational Bulletin 547-B – October 07, 2014

Extension of Haiti Special Measures for Work Permits

Issue

This Operational Bulletin (OB) provides an extension to the Haiti Special Measures (HSM). The HSM applies to work permits that were set to expire on September 01, 2014.

This OB instructs officers on the way in which they would process applications received from Haiti nationals for work permits from within Canada. It also replaces OB 547-A, dated March 03, 2014.

Background

The process of recovery from the devastating Haiti earthquake of January 12, 2010 has been slow. Various additional challenges that keep emerging have hindered the pace of recovery further. Consequently, Haiti nationals, currently in Canada, might need to continue staying on in Canada. In this situation, they would need to obtain work permits to support themselves.

To enable Haiti nationals to support themselves, the authorities have provided an extension to the Haiti Special Measures (HSM) on Labour Market Impact Assessment-exempt work permits. This extension is valid until November 30, 2014. Previous extensions to the Haiti Special Measures (HSM) were valid for the period from:

• January 19, 2011 to September 01, 2011   (OB 264)
• September 01, 2011 to September 01, 2012         (OB 345)
• September 01, 2012 to September 01, 2013         (OB 468)
• September 01, 2013 to March 01, 2014      (OB 547) and,
• March 01, 2013 to September 01, 2014      (OB 547-A)

The Procedure for Processing Applications for Work Permits

The Haiti Special Measures (HSM) would apply to:

• Individuals who were issued a work permit under the previous Haiti Special Measures (HSM) and,
• Haiti nationals who were legally in Canada prior to January 13, 2011

In order to be eligible for these special measures, these applicants would not need to hold a temporary status in Canada.

In most cases, Haiti nationals would need to submit a Labour Market Impact Assessment (LMIA) in addition to a work permit application. This would enable officers to determine whether:

• The job offer is authentic and,
• The employment could have a neutral or positive effect on the labour market in Canada

This is in accordance with the Immigration and Refugee Protection Regulations (IRPR). However, the Minister has approved a public policy under the Haiti Special Measures (HSM). This policy grants an exemption to Haiti nationals from requiring a Labour Market Impact Assessment (LMIA).

Under the Haiti Special Measures (HSM) guidelines, CIC officers would accept applications from Haiti nationals until November 30, 2014. These applications could be for:

• New work permits or,
• Extension of previously issued work permits

CIC officers would not issue work permits for more than six months under these measures. Additionally, CIC would not consider any application received after November 30, 2014 eligible for the Haiti Special Measures (HSM).

All applicants would need to pay the standard processing fee. This is for applications for a work permit under the Haiti Special Measures (HSM). The fee amounts to $155. Applicants, who did not maintain a temporary status in Canada, would not need to:

• Apply for the restoration of status and,
• Pay for the restoration of status

The Interim Federal Health Program

Haiti nationals would be eligible for health care coverage under the Interim Federal Health Program (IFHP). This is within the scope of the Haiti Special Measures (HSM). However, they would need to meet certain conditions. To be eligible for the health care coverage, they must:

• Have received a new work permit or,
• Have received an extension of a previous work permit and,
• Not be eligible for:
• Provincial health insurance or,
• Territorial health insurance

This entitlement for eligibility for health care coverage under the Interim Federal Health Program (IFHP) is valid until November 04, 2014. This is pursuant to a Federal Court decision about the Interim Federal Health Program (IFHP) dated July 04, 2014.

The Interim Federal Health Program (IFHP) would not include the Immigration Medical Examination. It would be valid only until November 04, 2014. It would also not cover services or products that a person could claim under a private insurance plan. Instead, it covers beneficiaries if they require medical attention for:

• A disease
• A symptom
• An injury or,
• A complaint

It also covers:

• Hospital services
• Services provided by a doctor or a registered nurse
• Services provided by a laboratory, a diagnostic facility or an ambulance and,
• Medications and vaccines only when needed to:
• Prevent or treat a disease that poses a risk to public health or,
• Treat a condition of public safety concern

The validity of the Interim Federal Health Program (IFHP) coverage could last until whichever of the following three conditions occurs first. Thus, Haiti nationals could enjoy the Interim Federal Health Program (IFHP) coverage (until whichever of the following conditions takes place the earliest):

• Until November 04, 2014 or,
• Until they no longer require coverage because they have:
• Become eligible for:
• Provincial health insurance
• Territorial health insurance or,
• Private health insurance
• Left Canada

The Interim Federal Health Program (IFHP) coverage would also extend to the dependents of these applicants currently residing in Canada. This would include:

• Spouses
• Common-law partners and,
• Dependent children

Officers must issue a notice to temporary residents. This notice would inform these residents that they are eligible for applying for the Interim Federal Health Program (IFHP) coverage. However, these temporary residents must:

• Have received a new work permit or,
• Have received an extension of a previous work permit AND,
• Not be receiving:
• Provincial health insurance or,
• Territorial health insurance

Individuals issued work permits prior to September 02, 2014 would continue to be eligible for the Interim Federal Health Program (IFHP) health care coverage. This would be valid until November 04, 2014.

Note:

• Medications and vaccinations would only be covered for:
• Preventing or treating a disease that could pose a risk to public health or,
• Treating a condition that is a public safety concern

Steps for In-Canada Processing

Under the Haiti Special Measures (HSM), Haiti nationals applying for work permits would need to:

• Write “Haiti” on the outside of the mailing envelopes of their work permit applications
• Provide detailed explanations of how the applicants are directly affected and,
• Include this explanation along with the work permit application

Centralised Processing Region

Applicants would need to pay the associated fees along with their applications. They would not receive any waiver on the fees associated with these applications.

Individuals who have already submitted an application for extending or changing their temporary status would benefit from an implied status. However, this is applicable if they do so prior to the expiry of their current status. This would be valid until officers notify them of a decision on their application. This is in accordance with R183(5).

Special Program Coding

Officers would need to use the following code for issuing work permits under the Haiti Special Measures (HSM).

• H24: Work permit issued to Haitian national under the HSM; no LMIA required

Expiry of Initiative

This initiative would remain valid until November 30, 2014.

Source: Citizenship and Immigration Canada (CIC)