2013

Extension of Haiti Special Measures for Work Permits

Colin R. Singer
February 6, 2015

Operational Bulletin 547 – August 30, 2013

Extension of Haiti Special Measures for Work Permits

Issue

This Operational Bulletin (OB) instructs officers on the manner in which they would process applications received from Haiti nationals for work permits from within Canada.

It provides an extension to the Haiti Special Measures (HSM). The Haiti Special Measures (HSM) apply to work permits that were set to expire on September 01, 2013.

This OB also replaces OB 468, dated September 01, 2012.

Background

The process of recovery from the devastating Haiti earthquake of January 12, 2010 has been slow. Various additional challenges that keep emerging have hindered the pace of recovery further. Consequently, Haiti nationals, currently in Canada, might need to continue staying on in Canada. In this situation, they would need to obtain work permits to support themselves.

To enable Haiti nationals to support themselves, the authorities have provided an extension to the Haiti Special Measures (HSM) on Labour Market Opinion-exempt work permits. This extension is valid until March 01, 2014. Previous extensions to the Haiti Special Measures (HSM) were valid for the period from:

January 19, 2011 to September 01, 2011 (OB 264)
September 01, 2011 to September 01, 2012 (OB 345) and,
September 01, 2012 to September 01, 2013 (OB 468)

The Procedure for Processing Applications for Work Permits

The authorities have provided an extension of the Haiti Special Measures (HSM) on Labour Market Opinion-exempt work permits. This would enable Haiti nationals to support themselves. The Haiti Special Measures (HSM) would apply to:

Individuals who were issued a work permit under the previous Haiti Special Measures (HSM) and,
Haiti nationals who were legally in Canada prior to January 13, 2011 who:

Are on a temporary status and,
Are unable to support themselves

In most cases, Haiti nationals would need to submit a Labour Market Opinion (LMO) in addition to a work permit application. This would enable officers to determine whether:

The job offer is authentic and,
The employment could have a neutral or positive effect on the labour market in Canada

This is in accordance with the Immigration and Refugee Protection Regulations (IRPR). However, the Minister has approved a public policy under the Haiti Special Measures (HSM). This policy grants an exemption to Haiti nationals from requiring a Labour Market Opinion (LMO).

Under the Haiti Special Measures (HSM) guidelines, Citizenship and Immigration Canada (CIC) officers would accept applications from Haiti nationals until March 01, 2014. These applications could be for:

New work permits or,
Extension of previously issued work permits

Citizenship and Immigration Canada (CIC) officers would not issue work permits for more than six months under these measures. Additionally, they would not consider any application received after March 01, 2014 eligible for the Haiti Special Measures (HSM).

Haiti nationals who are in Canada would need to have a valid status. Only then would they be eligible for receiving a work permit under the Haiti Special Measures (HSM). Similarly, some Haiti nationals might have an expired status. Therefore, these individuals would need to make an application for restoring their status within 90 days after losing their temporary status.

Haiti nationals who have been out of status for longer than 90 days would need to:

Apply for a temporary resident permit first and,
Apply for a work permit thereafter

All applicants would need to pay the standard processing fee. This is for applications for a work permit under the Haiti Special Measures (HSM). The fee amounts to $150.

Officers would need to note that this OB becomes effective from September 01, 2013. Therefore, if officers come across applications received prior to September 01, 2013, they would need to follow the directives given in OB 468.

The Interim Federal Health Program

Haiti nationals would be eligible for health care coverage under the Interim Federal Health Program (IFHP). This is within the scope of the Haiti Special Measures (HSM). However, they would need to meet certain conditions. To be eligible for the health care coverage, they must:

Have received a new work permit or,
Have received an extension of a previous work permit and,
Not be eligible for:

Provincial health insurance or,
Territorial health insurance

The Interim Federal Health Program (IFHP) would not cover services or products that a person could claim under a private insurance plan. Instead, it covers beneficiaries if they require medical attention for:

A disease
A symptom
An injury or,
A complaint

It also covers:

Hospital services
Services provided by a doctor or a registered nurse
Services provided by a laboratory, a diagnostic facility or an ambulance and,
Medications and vaccines only when needed to:

Prevent or treat a disease that poses a risk to public health or,
Treat a condition of public safety concern

In addition, the Interim Federal Health Program (IFHP) would not include the Immigration Medical Examination.

The validity of the Interim Federal Health Program (IFHP) coverage could last until whichever of the following three conditions occurs first. Thus, Haiti nationals could enjoy the Interim Federal Health Program (IFHP) coverage (until whichever of the following conditions takes place the earliest):

Until the expiration date specified on their work permits
Until a maximum span of six months or,
Until they no longer require coverage because they have:

Become eligible for:

Provincial health insurance
Territorial health insurance or,
Private health insurance

Until they have left Canada

The Interim Federal Health Program (IFHP) coverage would also extend to the dependents of these applicants currently residing in Canada. This would include:

Spouses
Common-law partners and,
Dependent children

Officers would need to issue a notice to temporary residents. This notice would inform these residents that they are eligible for applying for the Interim Federal Health Program (IFHP) coverage. However, these temporary residents must:

Be applying for a new work permit or,
Be applying for an extension of a previous work permit

Individuals issued work permits prior to September 01, 2013 would continue to be eligible for the Interim Federal Health Program (IFHP) health care coverage. This would continue to be valid until whichever of the following conditions occurs the earliest:

The duration of the applicant’s work permit or,
One year

Officers would need to note that only applications received by March 01, 2014 would be eligible for the Interim Federal Health Program (IFHP) coverage.

Note:

Medications and vaccinations would only be covered for:

Preventing or treating a disease that could pose a risk to public health or,
Treating a condition that is a public safety concern

Steps for In-Canada Processing

Under the Haiti Special Measures (HSM), Haiti nationals applying for work permits would need to:

Write “Haiti” on the outside of the mailing envelopes of their work permit applications
Provide detailed explanations about why the applicants need a work permit for supporting themselves in Canada and,
Include this explanation along with the work permit application

Case Processing Centre – Vegreville

Temporary residents would need to maintain their temporary resident status. Therefore, they would need to do one of the following, in case their current status is about to expire:

Apply for a new work permit or,
Apply for an extension of a previous work permit

In addition, they would need to pay the associated fees along with their applications. They would not receive any waiver on the fees associated with these applications.

Individuals who have already submitted an application for extending or changing their temporary status would benefit from an implied status. However, this is applicable if they do so prior to the expiry of their current status. This would be valid until officers notify them of a decision on their application. This is in accordance with the provisions listed in R183 (5).

Special Program Coding

Officers would need to use the following code for issuing work permits under the Haiti Special Measures (HSM).