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Temporary public policy for Ukrainian nationals in and outside of Canada applying for temporary and permanent resident documents

Background

Canada strongly condemns Russia’s egregious attack on Ukraine. This is a blatant violation of Ukraine’s sovereignty and international law. Canada stands strong in its support for Ukrainian sovereignty, territorial integrity, and independence.

The following measures are part of the Government’s response to this situation.

On March 3, 2022, the Government of Canada announced the Canada-Ukraine Authorization for Emergency Travel for Ukrainian nationals and their family members who wish to come to Canada urgently and temporarily for safe haven. Beneficiaries of the Authorization for Emergency Travel have access open work permits, making it easier for employers to quickly hire Ukrainian nationals and their family members, assisting them in establishing as temporary residents in their new communities.

Given the current circumstances in their country of origin, Ukrainian temporary residents in Canada may seek to extend their lawful stay in Canada. The granting of these fee exemptions will support Ukrainian nationals and their family members in Canada who are newly seeking to work or study, or to extend or renew their status as visitors, workers or students, and who face issues accessing their financial means from Ukraine. By facilitating access to the labour market and studies, Ukrainians and their family members who are in Canada under a temporary status would be better able to meet their basic needs and access education until the situation in Ukraine stabilizes.

Ukrainian nationals who are ready to be approved for a permanent resident visa, but who have not yet come to Canada, may face difficulty obtaining a passport or a travel document. An exemption from the requirement to hold a passport or a travel document will allow for the issuance of the permanent resident visa counterfoil on a Single Journey Travel Document for these Ukrainian nationals.

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 following 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 at least one of the following conditions:

  1. The foreign national
    1. is a national of Ukraine or is a family member, as defined in subsection 1(3) of the Regulations, of a Ukrainian national;
    2. has made an application for a temporary resident visa under section 179 of the Regulation from outside Canada; and
    3. has submitted an application identified in (b) by electronic means using the electronic form identified for the Canada-Ukraine Authorization for Emergency Travel initiative, or by any other means that is made available or specified by the Minister for that purpose if the foreign national because of disability is unable to meet the requirement to make the application, submit any document or provide signature or information using electronic means.
  2. The foreign national
    1. is a national of Ukraine or is a family member, as defined in subsection 1(3) of the Regulations, of a Ukrainian national;
    2. is at a Canadian port of entry;
    3. has submitted an application for:
      1. a work permit application under subsection 200(1) of the Regulations; or
      2. a study permit under section 216 of the Regulations.
  3. The foreign national
    1. is a national of Ukraine or is a family member, as defined in subsection 1(3) of the Regulations, of a Ukrainian national;
    2. has submitted an application for a temporary resident visa under section 179 of the Regulations from within Canada; and
    3. is in Canada with valid temporary resident status.
  4. The foreign national
    1. is a national of Ukraine or is a family member, as defined in subsection 1(3) of the Regulations, of a Ukrainian national;
    2. has submitted an application to:
      1. extend their status as a temporary resident under section 181 of the Regulations;
      2. renew their study permit under section 217 of the Regulations or their work permit under section 201 of the Regulations;
      3. obtain a subsequent temporary resident permit; or
      4. restore their status as a temporary resident under section 182 of the Regulations; and
    3. was present in Canada when the application described in (b) was submitted.
  5. The foreign national
    1. is a national of Ukraine or is a family member, as defined in subsection 1(3) of the Regulations, of a Ukrainian national;
    2. does not hold a work or study permit;
    3. has submitted an application for:
      1. a work permit under subsection 200(1) of the Regulations; or
      2. a study permit under section 216 of the Regulations; and
    4. is in Canada with valid temporary resident status and had that status when the work or study permit application described in 3(c) was submitted.
  6. The foreign national
    1. is a national of Ukraine;
    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 condition 1:

For foreign nationals who meet condition 2:

For foreign nationals who meet condition 3:

For foreign nationals who meet condition 4:

For foreign nationals who meet condition 5:

For foreign nationals who meet condition 6:

Other Admissibility and Selection Criteria

Foreign nationals eligible under this public policy are subject to all other applicable eligibility and admissibility requirements unless otherwise exempted by this temporary public policy or another public policy.

Effective Date and Expiration

This temporary public policy will take effect on April 1, 2023.

The public policy exemptions for foreign nationals described by Condition 1 will expire on July 15, 2023. The public policy will expire in its entirety on March 31, 2024.

This temporary public policy may be revoked at any time, without prior notice.

Applications for a temporary resident visa received on or after the date this temporary public policy takes effect, including those that were submitted prior to April 1, 2023 but have not yet entered processing, and permanent residence applications that were received on or after the date this temporary public policy takes effect, or were pending on the date this public policy takes effect, until the day it is revoked or expires, will be processed under the temporary public policy.

The Hon. Sean Fraser, P.C., M.P.
Minister of Citizenship and Immigration
Dated at Ottawa, this 21 day of March 2023

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