Temporary public policy to facilitate the issuance of permanent resident visas for physicians providing publicly funded medical services in Canada

Background

Many foreign national physicians seeking to immigrate to Canada as permanent residents have the qualifications to apply to Canada’s federal economic immigration programs through Immigration, Refugees and Citizenship Canada’s Express Entry system. Yet, these physicians may have arranged employment and/or work experience in Canada that does not meet the programs’ requirements due to the structure of their work. This makes it more difficult for them to qualify for permanent residence through the federal economic programs and leverage the faster processing time of the Express Entry application intake management system.

To apply through Express Entry, candidates must meet the eligibility criteria of at least one of the federal economic programs (such as the Federal Skilled Worker Class (FSWC) or the Canadian Experience Class (CEC)) managed under Express Entry. They must create a profile and obtain sufficient points in the Comprehensive Ranking Systems (CRS) to receive an invitation to apply.

Subsection 82(1) of the Immigration and Refugee Protection Regulations (the Regulations) stipulates that an offer of employment must be for continuous work in Canada, having a duration of at least one year after the date on which a permanent resident visa is issued to qualify for arranged employment points for the FSWC. However, some physicians would not receive these points since they may not meet this requirement. This is due to the nature of the work arrangements being such that the offer of employment does not stipulate that the work will be continuous or for a period of at least one year. In some cases, this means that they may be ineligible for the program and, as a result, not able to meet minimum requirements to enter the Express Entry pool.

Many physicians in Canada are independent contractors who provide medical services which are publicly funded, including those reimbursed by provincial/territorial public health authorities under a fee-for-service or other contractual service arrangement. As a result, the employment status for these physicians is often considered self-employed.

Subsection 87.1(3) of the Regulations expressly excludes any period of self-employment when calculating a period of qualifying in-Canada work experience for the purpose of eligibility under the Canadian Experience Class (CEC). Since many physicians working in Canada are considered self-employed, the work experience they have acquired in Canada may be excluded from the calculation for the purpose of determining whether they meet the requirements of the CEC under paragraph 87.1(2)(a). This would mean that they may be ineligible for this program and, as a result, would not meet minimum requirements to enter the Express Entry pool.

The inability of many physicians to qualify under the CEC or FSWC to enter the Express Entry pool has been a longstanding issue under the Provincial Nominee Program (PNP), preventing some provinces and territories (PTs) from being able to leverage their enhanced PNP allocation to recruit physicians and fill critical vacancies. Although nominating through the PNP Base (managed outside of Express Entry) allows PTs to support permanent residence applications for individuals based on regional needs, without the requirement to qualify for one of the federal economic programs managed under Express Entry, processing times can be significantly longer. This could lead to retention challenges and obstacles in meeting regional health care needs.

Public Policy Considerations

In recognition of the unique circumstance faced by physicians who are considered self-employed, including those who receive payment under a fee-for-service model or other contractual service arrangements, this public policy provides exemptions for foreign national physicians whose medical services are reimbursed through public funds.

With these exemptions, qualifying physicians will have a greater likelihood of meeting the eligibility requirements of the FSWC and CEC, and entering the Express Entry pool. Additionally, with relevant and complementary changes to the Express Entry Ministerial Instructions, foreign national physicians will have an increased chance of receiving an Invitation to Apply for permanent residence.

As such, I hereby establish that there are sufficient public policy considerations pursuant to section 25.2 of the Immigration and Refugee Protection Act (the Act), justifying exemptions from the requirements of the Regulations listed below, when foreign nationals meet the conditions (eligibility requirements) set out in this public policy.

Conditions (eligibility requirements)

Based on public policy considerations, when processing an application for a permanent resident visa, delegated officers may grant an exemption from the provisions of the Regulations listed below if the officer is satisfied the foreign national (principal applicant) meets the following conditions:

1. The foreign national:
   1. Was invited to apply for a permanent resident visa through Express Entry on or after April 25, 2023 and made an application under section 70 of the Regulations
      1. as a member of the FSWC as described in section 75 of the Regulations; or
      2. as a member of the PNP described in section 87 of the Regulations
   2. Has an offer of employment issued by a provincial or territorial government, a government agency, a government appointed agency or a health care-providing organization to provide publicly funded medical services,
      1. as a specialist physician (NOC 3111) or general practitioner (NOC 3112) under NOC 2016; or
      2. as a specialist in clinical and laboratory medicine (NOC 31100), specialist in surgery (NOC 31101) or general practitioner and family physician (NOC 31102) under NOC 2021; or
2. The foreign national:
   1. Was invited to apply for a permanent resident visa through Express Entry on or after April 25, 2023 and made an application under section 70 of the Regulations
      1. as a member of the CEC described in section 87.1 of the Regulations; or
      2. as a member of the PNP described in section 87 of the Regulations.
   2. Has acquired in Canada, within the three years before the date on which their application for permanent residence, one year of full-time work experience, or the equivalent in part-time work experience, including work experience that was remunerated for publicly funded medical services,
      1. as a specialist physician (NOC 3111) or general practitioner (NOC 3112) under NOC 2016; or
      2. as a specialist in clinical and laboratory medicine (NOC 31100), specialist in surgery (NOC 31101) or general practitioner and family physician (NOC 31102) under NOC 2021.

Provisions of the Regulations for which an exemption, if applicable, may be granted to a foreign national who meets the requirements of 1. above:

• The requirement in subsection 82(1) of the Regulations, that the arranged employment be continuous and for a duration of at least one year after the date on which a permanent resident visa is issued.

Provisions of the Regulations for which an exemption, if applicable, may be granted to a foreign national who meets the requirements of 2. above:

• Paragraph 87.1(3)(b) of the Regulations, the requirement that any period of self-employment shall not be included in calculating a period of work experience for the purposes of subsection 87.1(2).

Other selection and admissibility requirements:

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.

Start and End date:

This temporary public policy will come into effect on April 25, 2023 and remains in effect until it is revoked by the Minister. The public policy may be revoked at any time, without prior notice. Applications submitted as a result of an invitation to apply issued pursuant to an instruction under paragraph 10.3(1)(a) of the Immigration and Refugee Protection Act, on or after the day this temporary public policy takes effect until the day it is revoked, will be processed under the public policy.