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Exemptions for Foreign Physicians Will Allow Them to Apply for PR through Express Entry

Posted on 04/05/2023

Are you a physician who’s a foreign national and interested in moving to Canada to work? Or are you a physician who is in Canada working on a  temporary basis and looking for a way to obtain permanent residence in the country?

IRCC has recently announced a series of exemptions from key Express Entry requirements that have previously disqualified foreign physicians from applying through Express Entry.

The goal of these exemptions is to increase the likelihood of foreign physicians being eligible for the Federal Skilled Worker Class (FSWC), Canadian Experience Class (CEC), or a Provincial Nominee Program (PNP) in Express Entry. This means foreign physicians will be more likely to receive an Invitation to Apply (ITA) for permanent residence in Canada.

Here’s how it will work.

I: If on or after April 25, 2023, you applied for a PR visa through Express Entry under FSWC or under a Provincial Nominee Program (PNP) for the following National Occupational Classification (NOC) occupations:

  • NOC 3111 – Specialist Physician (NOC 2016)
  • NOC 3112 – General Practitioner (NOC 2016)
  • NOC 31100 – Specialist Clinical/Laboratory Medicine (NOC 2021)
  • NOC 31101 – Specialist in Surgery (NOC 2021)
  • NOC 31102 – General Practitioner/Family Physician (NOC 2021)

An exemption may be granted to the requirement that your employment must be continuous and for at least 1 year in duration (Section 82(1) of IRPR: Immigration & Refugee Protection Regulations).

OR …

II: If on or after April 25, 2023, you applied for a PR visa through Express Entry under CEC or under a Provincial Nominee Program (PNP) and have acquired in Canada within the past 3 years, experience working in the following NOC occupations:

  • NOC 3111 – Specialist Physician (NOC 2016)
  • NOC 3112 – General Practitioner (NOC 2016)
  • NOC 31100 – Specialist Clinical/Laboratory Medicine (NOC 2021)
  • NOC 31101 – Specialist in Surgery (NOC 2021)
  • NOC 31102 – General Practitioner/Family Physician (NOC 2021)

An exemption may be granted to the requirement that your work experience cannot involve self-employment (87.1(3)(b) of IRPR).

This is because many physicians in Canada work as independent contractors providing medical services which are publicly funded. The nature of the work may often not be continuous, in contrast the way a salaried job at a company generally is. In other words, physicians are both self-employed (although paid from public funds) and may not always work continuously.

As a result, foreign physicians have often been unable to qualify for Express Entry’s FSWC and CEC classes even with a provincial nomination. The above exemptions will now provide them with the opportunity to apply through the Express Entry portal and if they meet the remaining requirements of FSWC, CEC, or PNP, they will receive an invitation to apply (ITA) for permanent residence in Canada.

Posted in News Tips and tagged Physicians and doctors apply for PR through EE

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