Holthe Immigration Law | The new EMPP: why Canadian employers and skilled refugees or displaced persons abroad should take note

What is the new Economic Mobility Pathways Pilot (EMPP)?

The EMPP allows skilled refugees or displaced persons who are living outside of Canada to apply directly for Permanent Residence in Canada and IRCC should finalize applications within 6 months. The EMPP makes it easier for people to qualify for PR even if they don’t fit the requirements of other economic programs like Express Entry. Certain IRCC application fees are waived, the cost of immigration medical exams is covered, it allows applicants to access a loan program and it provides assistance through trusted partner organizations who help connect Canadian employers with skilled refugees. It is a pilot program launched June 12, 2023 and it expires June 12, 2025.

What is the difference between the Regional EMPP and the Federal EMPP?

Regional EMPP:

Applicants can apply for the Regional EMPP if they meet the requirements of an existing economic program under either:

·       The Atlantic Immigration Program (AIP),

·       Certain Provincial Nominee Programs (PNPs) – right now the Alberta Advantage Immigration Program (AAIP) Rural Renewal Stream, OINP and NLPNP, or

·       The Rural and Northern Immigration Program (RNIP).

(Regional EMPP will be a longer process with more requirements because you first need to satisfy the Regional program requirements before you could be eligible for EMPP processing.)

Federal EMPP:

Recognized refugees or displaced persons abroad could apply directly to the Federal EMPP if they meet the eligibility requirements for one of the following:

·       Job Offer Stream A [no cap on the number of applicants; Canadian Employers must complete IMM 0197 but there is no wage requirement and no proof of recruitment required], or

·       No Job Offer Stream B [be careful – there is a cap of 150 applications per year and the cap will reset yearly; more rigorous requirements for education, work experience, language levels, etc. ].

How to qualify for the Federal EMPP, Job offer stream?

·       Be a recognized refugee or displaced person (RSD from the UN Refugee Agency or proof of registration as a person for concern, or refugee certificate or registration as a person of concern from          UNRWA, or temporary protected status and completed durable solution form IMM 0195 or a referral letter from one of the trusted partners);

·       Have a job offer from a Canadian Employer with a CRA business number who offers full-time (at least 30 hours/week) of work in any TEER 0,1 ,2 ,3, 4, or 5 occupation;

·       Prove 1 year of full-time paid work experience in any TEER during any period of time and can include self-employment;

·       Prove education (but no ECA required) depending on your TEER job offer;

·       Have language test results that are less than 2 years old showing all four scores at CLB 5 for TEER 0, 1, 2, 3 or CLB 4 for TEER 4 or 5 level jobs; and

·       Apply through the IRCC PR Portal online and complete the mandatory forms and upload supporting documents.

Why Canadian Employers should participate in the Federal EMPP Job Offer Stream?

Canadian employers who are searching for workers in any TEER and who do not want to have to go through the LMIA process or the International Mobility Program (IMP) to help their employees get employer-specific work permits can instead use the Federal EMPP Job Offer stream to help skilled refugees outside of Canada become Permanent Residents. The Federal EMPP can be used as another way for Canadian Employers to attract and hopefully retain employees. People who settle under the Federal EMPP arrive as full Canadian Permanent Residents, meaning that they do not need work permits and they are not beholden to any one employer and they have mobility rights under the Charter.

The advantage to the Canadian Employer is that the trusted partner organizations (TalentLift, Talent Beyond Boundaries, Jumpstart Refugee Talent, RefugePoint, HIAS, FOCUS Humanitarian Assistance, International Rescue Committee, World University Service of Canada) effectively act like free recruiting agencies to help match talented refugees abroad with Canadian Employers. Canadian Employers should consider registering with trusted partner organizations to be potentially matched with talented people outside Canada.

In addition, Canadian Employers do not have to prove recruitment activities and do not have to provide median wages like they do under the TFWP or the IMP or under many PNPs. Employers must complete a relatively straightforward Offer of Employment to a Foreign National form IMM 0197 and declare they have an active business, comply with employment laws, and are going to provide the foreign national with employment in the same occupation, wage and working conditions as specified in their offer, and will make reasonable efforts to provide a workplace free of abuse.

Need help?

If you are a recognized refugee or displaced person outside Canada and you think you qualify for the EMPP but need advice or assistance or if you are a Canadian Employer trying to find talented workers and need immigration business advice, we can help. Please book a consult and we would be pleased to assist.