Introduction

In an effort to address the challenges faced by foreign national physicians seeking permanent residency in Canada, a temporary public policy has been implemented. This policy aims to provide exemptions for physicians who provide publicly funded medical services and encounter difficulties meeting the requirements of Canada’s federal economic immigration programs. By creating a pathway for these physicians to qualify for permanent residency, the policy intends to streamline the immigration process and meet the pressing healthcare needs of various provinces and territories.

Background

Foreign national physicians with the necessary qualifications can typically apply for permanent residency in Canada through the federal economic immigration programs, such as the Federal Skilled Worker Class (FSWC) and the Canadian Experience Class (CEC), managed under the Express Entry system. However, some physicians face obstacles in meeting program requirements due to the structure of their work arrangements, which may not align with the continuous employment duration stipulated by the regulations. Additionally, many physicians are considered self-employed due to their status as independent contractors providing medical services funded by provincial/territorial public health authorities.

Challenges Faced by Physicians

The current immigration regulations create challenges for physicians in two key areas:

1. Continuous Employment Requirement: Subsection 82(1) of the Immigration and Refugee Protection Regulations states that an offer of employment must be continuous and last for at least one year after the issuance of a permanent resident visa to qualify for arranged employment points. However, some physicians’ work arrangements do not explicitly guarantee continuous employment for the required duration, leading to their ineligibility for the federal economic programs and exclusion from the Express Entry pool.
2. Self-Employment Exclusion: Subsection 87.1(3) of the Regulations excludes periods of self-employment when calculating the qualifying in-Canada work experience for the Canadian Experience Class. Since many physicians in Canada are considered self-employed, their work experience may be disregarded when determining eligibility for the CEC. Consequently, they may not meet the minimum requirements to enter the Express Entry pool.

Public Policy Considerations

To address the unique circumstances faced by physicians providing publicly funded medical services, a temporary public policy has been established. This policy aims to grant exemptions from certain regulations when physicians meet specific conditions, ultimately increasing their chances of qualifying for the FSWC and CEC and receiving an Invitation to Apply for permanent residency.

Conditions for Eligibility

The following conditions must be met for physicians to be eligible under the temporary public policy:

1. For FSWC or PNP Applicants:

• The physician must have been invited to apply for a permanent resident visa through Express Entry on or after April 25, 2023.
• They must have an offer of employment from a provincial or territorial government, a government agency, a government-appointed agency, or a healthcare-providing organization to provide publicly funded medical services as a specialist physician or general practitioner.
• The work must fall under the corresponding National Occupational Classification (NOC) codes.

2. For CEC or PNP Applicants:

• The physician must have been invited to apply for a permanent resident visa through Express Entry on or after April 25, 2023.
• They must have acquired at least one year of full-time work experience, or its part-time equivalent, within the three years preceding their application for permanent residence.
• The work experience must include remunerated services for publicly funded medical services and fall under the corresponding NOC codes.

Exemptions Granted by the Temporary Public Policy

Physicians who meet the above eligibility requirements may be exempt from the following provisions:

1. Continuous Employment Requirement: Subsection 82(1) of the Regulations, which requires continuous employment lasting at least one year after the issuance of a permanent resident visa.
2. Self-Employment Exclusion: Paragraph 87.1(3)(b) of the Regulations, which excludes periods of self-employment from the calculation of work experience for the purposes of subsection 87.1(2).

Additional Requirements and Revocation

Physicians eligible under this temporary public policy must comply with all other legislative, regulatory, admissibility, and selection requirements not exempted by this or any other public policy. The temporary public policy will take effect on April 25, 2023, and will remain in effect until it is revoked by the Minister. Applications submitted under this policy will be processed accordingly during the specified period.

Conclusion

The temporary public policy to facilitate the issuance of permanent resident visas for physicians providing publicly funded medical services in Canada acknowledges the unique challenges faced by these professionals. By granting exemptions from certain requirements, this policy streamlines the immigration process, enabling physicians to qualify for permanent residency and fulfill critical vacancies in various provinces and territories. The policy aims to address retention challenges, meet regional healthcare needs, and promote a more efficient immigration system for qualified physicians.

source: canada cic

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