Temporary public policy to facilitate the granting of permanent residence for certain refugee claimants working in the health care sector during the COVID-19 pandemic

Annex A

Designated occupations – National Occupational Classification (NOC) codes

• 3011 – Nursing co-ordinators and supervisors
• 3012 – Registered nurses and registered psychiatric nurses
• 3233 – Licensed practical nurses
• 3413 – Nurse aides, orderlies and patient service associates
• 3124 – Allied primary health practitioners

Other designated occupations:

4412 – Home support workers, housekeepers and related occupations only

Note 1: Among the sub-occupations under NOC 4412, housekeepers and related occupations are excluded from the designated occupations under the public policy.

To be eligible under the NOC code 4412 for this public policy:

• The applicant must be engaged in providing basic personal care services and offering physical assistance directly to patients by primarily performing some or all of these duties:
  • Provide care and companionship for individuals and families during periods of incapacitation, convalescence or family disruption
  • Administer bedside and personal care to clients such as aid in ambulation, bathing, personal hygiene, and dressing and undressing
  • May perform routine health-related duties such as changing non-sterile dressings, assisting in the administration of medications and collecting specimens under the general direction of a home care agency supervisor or nurse
• The applicant may also perform duties listed below, in addition to the above mentioned duties:
  • Plan and prepare meals and special diets, and feed or assist in feeding clients
  • Perform routine housekeeping duties such as laundry, washing dishes and making beds

Note 2: For greater certainty, as per the objective of the public policy, the applicant must demonstrate that the principal care services provided are for the patient and not their family.  In addition, the onus is on the applicant to satisfy the officer that they predominantly provided personal care and support services as per the main duties described in the NOC occupational description, with any performance of routine housekeeping duties such as laundry, washing dishes, etc., being incidental to their primary role providing direct in-home care.

Note 3: For greater certainty, self-employed caregivers or those who are employed by private households (directly employed by the person receiving care, or by the family/guardians of the person receiving care) are excluded from this public policy.

Annex B

Document requirements

Subparagraph 72 (1) (e) (ii) of the Regulations:

A foreign national in Canada becomes a permanent resident if, following an examination, it is established that: (e) except in the case of a foreign national who has submitted a document accepted under subsection 178 (2) of the Regulations or of a member of the protected temporary class: (ii) they hold a document described in any of paragraphs 50 (1) (a) to (i) of the Regulations.

Paragraphs 50 (1) (a) to (i) of the Regulations:

1. a passport, other than a diplomatic, official or similar passport, that was issued by the country of which the foreign national is a citizen or national;
2. a travel document that was issued by the country of which the foreign national is a citizen or national;
3. an identity or travel document that was issued by a country to non-national residents, refugees or stateless persons who are unable to obtain a passport or other travel document from their country of citizenship or nationality or who have no country of citizenship or nationality;
4. a travel document that was issued by the International Committee of the Red Cross in Geneva, Switzerland, to enable and facilitate emigration;
5. a passport or travel document that was issued by the Palestinian Authority;
6. an exit visa that was issued by the Government of the Union of Soviet Socialist Republics to its citizens who were compelled to relinquish their Soviet nationality in order to emigrate from that country;
7. a passport issued by the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong;
8. a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China; or
9. a passport issued by the United Kingdom to a British Subject.

Subsection 178(1) of the Regulations:

Identity documents – An applicant who does not hold a document described in any of paragraphs 50 1(a) to (i) of the Regulations may submit with their application:

1. any identity document issued outside Canada before the person’s entry into Canada;

   or

2. if there is a reasonable and objectively verifiable explanation related to circumstances in the applicant’s country of nationality or former habitual residence for the applicant’s inability to obtain any identity documents, a statutory declaration made by the applicant attesting to their identity, accompanied by
   1. a statutory declaration attesting to the applicant’s identity made by a person who, before the applicant’s entry into Canada, knew the applicant, a family member of the applicant or the applicant’s father, mother, brother, sister, grandfather or grandmother, or
   2. a statutory declaration attesting to the applicant’s identity made by an official of an organization representing nationals of the applicant’s country of nationality or former habitual residence.

Subsection 178 (2) of the Regulations:

Alternative documents – A document submitted under subsection 178 (1) of the Regulations shall be accepted in lieu of a document described in any of paragraphs 50 (1) (a) to (i) if

1. in the case of an identity document, the identity document
   1. is genuine,
   2. identifies the applicant, and
   3. constitutes credible evidence of the applicant’s identity; and
2. in the case of a statutory declaration, the declaration
   1. is consistent with any information previously provided by the applicant to the Department or the Board, and
   2. constitutes credible evidence of the applicant’s identity