ARCHIVED – Temporary public policy for extended families of former language and cultural advisors

Background

The withdrawal of international forces from Afghanistan, which began on May 1, 2021, has created significant risks with respect to security in-country. 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.

The Government of Canada is deeply concerned that the extended family of former Language and Cultural Advisors (LCAs) are at risk. The former LCAs worked for the Department of National Defence (DND) in Afghanistan. Their work with DND for the Canadian mission in Afghanistan has put their extended family in Afghanistan at risk of being targeted by the Taliban. 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 worked with DND in Afghanistan.

Public policy considerations

In order to facilitate the reunification of former LCAs who worked with DND in Afghanistan with the members of their extended family who are outside Canada, this public policy will facilitate the issuance of permanent resident visas for these persons.

As such, 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 application package provided by 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 former Language and Cultural advisor 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 a Canadian citizen or permanent resident whose employment as a Language and Cultural Advisor in Afghanistan for the Department of National Defence between 2001 and 2021 has been confirmed by the Department of National Defence.
6. Has provided a statutory declaration, from the former Language and Cultural Advisor, described in condition 5, of their relationship to the principal applicant.
7. Has provided a statutory declaration, from the former Language and Cultural Advisor, described in condition 5, of the former Language and Cultural Advisor’s residency in Canada.
8. 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.

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.

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.

Provincial selection criteria (Quebec)

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 takes effect 40 days after my signature and may be revoked at any time. Applications under this public policy will cease to be accepted six months after it takes effect, or after applications for 380 principal applicants are accepted into processing, whichever is earlier.