Guidelines have been released by the IRCC to help and support the immigrants from Hong Kong. The main aim is to support the residents of Hong Kong in gaining temporary or permanent residency in Canada as well as to reunite them with their families. Some eligibility conditions have also been out of place.
WHO IS ELIGIBLE?
The guidelines released by IRCC dictate that if you fulfill one of the following conditions, then you can apply for immigration or can be considered an accompanying dependant.
- You should be a resident of Hong Kong and fit the definition of the IRPR. This is not relevant to the physical location of your residence in Hong Kong, your immediate family members, or remote relatives who may be citizens of Canada.
- You can be an immediate or close member of the family of a person who is a resident of Hong Kong and will be studying in Canada or working in Canada in the near future.
- The Immigration and Refugees Protection Regulations have a very clear definition of who is eligible as Hong Kong residents or foreign nationals. You should be the holder of a passport that has been authorized by the Hong Kong Special Administrative Region (HKSAR). You can also be a BNO or British National Overseas or a person whose birthplace is Hong Kong.
A person who has an HKSAR or BNO passport can get an exemption from paying immigration and processing fees. The person must already be a temporary resident of Canada and be looking to become a worker or student in Canada.
TEMPORARY RESIDENCE
If you have an HKSAR passport, and an exemption from a visa, you can submit an application to gain your Electronic Travel Authorization. This will be necessary while entering the broader Canada. You cannot use a document that proves that you are a resident of Hong Kong to replace your HKSAR passport. This passport should also be used while applying for the ETA.
Family Reunification
IRCC has laid down guidelines that dictate that priority will be given to those applications for temporary residence requests that are from those who have close family members in Canada, putting the focus on the reunification of families. This applies a valid employment opportunity to those who have an HKSAR passport or BNO passport that is valid and they are currently living outside Canada. The person who you want to unite within Canada should be registered under the Indian Act, be one of the protected persons in Canada, or have Canadian permanent residency or citizenship. These will also be the guidelines followed for applications that have already been submitted.
Students
Processing authorities will also be giving priority to those applications that are from those who wish to gain a study permit and also have a BNO or HKSAR passport. The applicant’s current location will depend on the decision-making process
Applications that have been submitted for taking a study program in a designated learning institution will be finalized first. The institute that you are applying to should also have taken appropriate steps for COVID-19 and have these plans approved by the concerning authority in that territory or province. Even if the institute has not gained approval, your application will be processed. But the final decision will be postponed until their Covid-19 readiness plans are approved.
Workers
On 8th February 2021, the program was changed so that those persons who have an HKSAR or BNO valid passport can also be eligible to submit their application form for gaining an open work permit and a temporary resident status for 2 years. If you are submitting your application under this category, you may be staying in Canada or outside.
Those national foreign will not be able to apply for this program who do not have an HKSAR passport. The form of the application is supposed to be submitted online. A common-law partner or spouse or dependent children who are also eligible can also apply through this program for gaining a work visa or study permit.
Spouses Or Common-Law Partners And Dependent Children
If your application is approved under this program, then your common-law partner or spouse can also apply through this program and gain a work permit. A dependent child can also apply but they should be at least 18 years old or above. A minor child can also submit their application for a study permit. Their application should be submitted through a study permit program. You will have to submit the application form through an online portal.
ELIGIBILITY REQUIREMENTS FOR WORK PERMITS
Education
If you are applying for this program for post-secondary level education, then you have to have at least one of the following.
- You should have a doctorate or a degree of bachelor’s or master’s level from a DLI of post-secondary education level from Canada or its equivalent education level from outside Canada.
- You should have a diploma proving completion of your post-secondary studies from a DLI or you should have the equivalent level of education credential from an institution outside Canada. For this, you will have to acquire an Educational Credential Assessment. This should be given to you by an authority that is recognized by the IRCC and the study program should have had a 2-year duration.
These educational qualifications should have been obtained by you in the last 5 years from the day you submit your application. If your education credential is from an institution outside Canada, the immigration authorities will require an ECA.
If you wish to apply through this program for the completion of your graduation or post-graduation education, you will have to have at least one of the following.
- You should be having an education credential of graduate-level or post-graduate level from a Canadian DLI.
- If you have studied outside Canada, you should have an education qualification that is the same level as Canadian graduation. This will also require you to get an education credential assessment from an organization that has the approval of the IRCC.
Your study program should have a duration of at least one year. The program that you have completed should have been a prerequisite to the study program that you are applying for. The degree that you are submitting as your education credential must have been obtained by you 5 years before the submission of your immigration application.
Documents
If you are applying for this program to get an open work permit, you will have to use an online application tool for submission. With this, the checklist of documents needed is right in front of you. In the case that there is a demand for a document that is not required for the program, you will have to choose the not applicable option.
Mandatory documents
Listed below are documents that will be needed while applying for this program, so it is advised to gather them before you begin applying.
- You will need to scan a copy of your education degree, diploma, or credential. It should also have the transcript that proves that you enrolled in a post-secondary course as well as the name of the institute in which the degree was acquired.
- You will have to keep a copy of your BNO passport or HKSAR passport that is valid.
- You will have to fill out a family information form and submit it.
- The application will also need you to have your updated CV or resume.
- You will have to submit a digital photograph of yourself.
- You will have to submit a copy of your payment receipt in the section that demands proof of exemption from the fee.
INTERNATIONAL EXPERIENCE CANADA (IEC)
the International Experience Canada will accept the applications of the youth from Hong Kong into the pool of the program. Here are some of the requirements that the applicant will have to fulfill and without which their application can be rejected and they will not be allowed to enter Canada.
- You should have with you your letter of introduction that will be submitted at the port of entry into Canada.
- You should have an employment opportunity that is valid.
- The employer should have provided you with a written note that should specify that their business is operational.
- Entering a 14-day quarantine is subsequently mandatory.
- You will be required to submit proof that you have healthcare insurance coverage and it should be adequate.
PERMANENT RESIDENCE
If you are a close family member of a person you have Canadian citizenship, is registered under Indian Act or if you are a permanent resident of Hong Kong or have a protected status in Hong Kong, you can submit your application for permanent residence in Canada. Your application can also be given priority in some cases. However, sometimes it may be a better option to apply for an eTA or TRV, depending on your circumstances. This can be determined by your immigration consultant.
Family Class Applications
The processing of applications of those who have family classes will be given priority. These should be applications from people who are legal residents of Hong Kong.
Existing Applications
Family Class Applications that have been submitted will also be given priority under the new guidelines of IRCC. The latest guidelines and rules will be followed in making a decision.
New Applications
The IRCC guidelines dictate that even if a new application may be missing some documentation, it can be promoted for further processing due to the circumstances of Covid-19. The application will be reviewed again in 90 days by the Case Processing Centre and the Centralized Intake Office.
However, if the documentation is missing and there is no explanation given, or the reason is other than disruption in service due to Covid-19, then the application can be rejected from processing and the fee will be refunded.
