ARCHIVED – Temporary public policy for the issuance of permanent resident visas for families of Afghan nationals who came to Canada under previous public policies – intake cap increase

Background

The withdrawal of international forces from Afghanistan, which began on May 1, 2021, has created significant risks with respect to security in that country. The Government of Canada is deeply concerned that individuals left behind will be harmed or killed by the Taliban; in particular, extended family of individuals who worked for or assisted the Government of Canada or the Canadian Armed Forces.

While Afghan nationals who immigrated to Canada following the end of Canada’s combat mission were able to bring their family members to Canada with them, other members of extended family may have remained in Afghanistan.

Reports indicate that the Taliban are targeting not only those who worked for the Government of Canada and other allies, but also the members of their extended family. Although the extent of the threat is unclear at the moment, it is likely that these persons face an increased risk due to their relationship with those who previously assisted Canadian efforts in Afghanistan and who have left the country for Canada.

Public policy considerations

In order to facilitate the reunification of Afghan nationals who came to Canada based on their association with the Canadian Armed Forces with the members of their extended family who are outside Canada, a temporary public policy was launched in December 9, 2021 to facilitate the issuance of permanent resident visas for these persons.

As there continues to be a need for facilitation and in light of the expiry of the last public policy signed on June 23, 2022, I hereby establish that there are sufficient public policy considerations pursuant to section 25.2 of the Immigration and Refugee Protection Act (the Act), justifying an exemption from provisions of the Act and the Immigration and Refugee Protection Regulations (the Regulations), when foreign nationals meet the conditions (eligibility requirements) described below.

Part 1 - Conditions (eligibility requirements) applicable to the principal applicant:

Based on public policy considerations, when processing an application for a permanent resident visa, delegated officers may grant an exemption from the requirements of the Act and Regulations identified below when a foreign national meets the following conditions. The foreign national:

1. Is a national of Afghanistan;
2. Is outside Canada at the time of application;
3. Was in Afghanistan on or after July 22, 2021;
4. Has submitted an application for permanent residence using the forms provided by the Department in the application package for this public policy made available on the website of the Department;
5. Is a child (regardless of age), grandchild, parent, grandparent, or sibling (may include a sibling-in-law if the sibling of the individual granted permanent residence as a principal applicant under one of the public policies listed below is missing and presumed dead, or deceased and was married or in a common-law relationship with the sibling-in-law at the time of disappearance or death, and the sibling in-law is not a spouse or common-law partner of another person) of an individual who was granted permanent residence as a principal applicant under one of the following public policies:
   1. Temporary public policy concerning certain local staff in direct support of the Canadian mission in Kandahar as of October 9th, 2009; or
   2. Temporary public policy concerning certain local staff who provided direct support to the Canadian mission in Kandahar as of February 2012;
6. Has provided a statutory declaration, from an individual who was granted permanent residence as a principal applicant under one of the public policies listed in condition 5, of their relationship;
7. Holds a document enumerated at subsection 50(1) of the Regulations or, if they are unable to obtain a document enumerated at subsection 50(1), provides a document described in subsection 178(1) and 178(2) of the Regulations; and

Part 2 - Conditions (eligibility requirements) applicable to family members:

Based on public policy considerations, when processing an application for a permanent resident visa, delegated officers may grant an exemption from the requirements of the Act and Regulations identified below when a foreign national meets the following conditions:

1. Has been included as an accompanying family member in an application for a permanent resident visa by a principal applicant seeking exemptions under this public policy;
2. Meets the definition of family member in subsection 1(3) of the Regulations;
3. Holds a document enumerated at subsection 50(1) of the Regulations or if they are unable to obtain a document enumerated at subsection 50(1), provides a document described in subsection 178(1) and 178(2) of the Regulations; and
4. A delegated officer has determined that the principal applicant meets all of the above conditions (eligibility requirements) in Part 1 of this public policy.

Part 3 - Conditions (eligibility requirements) applicable to new dependents:

Based on public policy considerations, when processing an application for a permanent resident visa, delegated officers may grant an exemption from the requirements of the Act and Regulations identified below when a foreign national meets the following conditions:

1. Has been added as an accompanying family member in an application for a permanent resident visa by a principal applicant seeking exemptions under this public policy where the application remains in process;
2. Meets the definition of family member in subsection 1(3) of the Regulations and the relationship transpired after the principal applicant’s application was received by the Department;
3. Holds a document enumerated at subsection 50(1) of the Regulations or if they are unable to obtain a document enumerated at subsection 50(1), provides a document described in subsection 178(1) and 178(2) of the Regulations; and
4. A delegated officer has determined that the principal applicant meets all of the above conditions (eligibility requirements) in Part 1 of this public policy.

Provisions of the Act for which an exemption may be granted:

• Paragraph 16(2)(b) of the Act – the requirement to submit to a medical exam - only as it applies to a foreign national who is a non-accompanying family member, when processing the principal applicant’s permanent residence application pursuant to this public policy; and
• Section 39 – inadmissibility for financial reasons.

Provisions of the Regulations for which an exemption may be granted:

• Paragraph 10(1)(d) – the requirement to provide evidence of payment of the applicable fee;
• Paragraph 10(2)(c) —the requirement to indicate the class prescribed by these Regulations for which the application is made;
• Paragraph 50 (1) – the requirement to hold a passport or travel document;
• Paragraph 70(1)(a) —the requirement to apply for a permanent resident visa as a member of a class referred to in subsection 70(2) of the Regulations;
• Paragraph 70(1)(c) —the requirement to be a member of an immigration class;
• Paragraph 70(1)(d) —the requirement to meet the selection criteria and other requirements applicable to that class;
• Section 307 – the requirement to pay the application processing fee for examining circumstances under subsection 25.2(1) of the Act; and
• Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information.

Other eligibility and admissibility criteria

Foreign nationals eligible under this public policy and all family members included in the application are subject to all other applicable regulatory and legislative eligibility and admissibility requirements not otherwise exempted.

Applicants wishing to settle in Quebec cannot be issued a permanent resident visa or be granted permanent residence unless Quebec determines that they meet the applicable selection criteria of the province and issues a Certificat de sélection du Québec (Quebec Selection Certificate).

Coming into effect and expiration

This temporary public policy replaces the Updated temporary public policy for the issuance of permanent resident visas for families of Afghan nationals who came to Canada under previous public policies signed on June 23, 2022.

This temporary public policy takes effect upon my signature and may be revoked at any time. Applications will cease to be accepted under this public policy once applications for 6,100 (principal applicants and family members described in Part 2) are accepted into processing.

Applications received under the Temporary public policy for the issuance of permanent resident visas for families of Afghan nationals who came to Canada under previous public policies signed on October 25, 2021, the Updated temporary public policy for the issuance of permanent resident visas for families of Afghan nationals who came to Canada under previous public policies signed on March 16, 2022, and the Updated temporary public policy for the issuance of permanent resident visas for families of Afghan nationals who came to Canada under previous public policies signed on June 23, 2022, and that are pending at the time of the signature of this temporary public policy, will be processed under this temporary public policy.