Analysis of Proposed Changes Under the New Draft MIFI regulations

Reform of PEQ:

The coming into force date of the new Regulation has not yet been announced.

This new reform will considerably limit access to the Quebec Experience Program.

a) PEQ – Graduates Program

• A 12- or 24-month full-time work experience will now be required for students and graduate international students wishing to apply for permanent selection at the PEQ.
• The duration of work experience following studies will be 12 months, within the last 24 months, for holders of a doctorate, master's degree, bachelor's degree or technical college diploma. To be considered eligible, work experience must be in a category 0, A or B job, according to the National Occupational Classification (https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/find-national-occupation-code.html). The field of employment does not necessarily have to be related to the field of study.
• The duration of work experience following studies will be 24 months, within the last 36 months, for holders of a Diploma of Vocational Studies (DVS) of at least 1800 hours.
• To be considered eligible, work experience must be in a Category 0, A or B job, according to the National Occupational Classification (https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/find-national-occupation-code.html). However, it will be possible to take into consideration work experience in a Category C job if it is in the same field of employment as the applicant's field of study. In the case of a Category 0, A or B job, the field of employment does not necessarily have to be related to the field of study.

b) PEQ – Workers Program

• Temporary foreign workers will now be required to accumulate 36 months of full-time work experience in the 48 months preceding their application for permanent selection (compared to the 12 to 24 months before the new regulation came into force).
• Category C or D jobs will no longer be eligible (https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/find-national-occupation-code.html).
• To be noted that Working Holiday Permit (WHP) or Young Professionals (YP) holders, LMIA work permit holders and other work permit holders may be affected by this measure, as some types of work permits are non-renewable and/or limited to a duration of less than three years.

c) Transitional Measures

• Foreign students who are currently pursuing their studies in Québec and who will not have applied for permanent selection under the PEQ before the new regulation comes into force will not be able to benefit from a grandfathering clause. To benefit from the transitional measures, graduates will have to submit their CSQ application to the PEQ before the coming into force of the new regulation.
• For the PEQ - Workers Program, holders of a valid work permit at the time the new regulation comes into force will be able to apply for a PEQ under the old criteria. The same applies to students who have completed their program of study and obtained a post-graduation work permit.

d) French Skills

• One year following the coming into force of the new regulation, spouses will have to demonstrate a level 4 knowledge of oral French in order to be included in an application submitted under the PEQ, by providing an attestation of successful completion of a standardized test, by successfully completing three years of full-time secondary or post-secondary schooling, or by demonstrating that the applicant meets the requirements for practising a profession governed by a professional order in Québec.
• Knowledge of French can no longer be demonstrated by the attestation of successful completion of an advanced intermediate level French course offered in Québec by an educational institution, following the discovery of irregularities in obtaining this type of attestation.

e) New Processing Times

• The processing time for PEQ applications will increase from 20 days to 6 months.

Pilot Project on Recruitment of Orderlies:

• The upcoming implementation of a pilot program will make it possible to reserve up to 550 CSQs annually for the selection of orderlies.
• The text of the pilot project is not yet available.
• It should be mentioned, for information purposes, that the job of an orderly is a Category C job, according to the National Occupational Classification (NOC). As such, orderlies currently working in Quebec will no longer be able, after the coming into force of the new regulation, to apply for permanent selection in the Quebec Experience Program (PEQ).

Pilot Project on Recruitment in the Artificial Intelligence and Information Technology Industry:

• The upcoming implementation of a pilot program will make it possible to reserve up to 550 CSQs annually for the selection of immigrants working specifically in the artificial intelligence and information technology industry.
• The text of the pilot project is not yet available.