Background
The Canadian asylum system is currently under a lot of pressure due to the high number of asylum claimants seeking protection in Canada. This pressure is felt at various stages of the process, including the issuance of work permits.
There are some asylum claimants who have their claim deemed to be ineligible to be referred to the Refugee Protection Division of the Immigration and Refugee Protection Board (IRB). These claimants, in most cases, are deemed to be eligible to make an application for Pre-Removal Risk Assessment (PRRA) to assess the risk they may be exposed to if they are removed from Canada. Currently, in the process, when such a claimant is notified of their eligibility to make an application for PRRA, their removal order is stayed, and they can make an application for a work permit.
For those claimants who have ineligible claims but already possess a work permit, their work permits are terminated, and they can make an application for a work permit once they are notified of their eligibility to make an application for PRRA.
Recently, the Government has proposed two new ineligibilities in the Immigration and Refugee Protection Act (the Act) that are aimed at safeguarding the Asylum System from a surge in claims, relieving the current pressure on the Asylum System, and preventing individuals from abusing the Asylum System to circumvent the normal immigration laws or extend temporary stay in Canada.
The “one-year” ineligibility: The proposed ineligibility would prevent the referral of the claim of an individual who makes an asylum claim more than one year after the individual first enters Canada after June 24, 2020, to the RPD of the IRB. This would apply to all individuals, including workers, students, and visitors, regardless of whether they left and re-entered Canada.
- The “14 days” ineligibility: The proposed ineligibility would prevent the referral of the claim of individuals who enter Canada irregularly (between ports of entry from the United States) and make a claim for asylum more than 14 days after entry to the RPD of the IRB.
- Individuals whose claims are deemed to be ineligible pursuant to the proposed ineligibilities may make a PRRA, and they are eligible for a work permit once they are notified that they may make a PRRA.
Short term, there may be a longer time between the time that a claim of an individual is deemed ineligible pursuant to the proposed ineligibilities and the time that the individual is notified that they may make a PRRA, and this may result in the individual not being able to apply for a work permit as they may not yet be eligible for a work permit as their removal order may not yet be unenforceable (stayed).
The proposed approach is a transitional public policy that would make the work permit process for individuals whose claims are deemed ineligible more efficient and would enable them to work in a timely fashion.
Public Policy Considerations
As part of this transition measure, in order to ensure that access to a work permit is provided to those with claims that are not eligible to be referred to the RPD while they await notification that they may make an application for a PRRA and therefore their removal order is stayed, this Temporary Public Policy will facilitate the issuance of a work permit to a foreign national upon application for the work permit after the determination that their claim is not eligible to be referred but before they are notified that they may make a PRRA application and their removal order is stayed.
In addition, under this Temporary Public Policy, an exemption will be provided to individuals with claims that are determined to be ineligible to be referred to the RPD from having an existing work permit cancelled at the time that their removal order becomes enforceable pursuant to s.243.2 of the Regulations.
The purpose of these exemptions is to ensure that individuals have access to employment and can financially sustain themselves without placing additional strain on provincial and territorial services and other supports until the application process for the PRRA is initiated.
I hereby establish, pursuant to my authority under section 25.2 of the Act: that there are sufficient public policy considerations that justify the granting of exemptions from the requirements of the Regulations listed below to foreign nationals who meet the conditions (eligibility requirements) set out below.
Conditions (Eligibility Requirements)
Part 1 – Those with ineligible claims who have applied for a work permit
Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Regulations identified below if:
The foreign national:
Has made a claim for refugee protection as required by subsection 99(3) of the Act that has been determined to be ineligible to be referred to the Refugee Protection Division of the Immigration and Refugee Board under s.101(1)(a), (b), (b.1), (b.2), (c), (c.1), (d) or (f) of the Act;
Is not ineligible to apply for protection under s.112(2)(a); and
Has submitted a work permit application under section 200 of the Regulations.
Provisions of the Regulations for which an exemption may be granted:
To foreign nationals who meet the requirements of Part 1, above:
Paragraphs 199(a) to (i) of the Regulations – the requirements that a foreign national must meet in order to apply for a work permit after entering Canada.
Paragraph 200(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period of authorization for their stay under Division 2 (work permit issuance).
Paragraph 200(1)(c) of the Regulations – the requirement to be described under this paragraph of the Regulations.
Part 2 – Those with ineligible claims who have an existing work permit
Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Regulations identified below if:
The foreign national:
Has made a claim for refugee protection as required by subsection 99(3) of the Act that has been determined to be ineligible to be referred to the Refugee Protection Division of the Immigration and Refugee Board under s.101(1)(a), (b), (b.1), (b.2), (c), (c.1), (d) or (f) of the Act;
Is not ineligible to apply for protection under s.112(2)(a); and
Is in possession of a work permit under section 200 of the Regulations.
Provisions of the Regulations for which an exemption may be granted:
To foreign nationals who meet the requirements of Part 2, above:
The requirement in paragraph 243.2(a) of the Regulations that a foreign national’s work permit is cancelled when a removal order made against them becomes enforceable.
Other Admissibility and Selection Criteria
Foreign nationals who are eligible under this public policy are also subject to all other legislative and regulatory requirements and admissibility and selection criteria that are not exempted under this public policy or any other public policy.
Effective Date and Expiration
This public policy will be in effect as of the day that Bill C-12, Strengthening Canada’s Immigration System and Borders Act, receives royal assent. This public policy may be revoked at any time. The applications that were received under this public policy on or after the day that it is in effect and up to and including the day that it is revoked or expires will be processed under this public policy.