Temporary public policy to exempt certain Indigenous persons and their family members from temporary residence requirements

Background

The introduction of international borders has had profound impacts on First Nations, Inuit, and Métis communities, with ripple effects across many aspects of their lives – familial connections, governance, traditional practices, language preservation, kinship, cultural ties, and economic opportunities.

Concerns with respect to Indigenous mobility across Canada’s international borders with the United States (U.S.) and Greenland (Denmark), and the right to remain in Canada, have long been expressed by Indigenous peoples. Discussions at varying levels gained momentum with the Royal Assent of the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA) in 2021, and the subsequent release of the UNDA Action Plan in June 2023. This Action Plan provides a roadmap of actions Canada needs to take in consultation and cooperation with Indigenous peoples to implement the principles and rights set out in the UN Declaration and to further advance reconciliation in a tangible way.

Among the UNDA Action Plan’s 181 measures, Action Plan Measure 52 of the Shared Priorities Chapter (APM SP52) committed the Government of Canada to pursuing:

• legislative amendments to the Immigration and Refugee Protection Act (the Act);
• amendments to the Immigration and Refugee Protection Regulations (the Regulations); and
• revisions to policies in order to address complex border crossing and migration challenges faced by Indigenous peoples divided by international borders.

The legislative framework in the Act presents a number of challenges for Indigenous persons from the United States and Greenland to enter and remain, work or study in Canada. Among the challenges is a framework that results in Indigenous persons who are not Canadian citizens nor permanent residents being defined as foreign nationals. Changing this terminology is a crucial aspect of the work underway to develop and implement a more permanent solution to the challenges associated with Indigenous border crossing in Canada. In the interim, while this important work is ongoing, and for the purpose of this public policy, the term “Indigenous person” is defined as a foreign national who meets the criteria set out in Annex A. In some instances, “foreign national” must still be used to ensure the necessary exemptions can be applied to effect these measures under the current Act.

Public policy considerations

While Immigration, Refugees and Citizenship Canada (the Department) and the Canada Border Services Agency work to implement the APM SP52 concerning legislative amendments, this public policy seeks to provide interim assistance in reducing the current hardships and mobility challenges faced by families divided by Canada’s borders by waiving certain eligibility and admissibility requirements.

Specifically, it will facilitate the issuance of open work permits and study permits and the ability to obtain, renew or restore temporary resident status to certain Indigenous persons (as set out in Annex A) as well as their family members, based on the Indigenous person’s relationship to a Canadian citizen, permanent resident or a person registered under the Indian Act. This aims to strengthen social and cultural ties between families separated by the border, and will facilitate access to legal employment so these individuals can support themselves and their family members in Canada.

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

Conditions (eligibility requirements):

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

Part 1 - Conditions (eligibility requirements) applicable to Indigenous persons applying for a work permit before entry to Canada

The Indigenous person:

1. Is an individual described in Annex A of this public policy;
2. Is the spouse, common-law partner, child (any age), step-child, daughter-in-law, son-in-law, grandchild, great-grandchild, parent, step-parent, parent-in-law, grandparent, great grandparent, sibling, step-sibling, aunt, uncle, niece or nephew of a person who resides in Canada and is a Canadian Citizen, permanent resident or a person registered under the Indian Act;
3. Has before entry to Canada submitted an application for a work permit under section 200 of Regulations or a work permit renewal under subsection 201(1) of the Regulations, where the duration of the work permit requested is for a maximum of three years; and
4. Has submitted the application referred to in iii. using the application form provided by the Department for the purpose of requesting facilitation under this public policy.

Part 2 - Conditions (eligibility requirements) applicable to Indigenous persons applying for a study permit before entry to Canada

The Indigenous person:

1. Is an individual described in Annex A of this public policy;
2. Is the spouse, common-law partner, child, step-child, daughter-in-law, son-in-law, grandchild, great-grandchild, parent, step-parent, parent-in-law, grandparent, great grandparent, sibling, step-sibling, aunt, uncle, niece or nephew of a person who resides in Canada and is a Canadian Citizen, permanent resident or a person registered under the Indian Act;
3. Has before entry to Canada, submitted an application for a study permit under section 216 of the Regulations or a study permit renewal under subsection 217(1) of the Regulations; and
4. Has submitted the application referred to in iii. Using the application form provided by the Department for the purpose of requesting facilitation under this public policy.

Part 3 – Conditions (eligibility requirements) applicable to Indigenous persons seeking to enter Canada at a Port of Entry as a worker or student

The Indigenous person:

1. Is an individual described in Annex A of this public policy;
2. Is the spouse, common-law partner, child, step-child, daughter-in-law, son-in-law, grandchild, great-grandchild, parent, step-parent, parent-in-law, grandparent, great grandparent, sibling, step-sibling, aunt, uncle, niece or nephew of a person who resides in Canada and is a Canadian Citizen, permanent resident or a person registered under the Indian Act;
3. Has been approved for a work permit under section 200 of the Regulations, or a study permit under section 216 of the Regulations, following facilitation under Part 1 or 2 of this Public Policy; and
4. Is seeking to enter Canada as a worker or student.

Part 4 – Conditions (eligibility requirements) applicable to Indigenous persons applying for a work permit or renewal of a work permit in Canada.

The Indigenous person:

1. Is an individual described in Annex A of this public policy;
2. Is the spouse, common-law partner, child, step-child, daughter-in-law, son-in-law, grandchild, great-grandchild, parent, step-parent, parent-in-law, grandparent, great grandparent, sibling, step-sibling, aunt, uncle, niece or nephew of a person who resides in Canada and is a Canadian Citizen, permanent resident or a person registered under the Indian Act;
3. Has submitted an application in Canada for:
   1. a work permit under section 200 of Regulations, where the duration of the work permit requested is for a maximum of three years; or
   2. a work permit renewal under subsection 201(1) of the Regulations, where the duration of the work permit requested is for a maximum of three years; and
4. Has submitted the application referred to in iii. using the application form provided by the Department for the purposes of requesting facilitation under this public policy.

Part 5 – Conditions (eligibility requirements) applicable to Indigenous persons applying for a study permit or renewal of a study permit in Canada.

The Indigenous person:

1. Is an individual described in Annex A of this public policy;
2. Is the spouse, common-law partner, child, step-child, daughter-in-law, son-in-law, grandchild, great-grandchild, parent, step-parent, parent-in-law, grandparent, great grandparent, sibling, step-sibling, aunt, uncle, niece or nephew of a person who resides in Canada and is a Canadian Citizen, permanent resident or a person registered under the Indian Act;
3. Has submitted an application in Canada for:
   1. a study permit under section 216 of the Regulations; or
   2. a renewal of their study permit under subsection 217(1) of the Regulations; and
4. Has submitted the application referred to in iii. using the application form provided by the Department for the purpose of requesting facilitation under this public policy.

Part 6 – Conditions (eligibility requirements) applicable to Indigenous persons applying for an extension or restoration of temporary resident status in Canada

The Indigenous person:

1. Is an individual described in Annex A of this public policy;
2. Is the spouse, common-law partner, child, step-child, daughter-in-law, son-in-law, grandchild, great-grandchild, parent, step-parent, parent-in-law, grandparent, great grandparent, sibling, step-sibling, aunt, uncle, niece or nephew of a person who resides in Canada and is a Canadian Citizen, permanent resident or a person registered under the Indian Act;
3. Has applied in Canada for:
   1. an extension of temporary resident status under subsection 181(1) of the Regulations; or
   2. restoration of temporary resident status, under subsection 182(1) of the Regulations; and
4. Has submitted the application referred to in iii. using the application form provided by the Department for the purpose of requesting facilitation under this public policy.

Part 7 - Conditions (eligibility requirements) applicable to family members of an Indigenous person before entry to Canada

The foreign national:

1. Is a family member as per the definition in subsection 1(3) of the Regulations of an Indigenous person who meets the conditions in Parts 1, 2, 3, 4, 5, or 6, as applicable; and
2. Has before entry to Canada submitted an application for a:
   1. temporary resident visa under section 179 of the Regulations;
   2. work permit under section 200 of Regulations where the duration of the work permit requested is for a maximum of three years;
   3. work permit renewal under subsection 201(1) of the Regulations, where the duration of the work permit requested is for a maximum of three years;
   4. study permit under section 216 of the Regulations; or
   5. study permit renewal under subsection 217(1) of the Regulations; and
3. Has submitted the application referred to in ii. using the application form provided by the Department for the purpose of requesting facilitation under this public policy.

Part 8 - Conditions (eligibility requirements) applicable to foreign nationals (family members) seeking to enter Canada at a Port of Entry

The foreign national:

1. Is a family member as per the definition in subsection 1(3) of the Regulations of an Indigenous person who meets the conditions in Parts 1, 2, 3, 4, 5, or 6, as applicable; and
2. Is seeking to enter Canada:
   1. as a worker or student after being approved for a work permit under section 200 of the Regulations, or a study permit under section 216 of the Regulations, following facilitation under Part 7 of this Public Policy; or
   2. as a visitor.

Part 9 - Conditions (eligibility requirements) applicable to foreign nationals (family members) in Canada

The foreign national:

1. Is a family member as per the definition in subsection 1(3) of the Regulations of an Indigenous person who meets the conditions in Parts 1, 2, 3, 4, 5, or 6, as applicable; and
2. Has submitted an application in Canada for:
   1. a work permit under section 200 of Regulations where the duration of the work permit requested is for a maximum of three years; or
   2. a work permit renewal under subsection 201(1) of the Regulations, where the duration of the work permit requested is for a maximum of three years; or
   3. a study permit under section 216 of the Regulations; or
   4. a renewal of a study permit under subsection 217(1) of the Regulations; or
   5. an extension of temporary resident status, under subsection 181(1) of the Regulations; or
   6. restoration of temporary resident status, under subsection 182(1) of the Regulations, if applicable; and
3. Has submitted the application referred to in ii. using the application form provided by the Department for the purpose of requesting facilitation under this public policy.

Exemptions

Provisions of the Act and Regulations for which an exemption, if applicable, may be granted to Indigenous persons who meet the conditions in Part 1 above:

• Paragraph 16(2)(b) of the Act – the requirement for foreign nationals, subject to the Regulations, to submit to a medical examination;
• Subsection 22(2) of the Act – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 38 of the Act – the requirement for a foreign national not to be inadmissible on health grounds;
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• Paragraph 40(1)(a) of the Act – the requirement for a foreign national not to be inadmissible for misrepresentation related to their entry to Canada, overstaying their temporary resident status and working or studying without authorization;
• Paragraph 41(a) of the Act – the requirement for a foreign national not to be inadmissible for non-compliance;
• Subsection 52(1) of the Act – the requirement to seek authorization to return to Canada if a removal order has been enforced;
• Paragraph 200(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay under Division 2 (work permit issuance);
• Paragraph 200(1)(c) of the Regulations – the requirement to be described under this paragraph of the Regulations;
• Paragraph 200(3)(e) of the Regulations – the requirement that a work permit not be issued to a foreign national who has engaged in unauthorized study or work in Canada or has failed to comply with a condition of a previous permit or authorization;
• Section 243 of the Regulations – the requirement to reimburse removal costs incurred by Her Majesty in right of Canada prior to returning to Canada.

Provisions of the Act and Regulations for which an exemption, if applicable, may be granted to Indigenous persons who meet the conditions in Part 2 above:

• Paragraph 16(2)(b) of the Act – the requirement for foreign nationals, subject to the Regulations, to submit to a medical examination;
• Subsection 22(2) of the Act – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 38 of the Act – the requirement for a foreign national not to be inadmissible on health grounds;
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• Paragraph 40(1)(a) of the Act – the requirement for a foreign national not to be inadmissible for misrepresentation related to their entry to Canada, overstaying their temporary resident status and working or studying without authorization;
• Paragraph 41(a) of the Act – the requirement for a foreign national not to be inadmissible for non-compliance;
• Subsection 52(1) of the Act – the requirement to seek authorization to return to Canada if a removal order has been enforced;
• Paragraph 216(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay under Division 2 (study permit issuance);
• Paragraph 216(1)(c) – the requirement for a foreign national to meet the requirements of this part;
• Section 220 of the Regulations – the requirement to have sufficient and available financial resources without working in Canada (studying in Canada);
• Section 243 of the Regulations – the requirement to reimburse removal costs incurred by Her Majesty in right of Canada prior to returning to Canada.

Provisions of the Act and Regulations for which an exemption, if applicable, may be granted to Indigenous persons who meet the conditions in Part 3 above:

• Paragraph 16(2)(b) of the Act – the requirement for foreign nationals, subject to the Regulations, to submit to a medical examination;
• Paragraph 20(1)(b) of the Act – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (obligation on entry);
• Subsection 22(2) of the Act – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 38 of the Act – the requirement for a foreign national not to be inadmissible on health grounds;
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• Paragraph 40(1)(a) of the Act – the requirement for a foreign national not to be inadmissible for misrepresentation related to their entry to Canada, overstaying their temporary resident status and working or studying without authorization;
• Paragraph 41(a) of the Act – the requirement for a foreign national not to be inadmissible for non-compliance;
• Subsection 52(1) of the Act – the requirement to seek authorization to return to Canada if a removal order has been enforced;
• Section 243 of the Regulations – the requirement to reimburse removal costs incurred by Her Majesty in right of Canada prior to returning to Canada.

Provisions of the Act and Regulations for which an exemption, if applicable, may be granted to Indigenous persons who meet the conditions in Part 4 above:

• Paragraph 16(2)(b) of the Act – the requirement for foreign nationals, subject to the Regulations, to submit to a medical examination;
• Subsection 22(2) of the Act – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 38 of the Act – the requirement for a foreign national not to be inadmissible on health grounds;
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• Paragraph 40(1)(a) of the Act – the requirement for a foreign national not to be inadmissible for misrepresentation related to their entry to Canada, overstaying their temporary resident status and working or studying without authorization;
• Paragraph 41(a) of the Act – the requirement for a foreign national not to be inadmissible for non-compliance;
• Subsection 52(1) of the Act – the requirement to seek authorization to return to Canada if a removal order has been enforced;
• Section 9.2 of the Regulations – the requirement to make an application by electronic means;
• Subsection 181(2) of the Regulations – the requirement to continue to meet the requirements of section 179 in order to extend temporary resident status;
• Section 182 of the Regulations – the requirements that a foreign national must meet in order to restore temporary resident status;
• Paragraphs 199(a) to (i) of the Regulations – the requirements that a foreign national must meet in order to apply for a work permit after entering Canada;
• Paragraph 200(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay under Division 2 (work permit issuance);
• Paragraph 200(1)(c) of the Regulations – the requirement to be described under this paragraph of the Regulations;
• Paragraph 200(3)(e) of the Regulations – the requirement that a work permit not be issued to a foreign national who has engaged in unauthorized study or work in Canada or has failed to comply with a condition of a previous permit or authorization;
• Paragraph 201(b) of the Regulations – the requirement for a renewal applicant to have complied with all conditions imposed on their entry into Canada.

Provisions of the Act and Regulations for which an exemption, if applicable, may be granted to Indigenous persons who meet the conditions in Part 5 above:

• Paragraph 16(2)(b) of the Act – the requirement for foreign nationals, subject to the Regulations, to submit to a medical examination;
• Subsection 22(2) of the Act – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 38 of the Act – the requirement for a foreign national not to be inadmissible on health grounds;
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• Paragraph 40(1)(a) of the Act – the requirement for a foreign national not to be inadmissible for misrepresentation related to their entry to Canada, overstaying their temporary resident status and working or studying without authorization;
• Paragraph 41(a) of the Act – the requirement for a foreign national not to be inadmissible for non-compliance;
• Section 9.2 of the Regulations – the requirement to make an application by electronic means;
• Subsection 181(2) of the Regulations – the requirement to continue to meet the requirements of section 179 in order to extend temporary resident status;
• Section 182 of the Regulations – the requirements that a foreign national must meet in order to restore temporary resident status;
• Section 213 of the Regulations – the requirement to apply for a study permit before entering Canada;
• Paragraphs 215(1)(a) to (g) of the Regulations – the requirements that a foreign national must meet in order to apply for a study permit after entering Canada;
• Paragraph 216(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay under Division 2 (study permit issuance);
• Paragraph 216(1)(c) – the requirement for a foreign national to meet the requirements of this part;
• Section 220 of the Regulations – the requirement to have sufficient and available financial resources without working in Canada (studying in Canada).

Provisions of the Act and Regulations for which an exemption, if applicable, may be granted to Indigenous persons who meet the conditions in Part 6 above:

• Paragraph 16(2)(b) of the Act – the requirement for foreign nationals, subject to the Regulations, to submit to a medical examination;
• Subsection 22(2) of the Act – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 38 of the Act – the requirement for a foreign national not to be inadmissible on health grounds;
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• Paragraph 40(1)(a) of the Act – the requirement for a foreign national not to be inadmissible for misrepresentation related to their entry to Canada, overstaying their temporary resident status and working or studying without authorization;
• Paragraph 41(a) of the Act – the requirement for a foreign national not to be inadmissible for non-compliance;
• Section 9.2 of the Regulations – the requirement to make an application by electronic means;
• Subsection 181(2) of the Regulations – the requirement to continue to meet the requirements of section 179 in order to extend temporary resident status;
• Section 182 of the Regulations – the requirements that a foreign national must meet in order to restore temporary resident status.

Provisions of the Act and Regulations for which an exemption, if applicable, may be granted to foreign nationals who meet the conditions in Part 7 above:

• Paragraph 16(2)(b) of the Act – the requirement for foreign nationals, subject to the Regulations, to submit to a medical examination;
• Subsection 22(2) of the Act – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 38 of the Act – the requirement for a foreign national not to be inadmissible on health grounds;
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• Paragraph 40(1)(a) of the Act – the requirement for a foreign national not to be inadmissible for misrepresentation related to their entry to Canada, overstaying their temporary resident status and working or studying without authorization;
• Paragraph 41(a) of the Act – the requirement for a foreign national not to be inadmissible for non-compliance;
• Subsection 52(1) of the Act – the requirement to seek authorization to return to Canada if a removal order has been enforced;
• Paragraphs 179(b), (d) and (f) of the Regulations – the requirement to be described under these paragraphs of the Regulations;
• Paragraph 200(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay under Division 2 (work permit issuance);
• Paragraph 200(1)(c) of the Regulations – the requirement to be described under this paragraph of the Regulations;
• Paragraph 200(3)(e) of the Regulations – the requirement that a work permit not be issued to a foreign national who has engaged in unauthorized study or work in Canada or has failed to comply with a condition of a previous permit or authorization;
• Paragraph 216(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay under Division 2 (study permit issuance);
• Paragraph 216(1)(c) – the requirement for a foreign national to meet the requirements of this part;
• Section 220 of the Regulations – the requirement to have sufficient and available financial resources without working in Canada (studying in Canada);
• Section 243 of the Regulations – the requirement to reimburse removal costs incurred by Her Majesty in right of Canada prior to returning to Canada.

Provisions of the Act and Regulations for which an exemption, if applicable, may be granted to foreign nationals who meet the conditions in Part 8 above:

• Paragraph 16(2)(b) of the Act – the requirement for foreign nationals, subject to the Regulations, to submit to a medical examination;
• Paragraph 20(1)(b) of the Act – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (obligation on entry);
• Subsection 22(2) of the Act – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 38 of the Act – the requirement for a foreign national not to be inadmissible on health grounds;
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• Paragraph 40(1)(a) of the Act – the requirement for a foreign national not to be inadmissible for misrepresentation related to their entry to Canada, overstaying their temporary resident status and working or studying without authorization;
• Paragraph 41(a) of the Act – the requirement for a foreign national not to be inadmissible for non-compliance;
• Subsection 52(1) of the Act – the requirement to seek authorization to return to Canada if a removal order has been enforced;
• Section 243 of the Regulations – the requirement to reimburse removal costs incurred by Her Majesty in right of Canada prior to returning to Canada.

Provisions of the Act and Regulations for which an exemption, if applicable, may be granted to foreign nationals who meet the conditions in Part 9 above:

• Paragraph 16(2)(b) of the Act – the requirement for foreign nationals, subject to the Regulations, to submit to a medical examination;
• Subsection 22(2) of the Act – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 38 of the Act – the requirement for a foreign national not to be inadmissible on health grounds;
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• Paragraph 40(1)(a) of the Act – the requirement for a foreign national not to be inadmissible for misrepresentation related to their entry to Canada, overstaying their temporary resident status and working or studying without authorization;
• Paragraph 41(a) of the Act – the requirement for a foreign national not to be inadmissible for non-compliance.
• Section 9.2 of the Regulations – the requirement to make an application by electronic means;
• Subsection 181(2) of the Regulations – the requirement to continue to meet the requirements of section 179 in order to extend temporary resident status;
• Section 182 of the Regulations – the requirements that a foreign national must meet in order to restore temporary resident status;
• Paragraphs 199(a) to (i) of the Regulations – the requirements that a foreign national must meet in order to apply for a work permit after entering Canada;
• Paragraph 200(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay under Division 2 (work permit issuance);
• Paragraph 200(1)(c) of the Regulations – the requirement to be described under this paragraph of the Regulations;
• Paragraph 200(3)(e) of the Regulations – the requirement that a work permit not be issued to a foreign national who has engaged in unauthorized study or work in Canada or has failed to comply with a condition of a previous permit or authorization;
• Paragraph 201(b) of the Regulations – the requirement for a renewal applicant to have complied with all conditions imposed on their entry into Canada;
• Section 213 of the Regulations – the requirement to apply for a study permit before entering Canada;
• Paragraphs 215(1)(a) to (g) of the Regulations – the requirements that a foreign national must meet in order to apply for a study permit after entering Canada;
• Paragraph 216(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay under Division 2 (study permit issuance);
• Paragraph 216(1)(c) – the requirement for a foreign national to meet the requirements of this part;
• Section 220 of the Regulations – the requirement to have sufficient and available financial resources without working in Canada (studying in Canada).

Other admissibility and selection criteria

Indigenous persons and foreign nationals eligible under this public policy are subject to all other applicable eligibility and admissibility requirements not exempted under this, or another public policy.

Effective date and expiration

This public policy takes effect on October 10, 2024. This public policy may be revoked at any time. Applications received under this public policy on or after the day it comes into effect until the day the public policy is revoked will be processed under this public policy.

Annex A

The objective of these temporary measures is to help reunite certain Indigenous persons with members of their family who already have a right to enter to Canada, i.e. Canadian Citizens, Permanent Residents or persons registered under the Indian Act, while a more permanent solution is developed and implemented. Below are the initial populations that will be eligible under this public policy. The list is based on cases of Indigenous families who have long been separated by Canada’s international border that have been brought to IRCC’s attention. IRCC will continue to hold discussions with First Nations, Inuit and Métis partners and additional groups may be added to this list in the future.

1. Indigenous persons who are not Canadian citizens, nor permanent residents nor persons registered under the Indian Act and who are:
   1. born in the United States of America or who are citizens of the United States of America and who are:
      1. Members of a Federally Recognized Tribe in the U.S., as defined by the Federally Recognized Indian Tribe List Act (108 Stat. 4791, 4792); or
      2. Citizens of the Manitoba Métis Federation (citizenship in MMF precludes being a member of a Federally Recognized Tribe in the U.S.).