Temporary Public Policy for Health Care Workers Selected by Quebec During COVID-19

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryCanada

Operative dateDecember 14, 2020

CategoryRegularization / asylum / provincial selection

Policy toolTargeted status regularization

Affected groupAsylum claimants working in health care in quebec

Policy effect

Created a parallel public policy under IRPA s. 25.2 in accordance with the Canada-Québec Accord, enabling pending and failed refugee claimants working in direct patient health-care roles who were selected by the Government of Quebec (holding a Certificat de sélection du Québec / CSQ) to obtain federal permanent residence.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Residence status in recognition of their service during the pandemic. On May 25, 2020, Quebec Premier Legault, announced that he would consider allowing, on a case-by-case basis, claimants working in Quebec long-term care facilities during the pandemic to regularize their status by applying as immigrants. However, given that these individuals do not have status in Canada and are therefore inadmissible, under this public policy I facilitate granting of permanent residence to foreign nationals who were selected by Quebec. Recognizing the unique selection authority of Quebec, established under the … *Canada-Quebec Accord*, Quebec has authority, in the current context, to select foreign nationals intending to settle in Quebec. Applicants must comply with other eligibility criteria of this public policy including to not be inadmissible for other reasons than those for which an exemption is granted in the context of this public policy. In order to provide similar opportunities for this population across Canada, this public policy is being issued in conjunction with another public policy for the rest of Canada. ## Public Policy Considerations Refugee claimants who are working in Canada\`s health … status in Canada. This public policy enables the Government of Canada to recognize their significant contribution and risk to their health during the pandemic by providing them with a more secure future in Canada. In recognition that there may be refugee claimants who contracted COVID-19 and subsequently passed away, spouses and common-law partners of these individuals, who are in Canada, may also be granted permanent residence under this public policy. As such, I hereby establish that, pursuant to my authority under section 25.2 of the *Immigration and Refugee Protection Act* (the Act), there are public policy considerations that justify the granting of permanent residence to foreign nationals who meet the eligibility criteria and conditions listed below. ## Conditions (eligibility requirements) applicable to the principal applicants Based on the public policy considerations, delegated officers may grant permanent residence to foreign nationals who meet the following conditions. A) The foreign national: 1. Is a pending refugee claimant or a failed refugee claimant who made a refugee claim in Canada prior to March 13, 2020 and continued to reside in Canada when their application for permanent residence was made; 2. Was authorized to work in Canada by virtue of a work permit or work permit exemption under section 186 of the *Immigration and Refugee Protection Regulations* (the Regulations), unless the individual lost their authorization to work as a result of a removal order against them becoming enforceable due to a final negative decision on their refugee claim, in which case work performed subsequent to the loss of that authorization need not be authorized; 3. Intends to reside in Quebec; 4. Has been issued a Certificat de sélection du Québec under the *Special program for … the Right of Permanent Residence Fee, must be paid. ## Provincial selection criteria (Quebec) Applicants wishing to settle in Quebec are subject to the Province of Quebec’s selection criteria further to subsection 25.2(3) of the Act, and cannot be granted permanent residence unless Quebec determines that they meet the applicable selection criteria of the province. ## Start and end dates This public policy comes into effect upon signature. This public policy will be implemented on December 14, 2020 and will end on August 31, 2021 or when revoked by the Minister. Applications received on or before …

Immigration, Refugees and Citizenship Canada (IRCC)IRCC Policy Instrument, "Temporary Public Policy to Grant Permanent Residence to Certain Foreign Nationals Selected by Quebec Working in the Health Care Sector during the COVID-19 Pandemic".Open official source

Retrieved from https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/refugee-claimants-health-care-quebec.html

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp3-ced05847d9565778f7a7. Something wrong? Flag this record.

Temporary Public Policy for Health Care Workers Selected by Quebec During COVID-19

Policy effect

Official source excerpt

Review method

Other Canada changes operative in 2020