Temporary Public Policy for Ukrainian nationals in and outside of Canada applying for temporary 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 will 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. Fee exemptions will help facilitate Ukrainian nationals and their families in coming to Canada and minimize economic burdens.

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. is outside of Canada or at a Canadian port of entry;
   3. has submitted an application for:
      1. a temporary resident visa;
      2. a work permit application under section 200 (1) of the Regulations; or
      3. a study permit under section 216 of the Regulations.
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 seeking to:
      1. extend their status as a temporary resident;
      2. renew their study permit under section 217 of the Regulations or their
      3. work permit under section 201 of the Regulations; or
      4. obtain a subsequent temporary resident permit; and
   3. was present in Canada when the application described in (b) was submitted.
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. does not hold a work or study permit;
   3. has submitted an application for:
      1. a work permit under subsection 200(1); 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.
4. 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:

• Subsection 296(1) – the requirements to pay an application process fee for a temporary resident visa;
• Subsection 298(1) – the requirements to pay an application processing fee for a temporary resident permit;
• Subsection 299(1) – the requirement to pay an application processing fee for a work permit;
• Subsection 300(1) – the requirement to pay an application processing fee for a study permit;
• Subsection 303.2(1) – the requirement for certain persons to pay a fee for the rights and privileges conferred by means of 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 condition 2:

• Subsection 298(1) – the requirements to pay an application processing fee for a temporary resident permit;
• Subsection 299(1) – the requirement to pay an application processing fee for a work permit;
• Subsection 300(1) – the requirement to pay an application processing fee for a study permit;
• Subsection 303.2(1) – the requirement for certain persons to pay a fee for the rights and privileges conferred by means of a work 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 condition 3:

• Subsection 299(1) – the requirement to pay an application processing fee for a work permit;
• Subsection 300(1) – the requirement to pay an application processing fee for a study permit;
• Subsection 303.2(1) – the requirement for certain persons to pay a fee for the rights and privileges conferred by means of 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 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 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 the date of signature and will expire on March 31, 2023. This temporary public policy may be revoked at any time, without prior notice. Applications pending or received on or after the day this temporary public policy takes effect, until the day it is revoked or expires, will be processed under the temporary public policy.