Who Can Apply for Permanent Residence Status Under the Immigration Department's "Special Measures?"In a news release and backgrounder issued on December 9 by Immigration, Refugees and Citizenship Canada, the criteria for granting permanent resident status to certain asylum seekers is laid out.[1] The news release states: "Among other criteria, individuals eligible for consideration under these public policies must: - be a refugee claimant, with either a failed or pending refugee claim, who claimed asylum before March 13, 2020, and continued to reside in Canada when their application for permanent residence under this public policy was made; - have been issued a work permit after they made their refugee claim; - have worked in a designated occupation providing direct patient care: in a hospital, public or private long-term care home or assisted living facility, or for an organization/agency providing home or residential health care to seniors and persons with disabilities in private homes; - have a Quebec Selection Certificate, if wishing to reside in Quebec; and - meet existing admissibility requirements, including those related to criminality, security and health. "Some refugee claimants would be excluded from applying, including those who have been found ineligible to have their refugee claim referred to the Immigration and Refugee Board of Canada, or who have withdrawn or abandoned their claims." Applicants must advise the Immigration and Refugee Board (IRB) that they have applied, so that any pending refugee claim can be placed on hold. Once IRCC confirms their eligibility and that they have the required work experience, any removal order they are under will be stayed until a final decision on their application is made. The pending or failed refugee claimant must also have been authorized to work in Canada by virtue of a work permit "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 of their refugee claim, in which case work performed subsequent to the loss of that authorization need not be authorized." In other words, if someone lost their work permit after a removal order was issued against them and nonetheless continued to work to ensure their survival, they may apply for the program. However, if they are rejected, it leaves them without any recourse and at risk of immediate removal from Canada. If applying for permanent resident status under these "special measures" anyone who has received a final negative decision from the IRB and has "commenced an application for leave and judicial review of the negative IRB decision in Federal Court, or an appeal in relation to the underlying IRB decision at the Federal Court of Appeal" must withdraw their claim at the IRB or their appeal of the negative decision "in order to be granted permanent residence through the public policy." Should they not withdraw, "those processes will continue to proceed but their application for permanent residence under this public policy will be refused." Persons not eligible include: "Persons whose refugee claims were: determined to be ineligible to be referred to the IRB; determined to be withdrawn (unless withdrawn immediately prior to being granted permanent resident status through this public policy) or determined to be abandoned; determined to be manifestly unfounded (MUC) or with no credible basis (NCB); determined to be excluded under Article 1F of the Refugee Convention; or a determination that refugee protection has been ceased or vacated are not eligible for this public policy."
This article was published in Article Link:   Website: www.cpcml.ca Email: editor@cpcml.ca |
