Revised - Updated temporary public policy for family members who fled conflict in Sudan

Background

The humanitarian crisis affecting Sudanese civilians is worsening as the civil war continues. Sudan has the largest internally displaced population in the world, comprising over 11 million people, or one in every five people in the country. An estimated 7.3 million people have been internally displaced since mid-April 2023, including those who experienced secondary displacement.

In April 2023, IRCC supported the evacuation operation to bring Canadian citizens and permanent residents of Canada to safety, including facilitating their foreign national family members via the Temporary Public Policy for Family Members who fled Conflict in Sudan. IRCC is continuing to support those family members who arrived as part of that evacuation operation.

Given the ongoing conflict in Sudan, foreign nationals who arrived in Canada before July 15, 2023, may not be able to return to Sudan at this time. It is important that these individuals maintain legal status in Canada and can support themselves. As such, the intent of this public policy is to continue to provide access to apply for fee-exempt open work permits and study permits to aid in their settlement, and continue to receive a fee waiver for their application for permanent residence under the family class, should they choose to make such an application.

Therefore, I hereby establish that there are sufficient public policy considerations that justify 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 the following conditions:

1. The foreign national:
   1. is in Canada with valid temporary resident status;
   2. left Sudan on or after April 15, 2023;
   3. 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 Sudan on or after April 15, 2023;
   4. entered Canada before July 15, 2023; 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 in Canada with valid temporary resident status;
   2. left Sudan on or after April 15, 2023;
   3. 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 Sudan on or after April 15, 2023;
   4. entered Canada before July 15, 2023;
   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 in Canada with valid temporary resident status;
   2. left Sudan on or after April 15, 2023;
   3. 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 Sudan on or after April 15, 2023;
   4. entered Canada before July 15, 2023;
   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
4. The foreign national:
   1. is in Canada with valid temporary resident status;
   2. left Sudan on or after April 15, 2023;
   3. 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 Sudan on or after April 15, 2023;
   4. entered Canada before July 15, 2023; and
   5. has applied for a Permanent Resident Visa as a member of the Family Class or for permanent residence under the spouse or common-law partner in Canada class.

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 299(1) – the requirements to pay an application processing fee for a work permit;
• Subsection 298(1) – the requirements to pay an application processing fee for a Temporary Resident 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 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.

For foreign nationals who meet the conditions listed in 4)

• Paragraph 295 (1)(a) – the requirements to pay an application processing fee for a Permanent Resident Visa as a member of the Family Class;
• Subsection 301(1)(a) – the requirements to pay an application processing fee for permanent residence under the spouse or common-law partner in Canada class
• 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 applicable eligibility and admissibility requirements unless exempted by this temporary public policy or another public policy.

Effective Date and Expiration

This temporary public policy will take effect on the date of signature. On coming into effect, this public policy revokes and replaces the Updated Temporary Public Policy for Family Members Who Fled Conflict in Sudan signed on October 27, 2024.

This temporary public policy may be revoked at any time. All applications received prior to the revocation or expiry of this public policy will be processed under this public policy. All applications received under the Updated Temporary Public Policy for Family Members Who Fled Conflict in Sudan that are complete will be processed under this public policy. This public policy will expire on October 27, 2025.