Temporary Public Policy for foreign nationals who are family members of Canadian citizens and permanent residents who fled violence in Haiti - Extension

Background

Country conditions in Haiti have not stabilized since violent gangs seized the capital of Port-au-Prince in March 2024. In April 2024, IRCC supported an assisted departure operation out of Haiti. As of May 23, 2024, the Temporary Public Policy For Foreign Nationals Who Are Family Members Of Canadian Citizens And Permanent Residents who Fled Violence in Haiti provided fee waivers for applications to extend authorizations to remain in Canada and for applications for TRP for persons in Canada, as well as for work and study permit applications. Waivers also extended to biometrics fees and to requirements to apply from within Canada, in addition to certain requirements to be issued an open work permit.

Given that Global Affairs Canada (GAC) concluded assisted departures on April 26, 2024, the non-collection of fees for travel documents and citizenship certificate fees for Canadian citizens and PRs in Haiti were allowed to expire on September 1, 2024. Family members who departed Haiti on or after March 1, 2024, and arrived in Canada on or before April 26, 2024  have until November 19, 2024 to apply fee-exempt for a temporary resident status-extension or to apply in-Canada for an open work permit or study permit.

It is important that these individuals are given the opportunity to apply to maintain legal status in Canada as country conditions remain critical. As such, the intent of this public policy is to continue to support foreign nationals who are family members of Canadian citizens and permanent residents who fled violence in Haiti to maintain their legal status in Canada by  providing access to apply fee-exempt for a temporary resident status-extension or to apply for an open work permit or study permit.

Therefore, I hereby establish that there are sufficient public policy considerations that justify granting, pursuant to section 25.2 of IRPA, exemptions from the requirements of the IRPR 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 the following conditions:

1. The foreign national:
   1. is the family member – per the definition of subsection 1(3) of the Regulations – of a Canadian citizen or permanent resident of Canada who left on or after March 1, 2024;
   2. left Haiti on or after March 1, 2024;
   3. arrived in Canada on or before April 26, 2024;
   4. is in Canada with valid temporary resident status; and
   5. 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 the family member – per the definition of subsection 1(3) of the Regulations – of a Canadian citizen or permanent resident of Canada who left on or after March 1, 2024;
   2. left Haiti on or after March 1, 2024;
   3. arrived in Canada on or before April 26, 2024;
   4. is in Canada with valid temporary resident status;
   5. 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
   6. has applied for a work permit under section 200 or 201 of the Regulations.
3. The foreign national:
   1. is the family member – per the definition of subsection 1(3) of the Regulations – of a Canadian citizen or permanent resident of Canada who left Haiti on or after March 1, 2024;
   2. left Haiti on or after March 1, 2024;
   3. arrived in Canada on or before April 26, 2024;
   4. is in Canada with valid temporary resident status;
   5. 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
   6. has applied for a study permit under section 216 or 217 of the Regulations.

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

For foreign nationals who meet the conditions listed in 1)

• Subsection 298(1) – the requirements to pay an application processing fee for a Temporary Resident Permit;
• Subsection 305(1) –  the requirement to pay an application processing fee for an extension of authorization to remain in Canada as a 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 requirements 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) of the Regulations – the requirements that a foreign national must meet in order to apply for a study permit after entering Canada
• Subsection 298(1) – the requirements 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.

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 temporary public policy will take effect on November 20, 2024 and will expire on November 19, 2025 at 11:59 pm ET.  This temporary public policy may be revoked at any time, without prior notice.