Immigration Minister Marco Mendicino, on April 14, 2021, announced IRCC’s latest intentions to create new immigration pathways to obtain permanent residence for Essential workers and International students who are currently working in Canada.
Available pathways for Permanent Residence (PR) under the ‘temporary residence (TR) to PR’ immigration programs
The ‘TR to PR’ immigration programs is implemented via particular public policies to grant temporary residence status to temporary workers and international students working in Canada. As a result, these workers possess the necessary skills and experience that will aid Canada’s economic recovery positively from its current level following the COVID 19 pandemic.
IRCC has published four particular public policies (listed below) that will facilitate TR to PR pathways.
- International Graduates in Canada
- International Graduates (French-speaking) in Canada
- Foreign nationals living in Canada having recent Canadian work experience (in sought-after occupations)
- Foreign nationals (French-speaking) living in Canada having Canadian work experience (in sought-after occupations)
TR to PR immigration program for International Students – Qualification criteria
To qualify under the new immigration pathway programs for international students, applicants must satisfy the following requirements:
- They should have graduated from a Designated Learning Institution (DLI) in Canada after January 2017; the study program should be of at least eight months’ duration.
- The student should have received an Associate/Bachelor’s/Master’s/Doctorate degree from the DLI;
- a degree/diploma/certificate/attestation issued after completion of a program (any duration) which leads to a skilled trade/occupation;
- One or more diplomas or certificates or attestations meeting the following conditions:
For diplomas/certificates/attestations, each study program must last eight months in duration; for any combined length of credential (s), the duration must be equivalent to at least 16 months (a two-year credential).
In the case of DVS/AVS, each study program must be a minimum of 900 hours, and the combined program must be a minimum of 1,800 hours. When combining a DVS with an AVS, the duration may be less than 900 hours; however, the combined duration should be a minimum of 1800 hours.
- The student should have held a valid study permit during their entire education period in Canada;
- The candidate should be currently employed in Canada with a valid work authorization permit.
- The student should have CLB level 5 in English/French (within the last two years if applying under the foreign nationals program) or a minimum of CLB level 5 in French (if applying under the French-speaking program).
- The applicant must be residing in Canada on a valid temporary resident status/be eligible to restore status. They should be physically present in Canada when the application for PR is received and approved.
- The applicant must intend to reside in a province/territory outside Quebec.
In addition to the criteria mentioned, all applicants, including dependent family members, must clear medical and criminal background checks and not fall into the ‘inadmissible to Canada’ category.
TR to PR immigration program for essential occupations – Who All Can Qualify
To qualify for the new immigration pathways for essential occupations, applicants should possess the following criteria:
They should demonstrate a minimum of 1 year of full-time work/equivalent work experience (in an eligible essential worker/healthcare worker category). This period should be within the three years immediately prior to the application. In addition, the work experience (of 1 year) must be in one or more of the below-mentioned eligible occupations:
- Healthcare Workers: 1 year of work experience must be in one or more of the occupations mentioned in the list of occupations.
- Essential Worker: One year of work experience must be in one/more occupations mentioned in the list of occupations or a combination of occupations that are classified in the Healthcare Workers/Essential Worker category.
They should be currently employed in Canada at the time when the application for PR is received (in any occupation);
The applicant should meet the definition of a ‘worker’ and also hold a valid work authorization for the period of qualified Canadian work experience.
The applicant should have attained a minimum CLB level 4 proficiency in English/French (within the last two years) when applying under the foreign nationals program and a minimum CLB level 4 proficiency in French when applying under the French-speaking program.
They should be residing in Canada and have valid TR status (or be at least eligible to restore their status). They should also be physically present in Canada when the PR application is received and approved.
The applicant must intend to reside in a province/territory outside Quebec.
In addition to the criteria mentioned, all applicants, including dependent family members, must clear medical and criminal background checks and not fall into the ‘inadmissible to Canada’ category.
‘TR to PR’ immigration pathway Occupations for applicants to qualify as an Essential/Health-care Worker
To qualify for the new immigration pathways under one of the public policies that target Essential Workers and Health-care Workers, applicants must have Canadian work experience of at least one year (in the last three years) in any one of the listed occupations. The IRCC has identified around 100 occupations that come under the ‘essential’ category.
How to apply for any one of the ‘TR to PR’ immigration programs
Applications for the ‘TR to PR’ immigration programs must be submitted electronically by referring to the specific public policy for which the applicant qualifies. IRCC has set up a new application portal with a special design to process applications submitted under the new TR to PR immigration pathways.
New PR immigration programs – Documents to be submitted
IRCC has yet to publish a checklist for the required documentation. However, candidates have to submit the following documents anyway as part of their application:
- Completed application form
- Documents pertaining to civil status
- Education credentials and transcripts of Canadian education credentials (if applicable)
- Language proficiency proof
- Work reference letters (from Canadian employers, if applicable)
- Copy of passport
- Copies of all Canadian immigration permits
- Police clearances
- Results of medical examination
- Digital photograph
All the above-mentioned supporting documentation deemed necessary by the authorities to assess whether a foreign national meets the requisite conditions of the newly announced public policies should be furnished along with the application.
Commonly Asked Questions
Do I have to show settlement funds while applying under the new TR to PR immigration programs?
The applicant does not have to show settlement funds when applying for any of the new TR to PR immigration programs, unlike the other immigration programs to Canada.
What is the approximate cost of the new TR to PR immigration programs?
Applicants will have to pay a total processing fee of CAD 1050 (along with their applications) under any new PR programs. In addition, the applicant will also have to pay the processing fees for an accompanying spouse and dependent children or common-law partner if they are also included in the application.
Is it necessary to have a job offer on hand to apply for the new TR to PR immigration programs?
It is not required that applicants have a job offer on hand from a Canadian company when applying for PR under one of these new immigration programs. Eligibility under these programs is based on the applicant’s previous education/work experience in Canada and not on future employment offers.
The new public policies for Essential/Health-Care Workers require that the applicant have at least one year of work experience in Canada (within the last three years).
In public policies for International graduates, the applicant has to be currently working in Canada. However, under these policies, there are no stipulations on the type of work experience required.
What is the time taken to process applications under the new TR to PR immigration programs?
There are no indications in the new public policies regarding the length of time IRCC will take to process these applications. However, these programs are ‘accelerated’ Canadian immigration pathways. The main objective of these newly introduced public policies is to allow foreign nationals/International graduates to obtain PR in Canada and help aid the country’s economic recovery. IRCC has committed to processing approximately 40,000 applications received under the TR to PR immigration programs this year. The remaining applications have been kept aside for processing in 2022.
Can the applicant include the spouse’s and dependent children’s names in the PR application form under the new TR to PR immigration programs?
Under any of the four new public policies facilitating immigration to Canada, eligible spouses/common-law partners, and dependent children, can have their names included in the PR application. That is, they will also be granted PR status under these new programs.
Does the new ‘TR to PR’ immigration program have a cap on the number of applications that will be accepted?
The new public policies for Essential workers/International graduates that facilitate Canadian immigration limit the application numbers that will be accepted for each of the streams.
- 40,000 applications (International Students)
- 30,000 applications (Essential Workers)
- 20,000 applications (Health-Care Workers)
The intake limit for the International students’ category reached its 40,000 limits on May 7, 2021, and for Essential Workers on July 16, 2021.
There is no number cap set for French-speaking Essential Workers/International Graduates in the new public policies for Canadian immigration. This means that IRCC will process all the eligible applications submitted under the two new public policies if the application is submitted before November 5, 2021.
Will IRCC re-open the TR to PR immigration programs if the intake numbers have already reached the set limits?
As of today, the number limits for International students and Essential worker streams have been reached. Therefore, no candidate is eligible to apply under these streams unless they demonstrate the required proficiency in French.
Marco Mendicino, Canada’s Immigration Minister, has indicated that IRCC may re-open the new immigration programs to allow more candidates to put in their applications.
The new public policies introducing these ‘TR to PR’ Canadian immigration programs are valid until November 5, 2021. Therefore, any re-opening of the immigration caps will have to be done prior to this date if the public policies are not extended.
For any applicant who is currently living and working in Quebec, is it possible for them to submit their application under any one of the new TR to PR immigration pathways if they satisfy the eligibility criteria?
Any individual, who satisfies all the new immigration program criteria, including residents of Quebec, may apply. However, in the case of applicants residing in Quebec at the time of submission of the application, they should express their intent to reside outside the province.
After PR status is granted to the applicant under any newly introduced TR to PR immigration programs, can the applicant decide to live anywhere they want in Canada?
All four new immigration pathways have been set up for immigrants who wish to settle in Canada (except inside Quebec).
Is it possible for me to apply for an open work permit if I have applied under one of these new TR to PR immigration programs?
From July 26, 2021, those who have applied to any new TR to PR immigration programs can apply for a ‘TR to PR’ open work permit.
However, to apply for an open work permit in Canada, the applicants must:
- Have applied under any one of the new TR to PR immigration programs
- Possess a valid work authorization
- Possess a work permit that is fixed to expire in a period of four months
- Be currently residing in the country
- Hold a TR status/maintained status/eligible to restore their status
- Continue to meet any language requirements for the new TR to PR pathway stream they have applied under
If all the conditions are satisfied and once approved, the ‘TR to PR’ open work permits will be issued to the eligible applicants until December 31, 2022.
For how long will the new ‘TR to PR’ immigration programs be available?
All the newly introduced four special public policies governing the ‘TR to PR’ immigration pathway programs are to be launched on May 6, 2021 and are scheduled to close on November 5, 2021, or when the intake limit for the applicant numbers for the specific stream has been reached, whichever is earlier. However, any application that is submitted after November 5, 2021, will not be accepted.
If you want to begin your Canadian immigration journey through any of these new TR to PR programs, contact us today at Immilaw Immigration Law Professional Corporation– Canadian Immigration Law Firm to schedule a consultation with one of our Immigration Lawyers!
