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Temporary Policy for Refugee Claimants' Open Work Permits

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryCanada
Operative dateNovember 16, 2022
CategorySkilled work
Policy toolProcessing time
Affected groupNew applicants

Policy effect

Public policy allowing IRCC to issue open work permits to refugee claimants as soon as the claim is determined eligible for referral, bypassing the requirement for formal referral to the Refugee Protection Division.

Conditions and exceptions

Validated condition or limit: Public policy allowing IRCC to issue open work permits to refugee claimants as soon as the claim is determined eligible for referral, bypassing the requirement for formal referral to the Refugee Protection Division.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… support themselves financially or contribute to the Canadian economy, and placing additional pressure on provincial and territorial social assistance and other critical supports. ## Public Policy Considerations Pursuant to paragraph 206(1)(a) of the *Immigration and Refugee Protection Regulations* (the Regulations), refugee claimants who cannot support themselves without working may only be issued a work permit after their claim has been referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB). This Temporary Public Policy exempts refugee claimants who made … their claim in Canada since the start of the COVID-19 pandemic from meeting certain requirements when applying for a work permit, in recognition of the importance of ensuring that claimants can support themselves financially while they await referral of their refugee claim to the IRB. To obtain a work permit under this public policy claimants must be determined eligible for referral to the RPD, in addition to other key requirements listed below. Normally this eligibility assessment is completed when a claimant appears for their scheduled examination. However, because of the current lengthy wait … as it applies to the issuance of the work permit under paragraph 206 and paragraph 200 of the *Regulations*; and 7. Has a claim for refugee protection that has been determined to be eligible to be referred to the Refugee Protection Division under s.100 of the *Act*. ### Provisions of the *Act and Regulations* for which an exemption may be granted: - The requirement in paragraph 206(1)(a) of the Regulations that the foreign national’s claim for refugee protection has been referred to the IRB; - The requirement to comply with the condition imposed by an officer under paragraph 43(1)(b) of the Regulations to not engage in any work in Canada if authorized to enter Canada under section 23 of the Act. ## Other Admissibility and Selection Criteria Foreign nationals eligible under this public policy are subject to all other legislative and regulatory obligations and admissibility and selection requirements not exempted under this, or another, public policy. ## Effective Date and Expiration This public policy comes into effect on November 16, 2022. The public policy may be revoked at any time. The Honourable Sean Fraser Minister of Immigration, Refugees, and Citizenship Dated at Ottawa, this …
Government of Canadacanada.ca. Temporary Policy for Refugee Claimants' Open Work Permits. Effective 2022-11-16.Open official source
Retrieved from https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/refugee-work-permits.html

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp-3b345248e0fbd979390a. Something wrong? Flag this record.

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