Temporary Foreign Workers Forced Out of Workforce by ‘4 in and 4 out’ Rule (Audio)

From 1 April 2015, a change to the Temporary Foreign Worker Program  could see some migrant workers refused work permits. The change should be scrapped because it would force an exodus of foreign workers from B.C., says an advocate.

On April 1, 2011, the federal government introduced legislation known as the “four in and four out” rule, limiting how long some temporary foreign workers could work in Canada to four years. The first temporary foreign workers to whom the rule applies could reach their four-year limit on April 1, 2015.

After that, they must wait another four years, either outside Canada or in Canada as a visitor or student, before they can be granted a fresh work permit. Previously, temporary foreign workers who came to Canada under the low-skilled stream could reapply to continue working for their Canadian employer.

Citizenship and Immigration Canada has made an exception for TFWs approaching their four-year limit in Alberta, offering a bridging permit if they applied for permanent residency under the Provincial Nominee Program by July 1, 2014. Federal Employment Minister Jason Kenney has said Ottawa is willing to extend similar measures to other provinces.

CIC lists several situations in which workers may be exempt from the four year rule including:

  • Management and professional workers, including spouses and dependants
  • Workers exempt due to international agreements, Canadian interests, self-support, humanitarian reasons
  • Workers doing jobs which do not require a work permit
  • Permanent resident applicants who have received a positive selection decision or approval in principle
  • Provincial nominees applying for an employer-specific work permit

Attorney Colin Singer Commentary:

The effect of this policy will substantially add to the numbers of undocumented immigrants in Canada.  There are currently approximately 150,000-200,000 undocumented illegal immigrants in Canada.  

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Critics Demand More Transparency Around New Temporary Foreign Worker Measures(Audio)

Due to one-time bridging measures quietly rolled out this week, only a small fraction of temporary foreign workers in Alberta will qualify for an extended stay in Canada, the federal government says.

A lack of clarity is causing heightened anxiety among the thousands of vulnerable workers that want to find a solution before the looming April 1 deadline to leave the country. The new measures are the result of an agreement between the federal government and the province of Alberta. They are meant to help temporary foreign workers who are trying to transition to permanent residency but risk having their work permits expire before their applications are processed.

Under the terms of the agreement, temporary foreign workers who have a work permit set to expire in 2015 but are currently caught up in the Alberta Immigrant Nominee Program’s queue applications may be eligible for a one-time, one-year bridging work permit.

The federal government will also provide a one-time exemption to these workers that will keep them from being counted under rules imposed last June requiring employers to ensure no more than 10 per cent of their workforce is made up of low-wage TFWs. However, even though the new measures have been praised by business groups, others are calling for more information about the number of permits that will be offered and what type of workers will receive them.

Neither the provincial government nor the federal government has made any kind of public announcement about the new measures,

More than 86,000 temporary foreign workers are working in Alberta and according to estimates “several thousand” will see their permits expire on April 1. This is when a four-year work duration limit put in place by the federal government in 2011 comes into effect.

Making matters worse is the fact the Alberta Immigrant Nominee Program, a popular option for temporary foreign workers looking to transition to permanent residency, has seen a glut of applicants in recent months. Current processing times for applications now range between 1 to 2 years, meaning many workers could find themselves still in the queue by the time their permits expire.

The government estimates approximately 1,000 foreign workers could be eligible for a bridging permit under the terms of the new agreement, but that doesn’t mean 1,000 permits will be awarded.

A spokesperson for Employment and Social Development Canada said the federal government expects “only a small fraction” of the TFWs in Alberta will ultimately receive a bridging permit.

A worrying possibility is that the government may award the bulk of the permits to engineers, doctors, and other highly skilled individuals in the queue, leaving out lower-skilled food service and hotel industry workers.

Gil McGowan, president of the Alberta Federation of Labour, said he believes the new measures are meant to placate business owners who have been complaining since June 2014, when the federal government imposed restrictions on the use of the temporary foreign worker program.

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Hiring Foreign Workers to Become More Difficult for Canadian Employers(Audio)

New measures are coming into effect from 21 February that will impose additional fees and restrictions on Canadian employers looking to employ certain types of foreign workers. The Canadian federal government announced the move after reviewing several scandals the sector has seen in recent months.

The new rules will apply to intra-company transfers, employees entering Canada under NAFTA, employers hiring through the International Mobility Program, and employees hired through reciprocal agreements with other countries, like working holiday schemes.

Under the new rules, Citizenship and Immigration Canada requires employers to pay an “employer compliance” fee of $230, and provide details about their company or organization as well as the original offer of employment, in order to be allowed to hire a foreign worker without a Labor Market Impact Assessment (LMIA). An extra $100 fee will apply to employees in possession of work permits.

In a statement, CIC has said, “The fees collected will offset the cost of introducing robust employer compliance activities featuring inspections of thousands of employers.”

Experts warn that the new rules may go against NAFTA conventions, and could also significantly hamper business operations throughout Canada, while critics argue that the system has not been explained properly and lacks transparency.

However the federal government has defended the changes by highlighting some of the abuses of the previous programs carried out by employers over the past few months. In one case, employers brought skilled Irish workers using work-holiday visas in order to get around the LMIA precondition. In another case, the Royal Bank was found to have used the intra-company transfer system to apply for visas for Indian workers to replace their Canadian employees in 2013.

According to the CIC, employers could now face substantial penalties if they are found to bring in foreign workers using false declarations.

The new rules are an attempt to apply the same level of scrutiny to foreign workers exempt from the labor market assessment as temporary foreign workers are subjected to. Statistics show that foreign workers entering Canada without a labor market assessment under the International Mobility Program have outnumbered temporary foreign workers, with almost 140,000 workers coming to Canada through the International Mobility Program as opposed to less than 85,000 temporary foreign workers.

Elaborating on the changes, a spokesman for Immigration Minister Chris Alexander said, “Our government is committed to reforming its work permit programs to encourage the hiring and training of Canadians, limit the use of foreign workers in Canada to those situations where it is a benefit to Canada, and ensure that abuses of the program or of foreign workers by employers will be detected and dealt with.”

Despite criticism that the changes have been announced without sufficient stakeholder consultation, union organizers who helped expose abuses of the International Mobility Program have welcomed the changes as an attempt by the government to rectify the problems with the current system.

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Biometrics Mandatory Coming Into Force

Citizenship and Immigration Canada (CIC) Announcements

October 17, 2013: Biometrics Mandatory Coming Into Force

The collection of biometric information has become mandatory for the nationals of:

  • Albania
  • Algeria
  • The Democratic Republic of Congo
  • Eritrea
  • Libya
  • Nigeria
  • Saudi Arabia
  • Somalia
  • South Sudan and,
  • Tunisia

This has come into effect since October 23, 2013.

Therefore, applicants making applications for Temporary Resident Visas (TRVs), Work Permits (WPs) or Study Permits (SPs) would need to submit their biometric information as well.

For more information on this, officers would need to refer to the Operational Bulletin (OB) 520-A issued in September. Similarly, officers would need to refer to the Biometrics Procedures Manual, issued in May 2013 and subsequently revised in September 2013.

October 29, 2013: The Reminder to the Field: Single Journey Documents (SJDs)

The IMM 5485 – The Single Journey Document for Resettlement in Canada

The IMM 5485 is a temporary Citizenship and Immigration Canada (CIC) document. Officers issue this to persons who:

  • Cannot otherwise obtain passports or other travel documents from their countries of nationality and,
  • Are coming to Canada as government-assisted refugees (GARs) and privately sponsored refugees (PSRs)

When these individuals arrive in Canada, the Port of Entry (POE) examining officers would need to port-stamp the document in the space indicated. In addition, the officers would need to cancel the affixed visa.

In many cases, this document is probably the only identification that the new permanent residents have until they receive their permanent resident cards. Therefore, the officers would need to return this document to the clients.

The IMM 5565 – The Single Journey Travel Document

The IMM 5565 is a temporary Citizenship and Immigration Canada (CIC) document. Officers issue this in limited circumstances. They issue this document to people who are unable to obtain a prescribed travel document. This document bears close semblance to the IMM 5485 Single Journey Document for Resettlement.

When these individuals arrive in Canada, the Port of Entry (POE) examining officers would need to port-stamp the document in the space indicated. In addition, the officers would need to draw a diagonal line through the counterfoil by using a black pen.

Moreover, the officer would also need to recover the IMM 5565. On recovering this document, the officers would need to return it to Citizenship and Immigration Canada (CIC) at the following address:

CIC – Program Integrity Division, OMC

360 Laurier Avenue West, 6th floor

Ottawa, Ontario, K1A 1L1

For more details, officers would need to refer to OB 290 and 05-028 RIL.

November 15, 2013: Always Collect Biometric Information Prior to Making a Decision

The authorities have asked officers to collect biometric information from all biometrics-required applicants. This is especially so prior to the finalisation of an application. Officers would need to do this even if the authorities are likely to refuse the application for various other reasons.

This directive is in accordance with the guidelines specified in Section 6.3 of the Biometrics Procedures Manual. Officers would need to refer to the Biometrics Procedures Manual, issued in May 2013 and subsequently revised in September 2013.

November 22, 2013: Single Name Procedures

Situations could arise where officers determine that they cannot divide the applicant’s name into two parts. In this scenario, the officers would need to define the name, as it appears on the document used to establish it, as the primary identifier. In addition, the officers would need to record this name in the family name field in Citizenship and Immigration Canada’s (CIC’s) system of record.

It is worth noting that officers could use either the family name of the given name, in this regard. In addition, the officers would also need to leave the given name field in Citizenship and Immigration Canada’s (CIC’s) system of record blank.

For example, consider a situation where a client’s travel document displays:

  • The name “Harry” in the given name field and,
  • A blank in the family name field

In this scenario, the given name “Harry” becomes the primary identifier. Therefore, the officers would record this name in the family name field. In addition, they would leave the given name field as blank in in Citizenship and Immigration Canada’s (CIC’s) system of record. 

This is in accordance with the instructions specified in Section 4.1.2 Single Names mentioned in IM1 Naming Procedures. It is also consistent with the International Civil Aviation Organisation (ICAO) guidelines. Following this process would help in facilitating future name searches.

 

Source: Citizenship and Immigration Canada (CIC) 

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An Overview of the Transfer of the International Experience Canada (IEC) Program

Operational Bulletin 557 – November 05, 2013

An Overview of the Transfer of the International Experience Canada (IEC) Program

Summary

With effect from August 31, 2013, Citizenship and Immigration Canada (CIC) assumed responsibility for the International Experience Canada (IEC) program. Earlier, the Department of Foreign Affairs, Trade and Development Canada (DFATD) was responsible for administering the International Experience Canada (IEC) program.

Issue

This Operational Bulletin (OB) provides guidance on the International Experience Canada (IEC) program at Citizenship and Immigration Canada (CIC). It specifies details on the:

  • Roles and responsibilities of the new International Experience Canada (IEC) staff within Citizenship and Immigration Canada (CIC)
  • Contact information for the International Experience Canada (IEC) team at Citizenship and Immigration Canada (CIC) Headquarters
  • Provision of functional guidance for International Experience Canada (IEC) Participation Eligibility Requirements

At present, Citizenship and Immigration Canada (CIC) and the Department of Foreign Affairs, Trade and Development Canada (DFATD) are developing a Memorandum of Understanding (MOU). The Memorandum of Understanding (MOU) carries details concerning the transition of the International Experience Canada (IEC) program. Once they finalise the Memorandum of Understanding (MOU), they will share the details.

Background

The transfer of the International Experience Canada (IEC) program to Citizenship and Immigration Canada (CIC) will provide a better alignment of the program with:

  • Government priorities and,
  • Labour market demands in Canada

It will achieve this by linking the International Experience Canada (IEC) program to other immigration programs. This move will serve to strengthen Canada’s strategy for developing its human capital and attracting talent.

By transferring the International Experience Canada (IEC) program to Citizenship and Immigration Canada (CIC), the authorities also want to capitalise on the department’s existing expertise. This especially refers to the department’s existing expertise in centralised electronic processing of applications for this program.

In addition, the transfer will also enable Citizenship and Immigration Canada (CIC) to streamline the application process for International Experience Canada (IEC) participants to one federal government department.

The Roles and Responsibilities of the International Experience Canada (IEC) Staff Within Citizenship and Immigration Canada (CIC)

Previously, International Experience Canada (IEC) staff were the Department of Foreign Affairs, Trade and Development Canada (DFATD) GLEE staff. At Citizenship and Immigration Canada (CIC) Headquarters, the International Experience Canada (IEC) staff would continue to:

  • Process the first stage of the International Experience Canada (IEC) application for 18 satellite countries through KOMPASS, International Experience Canada’s (IEC’s) online application system
  • Provide functional guidance on International Experience Canada’s (IEC’s) participation eligibility requirements i.e. the first stage of the International Experience Canada (IEC) application process
  • Provide guidance and support to International Experience Canada (IEC) Hub missions in countries such as:
    • Australia
    • France
    • Germany
    • Japan
    • Korea and,
    • Sweden
  • Manage the content of the International Experience Canada (IEC) pages on mission websites
  • Answer general enquiries from the general public on the International Experience Canada (IEC) program including:
    • Canadians and,
    • Foreigners abroad
  • Lead negotiations for the 2014 program on matters including:
    • Agreements
    • Quotas and,
    • Memorandums of Understanding (MOUs)
  • Participate in policy development for the alignment of International Experience Canada (IEC) with Citizenship and Immigration Canada (CIC) immigration programs
  • Liaise with recognised organisations and,
  • Attend outreach events and activities

Contact Information for the International Experience Canada (IEC) Team at Citizenship and Immigration Canada (CIC) Headquarters

The authorities have created a centralised mailbox. This mailbox will receive queries from Citizenship and Immigration Canada (CIC) and mission staff. Therefore, officers would need to send all questions to the mailbox: [email protected]. These queries could include questions about:

  • Participation eligibility processing and,
  • International Experience Canada (IEC) specific operational matters including outreach and promotion

The Provision of Functional Guidance on International Experience Canada (IEC) Participation and Temporary Work Permit Process

Functional Guidance on International Experience Canada (IEC) Participation Eligibility Requirements (Stage 1)

The formerly Department of Foreign Affairs, Trade and Development Canada (DFATD) GLEE staff will continue to provide guidance to International Experience Canada (IEC) staff overseas – as prior to the transfer. This is especially so on matters concerning the International Experience Canada (IEC) participation eligibility requirements.

The authorities would provide the relevant updates concerning contact information. This is especially so in case there are any changes following the physical office move that took place on October 04, 2013.

Functional Guidance for Temporary Resident Work Permits (Stage 2)

The Temporary Resident Program Division within the Operational Management and Coordination Branch will continue to provide functional guidance on the processing of work permits. This is especially so for work permits connected with the International Experience Canada (IEC) program.

In addition, the authorities have also updated OB 490-A (International Experience Canada Work Permit Processing). This Operational Bulletin (OB) provides additional information on the changes made to the processing of work permits as a result of this transfer.

Situations could arise where officers have additional questions on visas and work permits. They would need to send these queries to: [email protected].

The Management of the International Experience Canada (IEC) Program at Citizenship and Immigration Canada (CIC) Headquarters

It is worth noting that the International Experience Canada (IEC) program will continue to operate as a two-stage application process for the 2014 season. The authorities believe that this will ensure continuity of program delivery. Therefore, applicants would need to continue submitting:

  • The applications for the International Experience Canada (IEC) participation eligibility assessment (Stage 1) and,
  • The work permit applications thereafter (Stage 2)

The International Experience Canada (IEC) staff (formerly the Department of Foreign Affairs, Trade and Development Canada (DFATD) GLEE staff) would continue to be responsible for the day-to-day operations of the International Experience Canada (IEC) program. Thus, they would look after updations to the country-specific International Experience Canada (IEC) quote on each mission’s International Experience Canada (IEC) website too.

At present, there are no changes with respect to the operational roles and functions of the International Experience Canada (IEC) team. However, the International Experience Canada (IEC) team will be responsible for administering the program on behalf of Citizenship and Immigration Canada (CIC) (under the Immigration Branch), rather than the Department of Foreign Affairs, Trade and Development Canada (DFATD). 

The authorities plan to share information on the management of financial and human resources in a separate OB. They are awaiting the development of the finalised procedures. In the interim, situations might arise where officers have various queries on financial or human resources. These officers would need to direct their queries to: [email protected].

 

Source: Citizenship and Immigration Canada (CIC) 

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Extension of Haiti Special Measures for Work Permits

Operational Bulletin 547 – August 30, 2013

Extension of Haiti Special Measures for Work Permits

Issue

This Operational Bulletin (OB) instructs officers on the manner in which they would process applications received from Haiti nationals for work permits from within Canada.

It provides an extension to the Haiti Special Measures (HSM). The Haiti Special Measures (HSM) apply to work permits that were set to expire on September 01, 2013.

This OB also replaces OB 468, dated September 01, 2012.

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 Opinion-exempt work permits. This extension is valid until March 01, 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) and,
  • September 01, 2012 to September 01, 2013 (OB 468)

The Procedure for Processing Applications for Work Permits

The authorities have provided an extension of the Haiti Special Measures (HSM) on Labour Market Opinion-exempt work permits. This would enable Haiti nationals to support themselves. 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 who:
    • Are on a temporary status and,
    • Are unable to support themselves

In most cases, Haiti nationals would need to submit a Labour Market Opinion (LMO) 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 Opinion (LMO).

Under the Haiti Special Measures (HSM) guidelines, Citizenship and Immigration Canada (CIC) officers would accept applications from Haiti nationals until March 01, 2014. These applications could be for:

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

Citizenship and Immigration Canada (CIC) officers would not issue work permits for more than six months under these measures. Additionally, they would not consider any application received after March 01, 2014 eligible for the Haiti Special Measures (HSM).

Haiti nationals who are in Canada would need to have a valid status. Only then would they be eligible for receiving a work permit under the Haiti Special Measures (HSM). Similarly, some Haiti nationals might have an expired status. Therefore, these individuals would need to make an application for restoring their status within 90 days after losing their temporary status.

Haiti nationals who have been out of status for longer than 90 days would need to:

  • Apply for a temporary resident permit first and,
  • Apply for a work permit thereafter

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 $150.

Officers would need to note that this OB becomes effective from September 01, 2013. Therefore, if officers come across applications received prior to September 01, 2013, they would need to follow the directives given in OB 468.

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

The Interim Federal Health Program (IFHP) would 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

In addition, the Interim Federal Health Program (IFHP) would not include the Immigration Medical Examination.

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 the expiration date specified on their work permits
  • Until a maximum span of six months or,
  • Until they no longer require coverage because they have:
    • Become eligible for:
      • Provincial health insurance
      • Territorial health insurance or,
      • Private health insurance
  • Until they have 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 would need to 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:

  • Be applying for a new work permit or,
  • Be applying for an extension of a previous work permit

Individuals issued work permits prior to September 01, 2013 would continue to be eligible for the Interim Federal Health Program (IFHP) health care coverage. This would continue to be valid until whichever of the following conditions occurs the earliest:

  • The duration of the applicant’s work permit or,
  • One year

Officers would need to note that only applications received by March 01, 2014 would be eligible for the Interim Federal Health Program (IFHP) coverage.

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 about why the applicants need a work permit for supporting themselves in Canada and,
  • Include this explanation along with the work permit application

Case Processing Centre – Vegreville

Temporary residents would need to maintain their temporary resident status. Therefore, they would need to do one of the following, in case their current status is about to expire:

  • Apply for a new work permit or,
  • Apply for an extension of a previous work permit

In addition, they 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 the provisions listed in 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 Haiti Special Measures (HSM); no LMO required

Expiry of Initiative

This initiative would remain valid until March 01, 2014.

 

Source: Citizenship and Immigration Canada (CIC) 

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Processing Work Permits for Designated Country of Origin and Non-Designated Country of Origin Refugee Claimants

Operational Bulletin 484 (Modified) – May 27, 2013

Processing Work Permits for Designated Country of Origin and Non-Designated Country of Origin Refugee Claimants

Summary

The authorities have updated this Operational Bulletin (OB). The updated OB reflects the validity periods for new work permits. The implementation of the new in-Canada refugee system resulted in the formulation of the amended validity periods for new work permits. The new in-Canada refugee system came into force on December 15, 2012.

The authorities would not issue work permits to Designated Country of Origin (DCO) refugee claimants. This was effective from December 15, 2012. They would only issue work permits to these individuals in one scenario. That scenario was if 180 days have elapsed since the authorities referred their refugee claim. The authorities would typically refer such cases to the Refugee Protection Division of the Immigration and Refugee Board (IRB).

This is in accordance with Section 206 of the Immigration and Refugee Protection Regulations (the Regulations).

Background

The Protecting Canada’s Immigration System Act (PCISA) received Royal Assent on June 28, 2012. It received the Royal Assent under Bill C-31. The Protecting Canada’s Immigration System Act (PCISA) added some reforms to the Balanced Refugee Reform Act (2010). One of the major reforms added to the Balanced Refugee Reform Act (2010) was the Minister’s ability to list Designated Countries of Origin (DCOs). However, not all the provisions of the Protecting Canada’s Immigration System Act (PCISA) became effective upon receiving Royal Assent.

The Protecting Canada’s Immigration System Act (PCISA) provisions concerning Designated Country of Origin (DCO) refugee claimants came into force on December 15, 2012.

The Guidelines

Under the new legislations prescribed, the Minister has the authority to identify Designated Countries of Origin (DCOs). The authorities will maintain an updated list of Designated Countries of Origin (DCOs). Interested readers could view this on the Citizenship and Immigration website.

Designated Country of Origin (DCO) refugee claimants would not be eligible for an open work permit. This is in accordance with Section 206 of the Immigration and Refugee Protection Regulations (the Regulations). The authorities amended Section 206 by adding the following text:

206 (2) despite subsection (1), a work permit must not be issued to a claimant referred to in subsection 111.1(2) of the Act unless at least 180 days have elapsed since their claim was referred to the Refugee Protection division.

Officers would usually assess work permit applications from refugee claimants, who are citizens or nationals of a Designated Country of Origin (DCO). In such cases, the officer would need to check:

  • The Field Operations Support System (FOSS) and / or,
  • The Global Case Management System (GCMS)

Checking these systems would enable the officer to determine if:

  • The authorities have flagged the applicant as a Designated Country of Origin (DCO) refugee claimant  and,
    • The REF-CLM screen would indicate a ‘Yes’ if this is the case
  • Less than 180 days have elapsed since the authorities referred the person’s claim to the Immigration Refugee Board (IRB)

In case both the above-mentioned conditions are true, then the officer would determine that the applicant is not eligible for a work permit. This decision is in accordance with Section 206 of the Immigration and Refugee Protection Regulations (the Regulations). In addition, the officer would:

  • Notify the applicant that the applicant can re-apply once:
    • Upon the elapsing of 180 days since the authorities referred the applicant’s claim to the Immigration Refugee Board (IRB) or,
    • The Immigration Refugee Board (IRB) approves the applicant’s refugee claim

Officers could also encounter situations where the applicant is from a Designated Country of Origin (DCO). However, on checking the Field Operations Support System (FOSS) and the Global Case Management System (GCMS), the officers find that no one has flagged the applicant as a Designated Country of Origin (DCO) refugee claimant. In this situation, the officers would deem the applicant eligible for receiving a work permit.

Officers would need to issue work permits for a maximum period of six months. This is especially the case if the officers are issuing work permits to a Designated Country of Origin (DCO) refugee claimant, for whom 180 days have elapsed.

Officers could also encounter situations where they come across non-Designated Country of Origin (DCO) refugee claimants. The authorities would have referred these individuals to the Immigration Refugee Board (IRB) under the new system. In other words, the authorities would have referred these individuals to the Immigration Refugee Board (IRB) on or after December 15, 2012. In these situations, officers would issue work permits to the individuals concerned. However, the work permit would need to be valid for a period of 12 months from the date on which the authorities referred the applicant’s claim to the Immigration Refugee Board (IRB).

Officers would issue subsequent renewals for durations of six months or less. This would depend on the circumstances of the applicants. Officers could issue these renewals for:

  • Non-Designated Country of Origin (DCO) refugee claimants and,
  • Designated Country of Origin (DCO) refugee claimants

System Information

  • Officers would need to process the decision in the Global Case Management System (GCMS)
    • For this, they would need to set:
      • The ‘Eligibility’ field to ‘Failed’ and,
      • The ‘Final Decision’ field to ‘Refused’

Officers would enter the following text in the Refusal Reason Code field: R206 (2) DCO refugee claimant, 180 days not elapsed since claim.

Similarly, officers would need to enter the following text as the Refusal text for the letter:

The requirement of subsection 206(2) that an officer shall not issue a work permit to a foreign national if the foreign national is a claimant referred to in subsection 111.1(2) of the Act and 180 days have not elapsed since their claim was referred to the Refugee Protection Division.

 

Source: Citizenship and Immigration Canada (CIC) 

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Extension of Haiti Special Measures for Work Permits

Extension of Haiti Special Measures for Work Permits

Operational Bulletin 547-A – March 03, 2014

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 March 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.

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 HSM on Labour Market Opinion-exempt work permits. This extension is valid until September 01, 2014. Previous extensions to the HSM were valid until:

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

The Procedure for Processing Applications for Work Permits

Based on the latest extension to the HSM, Citizenship and Immigration Canada (CIC) officers would now accept in-Canada applications for work permits from Haiti nationals. These individuals would otherwise not be able to support themselves.

The HSM would apply to:

  • Individuals who were issued a work permit under the previous HSM and,
  • Haiti nationals who were in Canada prior to January 13, 2011 and who:
    • Have a temporary status and,
    • Are unable to support themselves

In most cases, Haiti nationals would need to submit a Labour Market Opinion (LMO) 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 HSM. This policy grants an exemption to Haiti nationals from requiring an LMO.

Under the HSM guidelines, CIC officers would accept applications from Haiti nationals until September 01, 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 September 01, 2014 eligible for the HSM.

To be eligible for a work permit under the HSM, Haiti nationals currently in Canada must have a valid status. Individuals with an expired status would need to apply for a restoration of their status. However, they must make this application within 90 days of losing their temporary status.

In case the individuals are out of status for more than 90 days, they would need to apply for a temporary resident permit first. Only after receiving this can they apply for a work permit.

All applicants would need to pay the standard processing fee for applications for a work permit under the HSM. The fee amounts to $155.

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 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

The IFHP would not include the Immigration Medical Examination. It would be valid only for those applications received by the CIC by September 01, 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

The validity of the IFHP coverage could last until whichever of the following three conditions occurs first. Thus, Haiti nationals could enjoy the IFHP coverage:

  • Until the expiration date listed on the work permit or,
  • Up to a maximum period of six months 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

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 IFHP coverage. However, these temporary residents must:

  • Have received a new work permit or,
  • Have received an extension of a previous work permit

Individuals issued work permits prior to March 01, 2014 would continue to be eligible for IFHP health care coverage. This would be valid for the shorter of the following two durations:

  • The duration of the applicant’s work permit or,
  • A period of one year 

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 HSM, Haiti nationals applying for work permits would need to:

  • Write “Haiti” on the mailing applications of their work permit applications
  • Provide detailed explanations of why they need a work permit to support themselves in Canada
  • Include this explanation along with the work permit application

 

CPC-Vegreville

Temporary residents would need to ensure that they maintain their temporary resident status. This applies to residents who:

  • Have applied for a new work permit or,
  • Have applied for an extension of a previous work permit

They would need to maintain their temporary resident status by:

  • Applying for a new work permit or,
  • Applying for an extension of a previously issued work permit

They would need to do this before the expiry of their current status. Moreover, they would also need to pay the associated fees along with their applications.

Individuals who have already submitted an application for extending or changing their temporary status would benefit from an implied 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 HSM.

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

Expiry of Initiative

This initiative would remain valid until September 01, 2014

Source: Citizenship and Immigration Canada (CIC

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