CIMM - Public Policies and Facilitative Measures for Temporary Workers – For Discussion - Nov 25, 2020

Public Policy 1 - Changing Employers

Allows temporary workers already in Canada who are changing jobs or employers, to begin work in advance of a final decision. The finalization of the WP application ensures workers are protected under relevant employer compliance regulations.

Purpose

• To assist workers who had lost their employment as a result of COVID-19.
• Contribute to the Flagpole Action Plan.

Resource implications

Yes. Additional work assessing the PP request. This requires additional resources from CEB to triage the PP requests. Additional resources are also used at CPC-E to pull and review WP applications as part of PP eligibility assessment

Flagpoling implications

By allowing applicants to change employer, and providing proof of approval, workers no longer need to flagpole for an immediate WP.

Volumes

• As of November 17, 2020, IRCC has received 8,923 Webform requests under this policy.
• 4,381WP applications were approved under this policy, 1,211 requests for consideration were refused.

Results

• High uptake as it allowed temporary workers the flexibility to change jobs quickly.
• Foreign nationals who were unable to leave the country or have lost their jobs or access to schooling were provided with labour mobility.

Pros and Cons

Pros

• Allows foreign nationals to request to change jobs quickly.
• Faster processing of identified cases, within 10 business days (if the request is complete).
• Reduces the need for flagpoling.

[Redacted]

Public Policy 2 - Restoration with interim work authorization

Allows for an extended period to restore their status if they had a TR status on January 30, 2020 but lost it after that date. In addition, former temporary workers who held a work permit within 12 months period could request an interim work authorization while awaiting decision on their new WPs.

Purpose

• Foreign workers can restore their status if they lost their status during the COVID-19 period.
• Contributes to the Flagpole Action Plan as those who were unable to restore their status within 90 days, have additional time to apply for restoration.

Resource implications

Yes. Applications require more resources to complete than a regular one as there is the extra work assessing the PP request.

Flagpoling implications

It extends the period for restoration from within Canada, removing the need for flagpoing to restore status.

Volumes

• As of November 17, 2020, only 92 interim work authorizations have been approved.
• For applications received more than 90 days after status expired, 9 restoration applications have been approved and 6 have been refused.

Results

• Low uptake and since it has only been in effect for a relatively short period of time, foreign nationals may not be aware of it. For the most part, applicants extend their status prior to the expiry.

Pros and Cons

Pros

• FNs can regularize their status.
• Contributes to employer compliance and prevents abuse of undocumented workers.

[Redacted]

Public Policy 3 – Visitor to worker

Visitors who were in Canada on Aug 24, 2020, have valid status when they apply with a job offer, will have until March 31, 2021, to apply for an employer-specific WP under the TFWP or IMP. Those who held a WP in the year prior to their application but subsequently converted to visitors will also be able to request to start their employment while their WP application is processed.

Purpose

• To allow visitors, including former WP holders, who were in Canada before Aug 24 and affected by the COVID 19 travel restrictions can apply for a WP.
• Contributes to the Flagpole Action Plan as FNs are not required to leave Canada to obtain authority to work.

Resource implications

Moderate: Visitors wouldn’t have been eligible to apply for a WP while in Canada, therefore, it has increased demand on the Centralized processing network. However, it is too early to assess the impact on processing.

Flagpoling implications

Facilitates obtaining additional authority from within Canada without having to flagpole.

Volumes

• As of November 17, 2020, 569 visitor to worker applications have been received and 351 have been refused. Refusals were due to applicants applying for an open WP, were not in Canada or already had a WP and therefore were not eligible for PP3.

Results

• Moderate uptake and high refusal rate as a high number of applicants did not qualify as they did not have an LMIA or an LMIA-exempt job offer. 

Pros and Cons

Pros

• Allows visitors who couldn’t travel as a result of COVID-19, to make a living while they wait for international travel to resume.
• Reduces the need for flagpoling.

[Redacted]

Public Policy – Biometrics exemption for overseas WP applicants in key industries

Provides exemption from biometrics collection overseas for foreign nationals applying for a WP in key industries, with biometrics enrolment to take place upon arrival in Canada at the POE. LEAD: IRM

Purpose

• Introduced to facilitate WP issuance to those overseas applying to work in certain key industries (seasonal agricultural workers, agricultural stream workers, agri-food sector workers, truck drivers and workers in the health-care sector).

Resource implications

Yes. Requires more CBSA resources for biometrics collection at the POE

Flagpoling implications

No

Volumes

• As of November 17, 2020, 3,822 biometrics waivers for overseas WP applicants in key industries were done.  An additional 206 exemptions for WPs where biometrics collection was impossible or not feasible but where travel was permissible were also done

Results

Moderate uptake Temporary foreign workers in key industries were able to obtain a WPs and travel to Canada.

Pros and Cons

Pros

• Allows IRCC to finalize overseas applications when VACs and migration offices abroad are closed, operating at limited capacity, or are otherwise inaccessible to clients (such as due to travel restrictions).
• Biometrics are provided at the POE when operationally feasible, therefore, it does not affect admissibility and it can be done without system changes.
• Biometrics collected at the POE are valid for 10 years and may be re-used by clients in subsequent applications (1-in-10 rule)

[Redacted]

Public Policy – Biometrics exemption for in Canada applicants

Canada applicants - Provides exemption from biometrics collection for foreign nationals in Canada applying for a temporary resident visa or status, WP, study permit, or temporary resident permit. LEAD: IRM

Purpose

• Introduced to allow SP-EXT and WP-EXT application finalization for applicants in Canada who could not provide biometrics due to closures of Service Canada offices.

Resource implications

No it facilitates approval of temporary resident applications.

Note: an initial increase in resources was needed to apply biometric waiver until IT changes made

Flagpoling implications

No

Volumes

• As of November 17, 2020, 3,822 biometrics waivers for overseas WP applicants in key industries were done.  An additional 206 exemptions for WPs where biometrics collection was impossible or not feasible but where travel was permissible were also done

Results

• High uptake Temporary residents (including foreign workers) were able to extend their status in Canada without having to provide biometrics.

Pros and Cons

Pros

• Foreign nationals in Canada can extend their status without having to wait for Service Canada offices to open.
• Expedites processing of extensions.
• Prevents COVID-19 exposure for SC employees and applicants.

[Redacted]

Facilitation Measures – Issuance of permit in Canada for Letter of Introduction (LOI) Holders

Allows for the examination of foreign nationals who are in Canada with a LOI after approval of a study or WP application processed outside of Canada.

Purpose

• Facilitates examination of foreign nationals who were in Canada, but who were issued an LOI on their WP/SP applications made overseas and could not leave Canada to activate the permit.
• Contributes to the Flagpole Action Plan as they don’t have to leave Canada to activate permit.

Is it resource intensive on the networks?

Yes. This process is done by DN upon receipt of a request from the foreign national.

This is an additional line of business that DN did not previously have. However DN officers are now familiar with this POE process.

How does it address flagpoling?

Yes. Clients who are in Canada and who need activate their WP/SP do not have to flagpole.

Volumes

• High uptake. Since implementation on October 1, to November 17, 2020, 780 WPs and SPs have been issued.

Results

• Applicants who are in Canada and who had applied for a WP or SP do not have to flagpole or leave Canada to change their status.
• [Redacted]

Pros and Cons

Pros

• Examination is done in Canada, therefore, there is no need to flagpole.
• Facilitates work-sharing across the Integrated Network

[Redacted]

Facilitation Measures – SAWP LMIA extension

Service Canada has agreed to extend LMIA issued under the SAWP for employers who wish to extend their workers’ employment duration, beyond the 8-months limit, for season 2020. LMIAs will be extended by Service Canada for a maximum of 30 days as a measure to support agricultural employers.

Purpose

• Facilitates the extension of WPs for foreign workers under SAWP.
• Contributes to the Flagpole Action Plan as the LOI means they don’t have to leave Canada to change status.

Is it resource intensive on the networks?

Yes. A process was established with CN for applicants to send their applications on paper and clearly identify the envelope for priority processing

How does it address flagpoling?

No.

Volumes

• AS of November 19, 2020, ESDC had issued 351 SAWP LMIA extensions. Only 4 work permit extensions have been received.

Results

• This facilitative measure allowed employers to extend the LMIA for up to 8 months. If the worker arrived in Canada after April 15, 2020, they do not need to request a WP extension as their authorized period of stay will not go beyond the 8-months limit condition. They must leave Canada by December 15, 2020.  WP cannot be extended beyond December 15, 2020.

Pros and Cons

Pros

• Flexibility for employers who want to extend workers under SAWP.

[Redacted]

Facilitation Measures – Priority processing for essential occupations (agriculture, health and transport industries including specific occupations for Quebec)

Identification of the NOCs for the essential occupations, aligning with ESDC prioritizing the processing of LMIAs for NOCs related to agriculture, agri-food and truck driving. At the request of the Quebec government, certain NOCs in the health care and education sectors were also added.

Purpose

• Facilitates priority processing for some essential occupations during COVID-19.

Is it resource intensive on the networks?

Yes. The prioritization process coordination with OPPB and Networks to provide a report of incoming applications daily.

How does it address flagpoling?

No.

Volumes

• Between January 1 and September 27, 2020, 80% of all agricultural WP applications (including NOC 7511 – truck drivers) were processed within 28 days; more specifically, 80% of SAWP applications were processed within 21 days.

Results

• Prioritizing essential workers during COVID-19, has allowed the Canadian economy to meet the demand for essential workers in these critical sectors. 
• Although priority processing was to be applied to most of the identified occupations, some applications have not been prioritized as the NOC is not required on the application form, therefore, it is difficult to identify these applications.

Pros and Cons

Pros

• Facilitates arrival of essential workers.

[Redacted]

Facilitation Measures – 14 day processing for Film and TV industry

Following Minister’s interest, this was implemented through PDI updates on September 28, 2020. Clients self-identify via Webform to request priority processing. Also, facilitates travel during COVID-19 travel restrictions.

Purpose

• Facilitates priority processing and travel for film and TV industry during COVID-19.

Is it resource intensive on the networks?

Yes. It requires additional resources to identify and track priority processing.

How does it address flagpoling?

No.

Volumes

Between March and September 2020, of the 957 C14 work permits applications were received (excluding extensions) - 98% were issued to temporary resident visa-exempt applicants.  89% of C14 work permits were issued at a port of entry and 80% of work permits were issued to United States citizens.

Results

• Film and TV industry workers were prioritized and therefore, impact of COVID-19 on the industry was minimized.

Pros and Cons

Pros

• Facilitates travel for those that fall under C14 and are TRV required
• 14 day priority processing

[Redacted]

Facilitation Measures – Counterfoil-less visa issuance

In situations where a counterfoil cannot be affixed into a passport, applicants who meet the travel restrictions exemption criteria and who are travelling to Canada for exceptional/critical purposes are issued a TRV counterfoil letter for presentation to airline and CBSA. CBSA is also notified regarding the travel itinerary.

Purpose

• Foil-less single-entry visas have facilitated travel for exceptional/critical cases when COVID-19 restrictions led to VAC/migration office closures or caused shortages of counterfoils.
• This measure was used to facilitate the arrival of agricultural workers and seafarers. Beyond workers, foil-less issuance has been used for multiple other critical lines of business, including diplomats, PRTDs, and most recently PHAC compassionate cases.

Is it resource intensive on the networks?

[Redacted]

How does it address flagpoling?

No.

Volumes

As of October 30, 2020 the RROC has issued 11,190 foil-less visas to clients from all eligible lines of business.

This 11,190 does not include foil-less visas issued by other offices (IRCC Manila, IRCC Sydney, CN) which are doing their own foil-less visa issuance.

Results

• Visa issuance was facilitated during the pandemic when VACs and migration officers were closed and when mail-disruptions prevented clients from submitting passports.
• Critical lines of business were able to travel to Canada despite the infeasibility of printing counterfoils in certain cases.

Pros and Cons

Pros

• Saves time/resources required to print visas at missions overseas.
• Reduces use of counterfoils, handling of passports/physical documents during pandemic.
• Can be done in Canada by the RROC.

[Redacted]

Facilitation Measures – Immigration medical examinations (IME)

An extension to 90 days to undergo a medical exams has been implemented. Some medical results will be reassessed and an extension of the IME validity may be granted depending on the country. LEAD: MHB

Purpose

• Applicants who could not undergo an IME as a result of COVID-19 restrictions, can have additional time and will not be refused for non-compliance.
• Extension of IME results allows IRCC to issue a visa instead of requesting a new IME.

Is it resource intensive on the networks?

Yes. MHB needs to review applications to assess whether an extension of time is required or to assess if IME results can be extended.

How does it address flagpoling?

No.

Volumes

TBD

Results

• If clients are given an extension of time to undergo an IME, their application will not refused for non-compliance.
• Extending validity of IME results allows IRCC to finalize applications without requesting a new IME. 

Pros and Cons

Pros

• Giving applicants additional 90 days to undergo IMEs, results reduces the number of refusals for non-compliance.
• Extension of valid IMEs, allows IRCC to finalize applications without the need to request a new IME.

[Redacted]

Impacts at a glance:

[Redacted]