ARCHIVED – Temporary public policy to exempt Ukrainian nationals from various immigration requirements in support of the Canada-Ukraine authorization of emergency travel

Background

Canada remains steadfast in its support of Ukraine’s sovereignty and territorial integrity.  As part of the Government of Canada’s response to Russia’s full-scale invasion of Ukraine, Immigration, Refugees and Citizenship Canada (IRCC) introduced the Canada-Ukraine Authorization of Emergency Travel.  This temporary measure will ensure that Ukrainian nationals and their family members who are fleeing the conflict are able to come to Canada temporarily, and able to work and study during their stay.

It is critical that those fleeing the conflict have the needed authorization and documentation so that they can remain in Canada and engage in their new community without delays.  As such, under this new measure, Ukrainian nationals and their family members will be eligible for an open work permit or a study permit.

Given the urgency to provide safe haven to those fleeing the conflict, and the limited availability of IRCC designated panel physicians in the region affected by the conflict, the new measure is waiving the requirement to undergo an Immigration Medical Exam (IME) for those who may be subject to health screening before arrival in Canada. However, to protect the health and safety of Canadians, guidance will be provided to CBSA officers to consider imposing a requirement on these foreign nationals to undergo basic medical diagnostic testing for screening of reportable communicable diseases (e.g., tuberculosis) upon arrival to Canada.

Therefore, I hereby establish that, pursuant to my authority under section 25.2 of the Immigration and Refugee Protection Act (the Act), there are sufficient public policy considerations that justify the granting of exemptions from the requirements of the Act and the Immigration and Refugee Protection Regulations (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, if any of the following conditions are met:

1. The foreign national:
   
   1. is a national of Ukraine;
   2. has submitted an application for a temporary resident visa;
   3. has submitted a work permit application under section 200 of the Regulations or an application for work permit renewal under subsection 201(1) of the Regulations; and
   4. has submitted applications identified in (ii) and in (iii) 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;
   2. has submitted an application for a temporary resident visa; and
   3. has submitted an application identified in (ii) 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.
3. The foreign national:
   
   1. is a national of Ukraine;
   2. holds a valid temporary resident visa; and
   3. has, on entry to Canada, submitted a work permit application under section 200 of the Regulations or an application for work permit renewal under subsection 201(1) of the Regulations.
4. The foreign national:
   
   1. is a national of Ukraine and is currently in Canada with valid temporary resident status or is eligible to restore their temporary resident status under the Regulations;
   2. has submitted a work permit application under section 200 of the Regulations or subsection 201(1) of the Regulations; and
   3. has submitted their application for the work permit in (ii) using electronic means, 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.
5. The foreign national:
   
   1. is a family member – per the definition in subsection 1(3) of the Regulations – of a foreign national who
      
      1. meets the conditions of 1., 2., 3., or 4. or
      2. is a Ukrainian national in Canada with valid temporary resident status;
   2. has submitted an application for a temporary resident visa;
   3. has submitted a work permit application under section 200 of the Regulations or an application for work permit renewal under subsection 201(1) of the Regulations; and
   4. has submitted applications identified in (ii) and in (iii) 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.
6. The foreign national:
   
   1. is a family member – per the definition in subsection 1(3) of the Regulations – of a foreign national who
      
      1. meets the conditions in 1), 2), 3), or 4) or
      2. is a Ukrainian national in Canada with valid temporary resident status;
   2. has submitted an application for a temporary resident visa; and
   3. has submitted applications identified in (ii) 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.
7. The foreign national:
   
   1. is family member– per the definition in subsection 1(3) of the Regulations – of a foreign national who
      
      1. meets the conditions of 1), 2), 3), or 4) or
      2. is a Ukrainian national in Canada with valid temporary resident status;
   2. holds a valid temporary resident visa; and
   3. has submitted a work permit application under section 200 of the Regulations or an application for work permit renewal under subsection 201(1) of the Regulations on entry to Canada.
8. The foreign national:
   
   1. is a family member – per the definition in subsection 1(3) of the Regulations – of a foreign national who
      
      1. meets the conditions in 1), 2), 3), or 4) or
      2. is a Ukrainian national in Canada with valid temporary resident status;
   2. is in Canada with valid temporary resident status;
   3. has submitted a work permit application under section 200 of the Regulations or an application for work permit renewal under subsection 201(1) of the Regulations; and
   4. has submitted the work permit application in (iii) using electronic means, 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.
9. The foreign national:
   
   1. is a family member – per the definition in subsection 1(3) of the Regulations – of a foreign national who
      
      1. meets the conditions in 1), 2), 3), or 4) or
      2. is a Ukrainian national in Canada with valid temporary resident status;
   2. holds an Electronic Travel Authorization; and
   3. has submitted a work permit application under section 200 of the Regulations or subsection 201(1) of the Regulations on entry to Canada.
10. The foreign national:
    
    1. is a minor child;
    2. is a family member– per the definition in subsection 1(3) of the Regulations – of a foreign national who
       
       1. meets the conditions in 2) or 6) or
       2. is a Ukrainian national who is in Canada with valid temporary resident status;
    3. has submitted an application for a study permit under section 216 of the Regulations on entry to Canada or from within Canada; and
    4. if applying for the study permit in (iii) from within Canada, has submitted that application using electronic means (applied online), 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.
11. The foreign national:
    
    1. is a national of Ukraine or is a family member– per the definition in subsection 1(3) of the Regulations – of a foreign national who
       
       1. meets the conditions in in 1), 2), 3), or 4) or
       2. is a Ukrainian national who is in Canada with valid temporary resident status;
    2. is in Canada with valid temporary resident status;
    3. has submitted an application for a study permit under section 216 of the Regulations from within Canada;
    4. has submitted the study permit application in (iii) using electronic means (applied online), 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; and
    5. is 18 years of age or older at the time the application in (iii) is submitted; or
12. The foreign national:
    
    1. is a national of Ukraine or is a family member– per the definition in subsection 1(3) of the Regulations – of a foreign national who
       
       1. meets the conditions in in 1), 2), 3), or 4); or
       2. is a Ukrainian national who is in Canada with valid temporary resident status;
    2. has been issued a temporary resident permit under subsection 24(1) of the Act with a duration of longer than six months; and
    3. on entry to Canada, has submitted
       
       1. a work permit application under section 200 of the Regulations or an application for work permit renewal under subsection 201(1) of the Regulations; or
       2. a study permit under section 216 of the Regulations, if that foreign national is under 18 years of age.

Provisions of the Act and the Regulations for which an exemption may be granted

For foreign nationals who meet the conditions listed in 1:

• Paragraph 16(2)(b) of the Act – the requirement for foreign nationals, subject to the Regulations, to submit to a medical examination;
• The requirement in Paragraph 20(1)(b) of the Act – for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay (obligation on entry);
• The requirement in subsection 22(2) of the Act – for a foreign national to establish they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• Paragraph 179(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 (temporary resident visa issuance);
• 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 of 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.

For foreign nationals who meet the conditions listed in 2:

• Paragraph 16(2)(b) of the Act – the requirement for foreign nationals, subject to the Regulations, to submit to a medical examination;
• The requirement in Paragraph 20(1)(b) of the Act – for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay (obligation on entry);
• The requirement in subsection 22(2) of the Act – for a foreign national to establish they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• Paragraph 179(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 (temporary resident visa issuance);

For the foreign nationals who meet the conditions listed in 3:

• Paragraph 16(2)(b) of the Act – the requirement for foreign nationals, subject to the Regulations, to submit to a medical examination;
• The requirement in Paragraph 20(1)(b) of the Act – for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay (obligation on entry);
• The requirement in subsection 22(2) of the Act – for a foreign national to establish they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• The requirement in subsection 198(1) of the Regulations – for a foreign national to be exempt under Division 5 of Part 9 from the requirement to obtain a temporary resident visa;
• 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 of 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.

For foreign nationals who meet the conditions listed in 4:

• The requirement in Paragraph 20(1)(b) of the Act – for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay (obligation on entry);
• The requirement in subsection 22(2) of the Act – for a foreign national to establish they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• The requirement in paragraph 181(2) of the Regulations for a foreign national to satisfy an officer that they continue to meet the requirement in paragraph 179(b) to establish that they will leave Canada by the end of their period of authorized stay;
• Paragraphs 199(a)-(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 of 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.

For foreign nationals who meet the conditions listed in 5:

• Paragraph 16(2)(b) of the Act – the requirement for foreign nationals, subject to the Regulations, to submit to a medical examination;
• The requirement in Paragraph 20(1)(b) of the Act – for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay (obligation on entry);
• The requirement in subsection 22(2) of the Act – for a foreign national to establish they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• Paragraph 179(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 (temporary resident visa issuance);
• 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 of 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.

For foreign nationals who meet the condition listed in 6:

• Paragraph 16(2)(b) of the Act – the requirement for foreign nationals, subject to the Regulations, to submit to a medical examination;
• The requirement in Paragraph 20(1)(b) of the Act – for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay (obligation on entry);
• The requirement in subsection 22(2) of the Act – for a foreign national to establish they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for
• financial reasons;
• Paragraph 179(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 (temporary resident visa issuance);

For the foreign nationals who meet the conditions listed in 7:

• Paragraph 16(2)(b) of the Act – the requirement for foreign nationals, subject to the Regulations, to submit to a medical examination;
• The requirement in Paragraph 20(1)(b) of the Act – for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay (obligation on entry);
• The requirement in subsection 22(2) of the Act – for a foreign national to establish they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• The requirement in subsection 198(1) of the Regulations – for a foreign national to be exempt under Division 5 of Part 9 from the requirement to obtain a temporary resident visa;
• 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 of 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.

For foreign nationals who meet the condition listed in 8:

• The requirement in Paragraph 20(1)(b) of the Act – for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay (obligation on entry);
• The requirement in subsection 22(2) of the Act – for a foreign national to establish they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• The requirement in paragraph 181(2) of the Regulations for a foreign national to satisfy an officer that they continue to meet the requirement in paragraph 179(b) to establish that they will leave Canada by the end of their period of authorized stay;
• Paragraphs 199(a)-(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 of 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.

For foreign nationals who meet the condition listed in 9:

• Paragraph 16(2)(b) of the Act – the requirement for foreign nationals, subject to the Regulations, to submit to a medical examination;
• The requirement in Paragraph 20(1)(b) of the Act – for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay (obligation on entry);
• The requirement in subsection 22(2) of the Act – for a foreign national to establish they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• 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 of 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.

For foreign nationals who meet the conditions listed in 10:

• Paragraph 16(2)(b) of the Act – the requirement for foreign nationals, subject to the Regulations, to submit to a medical examination;
• The requirement in Paragraph 20(1)(b) of the Act – for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay (obligation on entry);
• The requirement in subsection 22(2) of the Act – for a foreign national to establish they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• Section 213 of the Regulations – the requirement to apply for a study permit before entering Canada;
• Paragraphs 214(a) to (d) of the Regulations – the requirements that a foreign national must meet in order to apply for a study permit when 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;
• 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(e) of the Regulations – the requirement to be accepted to undertake a program of study at a designated learning institution;
• Section 220 of the Regulations – the requirement that foreign national must have sufficient and available financial resources (studying in Canada).

For foreign nationals who meet the condition listed in 11:

• The requirement in Paragraph 20(1)(b) of the Act – for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay (obligation on entry);
• The requirement in subsection 22(2) of the Act – for a foreign national to establish they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• The requirement in paragraph 181(2) of the Regulations for a foreign national to satisfy an officer that they continue to meet the requirement in paragraph 179(b) to establish that they will leave Canada by the end of their period of authorized stay;
• Section 213 of the Regulations – 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;
• 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);
• Section 220 of the Regulations – requirement that foreign national must have sufficient and available financial resources (studying in Canada).

For foreign nationals who meet the condition listed in 12:

• Paragraph 16(2)(b) of the Act – the requirement for foreign nationals, subject to the Regulations, to submit to a medical examination;
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• The requirement in subsection 198(1) of the Regulations – for a foreign national to be exempt under Division 5 of Part 9 from the requirement to obtain a temporary resident visa;
• 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 of 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;
• Section 213 of the Regulations – the requirement to apply for a study permit before entering Canada;
• Paragraphs 214(a) to (d) of the Regulations – the requirements that a foreign national must meet in order to apply for a study permit when 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);
• Section 220 of the Regulations – requirement that foreign national must have sufficient and available financial resources (studying in Canada).

Other Admissibility and Selection Criteria

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 March 17, 2022.

This public policy applies only to applications for a temporary resident visa, open work permit or study permit received on or after the day it comes into effect.

This public policy expires on March 31, 2023, and may be revoked at any time without prior notice.