The IRCC Clarifies the Eligibility Requirements for Six New Immigration Options

On May 26, IRCC issued revised program rules that clarify the eligibility criteria for its six new permanent residence programs.

On May 6, Immigration, Refugees, and Citizenship Canada (IRCC) introduced six new permanent residences (PR) programs for vital employees and overseas graduates.

After just one day, the English-speaking International Graduate stream had reached its quota of 40,000 applications. However, Immigration Minister Marco Mendicino has stated that the IRCC is willing to alter the various streams’ quotas.

Over 11,000 applications were filed for the two English-speaking elementary worker streams. Their combined quota is 50,000 applications.

The three French-speaking streams have a substantially lower uptake, which is expected given Canada’s smaller francophone population and the fact that they are not subject to quotas; applicants have until November 6 to submit their applications to IRCC.

The program rules posted on the IRCC website on May 26 are intended to assist IRCC employees in evaluating applications filed under the six PR streams.

The three French-speaking streams have a substantially lower uptake, which is expected given Canada’s smaller francophone population and the fact that they are not subject to quotas; applicants have until November 6 to submit their applications to IRCC.

The program rules posted on the IRCC website on May 26 are intended to assist IRCC employees in evaluating applications filed under the six PR streams.

• Legal immigration into Canada and temporary resident status
• Proficiency in the official language
• Work experience currently held
• Intention to live somewhere other than Quebec
• Work experience that qualifies
• Education and training requirements

Legal immigration into Canada and temporary resident status

The IRCC emphasizes that all candidates must be residing in Canada with valid temporary resident status and must be physically present in Canada when the application for permanent residence is submitted, and IRCC approves the application. Those who do not have temporary resident status in Canada, such as refugee claimants, are ineligible for one of the six PR programs.

Proficiency in the official language

Essential workers must show that they have acquired a Canadian Language Benchmark score of at least four on an IRCC-approved language test. International grads must have a minimum score of 5. The following tests are available:

The language of instruction is English.

• IELTS is an abbreviation for the International English Language Testing System (General Training test only)
• CELPIP stands for the Canadian English Language Proficiency Index Program.

The language is French.

• TEF Canada: French Evaluation Test
• TCF Canada: French language proficiency test (in French only)

Work experience currently held

To be eligible for the streams, applicants must be employed. The present employment must, according to IRCC, be:

• be in Canada
• can be in any occupation
• must be legal
• must be paid in wages or commission
• is not self-employed work unless working as a paid medical doctor for a health authority

The date the application is submitted to IRCC is the criteria of “currently employed,” according to IRCC. Applicants are not required to remain working during the application process, and their work at the time of their application might be full-time or part-time.

IRCC officials will consider the following considerations when evaluating whether an applicant is an employee or self-employed:

When determining whether an applicant was an employee or self-employed, IRCC officers will consider factors such as:

• the autonomy the worker had, such as how much control they had over what type of work was performed and when it was performed
• whether the worker owns or is providing tools necessary to complete the work
• the extent to which the worker needs to perform the work personally and whether they can subcontract or hire additional help to complete the work
• if the worker assumes the financial risk
• other relevant details such as written contracts

Intention to live somewhere other than Quebec

The six programs are open to applicants who want to live anywhere in Canada other than Quebec. If IRCC personnel are not convinced that an applicant intends to live outside of Quebec, they are instructed to tell the applicant their concerns.

Work experience that qualifies

Essential workers must meet the following conditions:

• have gained work experience in an eligible National Occupation Classification (NOC) code of at least 1,560 hours in the three years before the application has been submitted
• the applicant must have been authorized to work in Canada
• the work occurred in Canada
• wages or commission were paid
• the applicant must not have been self-employed unless they were a medical doctor being paid by a health authority

Education Requirements

International graduates must meet the following requirements:

• The program of study was completed at a Canadian Designated Learning Institution (DLI)
• The applicant completed their program at a Canadian DLI no earlier than January 2017
• The applicant must have had a study permit while enrolled at the DLI
• The applicant received an eligible credential (e.g., a degree, diploma, certificate, or attestation from a program leading to a job in a skilled trade)
• One or more certifications will be accepted if the combined study in Canada is equivalent to a 2-year diploma (at least 16 months in duration)