Public Policy concerning the payment of application fees for a temporary resident permit, work permit, study permit, and biometric fees for victims of family violence
Background and Public Policy Considerations
Financial vulnerability may play a role in cases of family violence. Consequently, these fee exemptions recognize the possibility that foreign national victims of family violence may lack sufficient resources to pay the temporary resident permit, biometric, study permit or, work permit processing fees.
I hereby establish that, pursuant to my authority under section 25.2 of the Immigration and Refugee Protection Act (the Act), there are public policy considerations that justify the granting of an exemption from the listed provisions of the Immigration and Refugee Protection Regulations (Regulations) to foreign nationals in situations of family violence who meet the eligibility criteria and conditions below.
Part 1 - Conditions (Eligibility Requirements) applicable to the principal applicant
Based on public policy considerations, delegated officers may grant an exemption from the provisions of the Regulations listed below to foreign nationals in Canada who meet the following conditions:
- The foreign national :
- Has submitted an application for a temporary resident permit for victims of family violence, in accordance with Ministerial Instructions given under subsection 24(3) of the Act; and
- As part of the application in Part 1(a)(i), alleged they are a victim of family violence.
or
- The foreign national:
- Has been issued a temporary resident permit pursuant to subsection 24(1) of the Act with a validity of six months or more on the basis that they were determined to be a victim of family violence; and
- Has submitted an application for a work permit under section 200 or 201 of the Regulations and/or a study permit under section 216 or 217 of the Regulations.
Part 2 - Conditions (eligibility requirements) applicable to dependent children in Canada:
Based on public policy considerations, delegated officers may grant an exemption from the provisions of the Regulations listed below to foreign nationals in Canada who meet the following conditions:
- The foreign national:
- Is a dependent child - per the definition in section 2 of the Regulations – in Canada of a foreign national who meets the criteria in Part 1(a); and
- Has submitted an application for a temporary resident permit under subsection 24(1) of the Act.
or
- The foreign national:
- Is a dependent child - per the definition in section 2 of the Regulations – in Canada of a foreign national who meets the criteria in Part 1(b)(i);
- Has been issued a temporary resident permit pursuant to subsection 24(1) of the Act with a validity of six months or more; and
- Has submitted an application for a work permit under section 200 or 201 of the Regulations and/or a study permit under section 216 or 217 of the Regulations.
Provisions of the Regulations for which an exemption, if applicable, may be granted:
- For foreign nationals who meet the conditions listed in Parts 1(a) or 2(a):
- Subsection 298(1) of the Regulations – requirement of a fee for processing an application for a temporary resident permit;
- Subsection 315.1(1) of the Regulations – requirement to pay for the provision of services in relation to the collection of biometrics information.
- For foreign nationals who meet the conditions listed in Parts 1(b) or 2(b):
- Subsection 299(1) of the Regulations – requirement of a fee for processing an application for a work permit;
- Subsection 300(1) of the Regulations – requirement of a fee for processing an application for a study permit;
- Subsection 315.1(1) of the Regulations – requirement to pay for the provision of services in relation to the collection of biometrics information.
Start and End dates
This public policy will come into effect one week after signature. Applications in processing at the time of signature shall be assessed under this policy upon its coming into force. The public policy may be revoked at any time.
At the time of coming into force , this new public policy will revoke and replace the “Public Policy concerning payment of applications fees for initial temporary resident permits and initial work permits for victims of family violence”, signed in July 2019.
The Honourable Marc Miller, P.C., M.P
Minister of Citizenship and Immigration
Dated at Ottawa, this 28 day of January, 2025
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