The Guidelines for Work Permits Prior to the Submission of Applications for Permanent Residence
Officers would typically not enforce the removal orders concerning the administrative deferral of removals for certain individuals. This is applicable especially if these individuals meet the eligibility criteria for the temporary public policy.
These individuals could apply for a work permit:
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Online or,
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Through the Case Processing Centre in Vegreville (CPC-V)
This is in accordance with the guidelines specified under Paragraph 206 (1) (b). However, officers would need to note that this work permit would not confer any status on the applicants.
Similarly, officers might come across applicants who are not under removal orders. These individuals would therefore, not be eligible to apply for a work permit under the provisions specified in paragraph R206 (1) (b). In this scenario, the officers could consider issuing work permits under the provisions specified in paragraph R205 (a). For this, the officers would need to ensure that the foreign nationals are:
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Able to support themselves and,
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Able to integrate into the Canadian labour market
It is worth mentioning that applicants able to meet these two criteria would typically yield various economic benefits to Canada.
Note:
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According to the provisions specified in paragraph R206 (1) (b) of the Immigration and Refugee Protection Act (IRPA):
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Officers have the ability to issue work permits under section 200 to foreign nationals in Canada who cannot support themselves without working, if the foreign nationals:
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Have made a claim for refugee protection that the authorities have referred to the Refugee Protection Division, which the authorities have not determined as yet or,
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Are subject to unenforceable removal orders
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Similarly, despite the provisions specified above, the authorities would need to ensure that they do not issue work permits to claimants referred to in subsection 111.2 (2) of the Immigration and Refugee Protection Act (IRPA), unless at least 180 days have elapsed since the authorities referred their claims to the Refugee Protection Division
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According to the provisions specified in paragraph R205 (a) of theImmigration and Refugee Protection Act (IRPA):
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Officers have the ability to issue work permits under section 200 to foreign nationals in Canada who intend to perform work that:
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Would lead to the creation or maintenance of significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents
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Would lead to the creation or maintenance of reciprocal employment of Canadian citizens or permanent residents of Canada in other countries
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The Minister has designated as being work that foreign nationals can perform on the basis of the following criteria, namely:
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In cases where the work is related to a research program
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In cases where the work forms an essential part of a post-secondary academic, vocational or professional training program offered by a designated learning institution as defined by the provisions specified in section 211.1
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In cases where the work is an essential part of a program at the secondary level
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In cases where the work involves a vocational training program offered by a designated learning institution in Quebec or,
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In cases where the work is a program offered by a designated learning institution that requires students to work for obtaining their secondary or high school diploma or certificate of graduation or,
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In cases where limited access to the Canadian labour market is essential for reasons of public policy concerning the competitiveness of Canada’s academic institutions or economy or,
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Is religious or charitable in nature
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The Guidelines for Work Permits After the Submission of Applications for Permanent Residence
Foreign nationals can apply for open work permits. However, they would need to have applied for permanent residence in Canada. For this, they would need to meet the criteria specified in section R207. In accordance with the provisions specified in section 207, officers have the ability to issue work permits to foreign nationals in Canada who:
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Are members of the live-in caregiver class as specified in Division 3 of Part 6 and meet the requirements specified in section 113
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Are members of the spouse or common-law partner in Canada class as specified in Division 2 of Part 7
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Are protected persons within the meaning of subsection 95 (2) of the Immigration and Refugee Protection Act (IRPA)
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Have applied to become permanent residents and the Minister has granted them exemptions under subsections 25 (1), 25,1 (1) or 25.2 (1) of the Immigration and Refugee Protection Act (IRPA) or,
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Are family members of people described in any of the four points mentioned above
It is worth mentioning that the relevant processing fees would apply in this scenario.
The Temporary Foreign Worker Program for Applicants in Canada
It is worth highlighting that section 207 of the Immigration and Refugee Protection Regulations (IRPR) apply to applicants whom the authorities have determined as being eligible as members of certain in-Canada permanent residence classes. This section typically includes protected persons as well. This is regardless of whether these individuals have applied for permanent resident status or not. As such, the authorities have the ability to issue open work permits to these individuals.
The Labour Market Impact Assessment (LMIA) Exemption Code: A70
Officers would need to note that this exemption applies to the following individuals:
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Members of the live-in caregiver class, who have met the requirements for permanent residence in accordance with the provisions specified in R113
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According to the provisions specified in R113 of the Immigration and Refugee Protection Regulations (IRPR), a foreign national becomes a member of the live-in caregiver class if:
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The individual has submitted an application to remain in Canada as a permanent resident
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The individual is a temporary resident
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The individual holds a work permit as a live-in caregiver
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The individual entered Canada as a live-in caregiver and for at least two of the four years immediately following entry, or alternatively, for at least 3,900 hours during a period of not less than 22 months in those four years:
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The individual resided in a private household in Canada and,
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The individual provided child care, senior home support care or care of a disabled person in that household without supervision
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In this scenario, it is worth highlighting that the periods of two years and 3,900 hours might be in respect of more than one employer or household, but will not be in respect of one or more than one employer or household at a time and,
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The 3,900 hours should not include more than 390 hours of overtime
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The individual is not (along with the other family members of the individual) the subject of an enforceable removal order or an admissibility hearing under the Immigration and Refugee Protection Act (IRPA) or an appeal or application for judicial review arising from such a hearing
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The individual did not enter Canada as a live-in caregiver as a result of a misrepresentation concerning the individual’s education, training or experience and,
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The individual intends to reside in the Province of Quebec and in case the competent authority of that Province has the opinion that the individual meets the selection criteria of the Province
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Members of the spouse or common-law partner class who have satisfied officers that they meet the requirements specified in R124
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According to the provisions specified in R124 of the Immigration and Refugee Protection Regulations (IRPR), a foreign national becomes a member of the spouse or common-law partner in Canada class if the individual:
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Is the spouse or common-law partner of a sponsor and cohabits with that sponsor in Canada
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Has temporary resident status in Canada and,
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Is the subject of a sponsorship application
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Persons upon whom the authorities have conferred protection in accordance with the provisions specified in A95 (2), such as Convention refugees, successful pre-removal risk assessment (PRRA) applicants etc.
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According to the provisions specified in A95 of the Immigration and Refugee Protection Regulations (IRPR), the authorities confer refugee protection on a person when:
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The authorities have determined the person to be a Convention refugee or a person in similar circumstances under a visa application and when the person becomes a permanent resident under the visa of a temporary resident under a temporary resident permit for reasons concerning protection
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The Board determines that the person is a Convention refugee or a person in need of protection or,
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The Minister allows an application for protection except in the case of a person described in subsection 112 (3)
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In addition, it is worth highlighting that a protected person is an individual upon whom the authorities have conferred refugee protection under the above-mentioned points and whose claim or application, the authorities have not subsequently deemed as being rejected under the provisions specified in subsections 108 (3), 109 (3) or 114 (4)
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Persons who have filed applications on Humanitarian and Compassionate (H&C) grounds for whom the authorities have waived one or more eligibility of admissibility requirements under the provisions specified in A25 (1) so that the individuals can become permanent residents
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Detailed information on this follows subsequently in the section titled ‘Humanitarian and Compassionate (H&C) Considerations’
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Family members of the above-mentioned four categories of people who are in Canada