Public Policy concerning the payment of application fees for a temporary resident permit, work permit, study permit, and biometric fees for victims of human trafficking

Background and Public Policy Considerations

Due to their vulnerability, foreign national victims of human trafficking and their dependants in Canada may be exposed to financial barriers while they try to recover from the harms suffered as a result of their difficult and precarious situation, in an attempt to rebuild their lives. This public policy recognizes the impact of these financial barriers and the need for these victims to support themselves financially during their recovery, by exempting application fees related to the regularization of their status and facilitating their access to work and/or study permits, to help their integration and contribution to Canadian society.

I hereby establish that, pursuant to my authority under section 25.2 of the Immigration and Refugee Protection Act (the Act), there are sufficient public policy considerations that justify the granting of exemption from the provisions of the Immigration and Refugee Protection Regulations (the Regulations) detailed below to foreign nationals who meet the conditions (eligibility requirements) described 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:

1. The foreign national:
   1. Has submitted an application for a temporary resident permit under subsection 24(1)of the Act; and
   2. As part of the application in Part 1(a)(i), alleged that they are a victim of human trafficking in Canada.

   or

2. The foreign national:
   1. 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 human trafficking; and
   2. 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 family members 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:

1. The foreign national:
   1. Is a family member – per the definition in subsection 1(3) of the Regulations – in Canada of a foreign national who meets the criteria in Part 1(a); and
   2. Has submitted an application for a temporary resident permit under subsection 24(1) of the Act.

   or

2. The foreign national:
   1. Is a family member – per the definition in subsection 1(3) of the Regulations – in Canada of a foreign national who meets the criteria in Part 1(b)(i);
   2. Has been issued a temporary resident permit pursuant to subsection 24(1) of the Act with a validity of six months or more; and
   3. 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

1. 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.
2. 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 date

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 trafficking in persons”, signed in May 2007.