Archived - Temporary public policy for Haitian nationals in Canada as temporary residents

Background

Throughout the weekend of March 1-4, 2024, heavily armed gangs launched a series of attacks aiming to seize control of key infrastructure in Haiti including police stations, prisons, ports and airports in an effort to force the resignation of Prime Minister Ariel Henry. The gangs were successful in overwhelming police forces guarding the National Penitentiary, freeing approximately 4,000 convicts in the process. They have also laid siege to Haiti’s main international airport effectively sealing off all flights into and out of the country. On March 12, Prime Minister Henry tendered his resignation and called for a transitional government to take over day-to-day governance of the country until such time as a new government could be formed.

Many Haitian nationals have chosen to come to Canada to visit or spend time with family, study, or work temporarily. In light of the sustained violence and disorder in Haiti, some of these temporary residents may be unable to safely return home.

Public policy considerations

This temporary public policy intends to facilitate access to education systems and the Canadian labour market for eligible foreign nationals who are in Canada under a temporary status by enabling them to apply for fee-exempt study permits and/or open work permits in Canada and thereby move between temporary resident streams. Foreign nationals here as visitors may also apply for fee-exempt status extensions. The intention of these measures is to ensure that these temporary residents are better able to support themselves in Canada while the crisis in Haiti is ongoing. This public policy also recognizes that some foreign nationals in Haiti with existing applications for permanent residence may have lost their passports in the chaotic violence that has struck their country, travel document requirements are also being waived for this cohort in certain circumstances.

Therefore, I hereby establish that there are sufficient public policy considerations that justify the granting, pursuant to section 25.2 of the Immigration and Refugee Protection Act, of exemptions from the requirements of the Immigration and Refugee Protection Regulations (Regulations) listed below to foreign nationals who meet the conditions set out below.

Conditions (eligibility requirements):

Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Regulations identified below when a foreign national meets one of the following conditions:

1. The foreign national
   1. is a national of Haiti in Canada with valid temporary resident status; and
   2. has applied for
      1. an extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations, or
      2. a temporary resident permit.
2. The foreign national
   1. is a national of Haiti in Canada with valid temporary resident status;
   2. has applied for
      1. an extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations, or
      2. a temporary resident permit; and
   3. has applied for a work permit under section 200 or 201 of the Regulations.
3. The foreign national
   1. is a national of Haiti in Canada with valid temporary resident status;
   2. has applied for
      1. an extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations, or
      2. a temporary resident permit; and
   3. has applied for a study permit under section 216 or 217 of the Regulations.
4. The foreign national
   1. is a national of Haiti;
   2. is ready to be approved for a permanent resident visa to come to Canada, but is unable to obtain a prescribed passport or travel document as described in section 50(1) of the Regulations; and
   3. is outside of Canada.

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

For foreign nationals who meet the conditions listed in 1)

• Subsection 298(1) – the requirement to pay an application processing fee for a temporary resident permit;
• Subsection 305(1) – the requirements to pay an application processing fee for an extension of authorization to remain in Canada as temporary resident;
• Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information.

For foreign nationals who meet the conditions listed in 2)

• Paragraphs 199(a)-(i)– the requirements that a foreign national must meet in order to apply for a work permit after entering Canada;
• Paragraph 200(1)(c)– the requirement to be described under this paragraph of the Regulations
• Subsection 298(1) – the requirement to pay an application processing fee for a temporary resident permit;
• Subsection 299(1) – the requirements to pay an application processing fee for a work permit;
• Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information.

For foreign nationals who meet the conditions listed in 3)

• Section 213– the requirement to apply for a study permit before entering Canada;
• Paragraphs 215(1)(a)-(g)– the requirements that a foreign national must meet in order to apply for a study permit after entering Canada
• Subsection 298(1) – the requirement to pay an application processing fee for a temporary resident permit;
• Subsection 300(1) – the requirements to pay an application processing fee for a study permit;
• Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information.

For foreign nationals who meet condition 4)

• Subsection 50(1) – the requirement to hold a passport or travel document.

Other Admissibility and Selection Criteria

Foreign nationals eligible under this public policy are subject to all other legislative obligations and admissibility and selection requirements not exempted under this, or another, public policy.

Effective Date and Expiration

This public policy comes into effect on May 23, 2024.

Applications received pursuant to this public policy on or after the coming into effect date and before the expiry date, or the revocation of the public policy will be processed under this public policy.

This public policy will expire November 19, 2024, and may be revoked at any time without prior notice.