Temporary public policy regarding temporary resident applications for certain individuals who were under the legal responsibility of the child protection system

Full title: Temporary public policy to exempt from the requirement to pay fees for processing temporary resident applications and for the collection of biometrics information for certain individuals in Canada who came to Canada while under the age of 19 and were under the legal responsibility of the child protection system

Background

Under the Ministerial Instructions signed on July 25, 2023, officers are encouraged to consider issuing a temporary resident permit to foreign nationals in Canada (and their eligible family members in Canada) who came to Canada while under the age of 19 and were under the legal responsibility of the child protection system, to give them authorization to remain in Canada as temporary residents.

Public Policy Considerations

Given the vulnerability of this population, applicants may not have sufficient resources to pay the required processing fees, for a temporary resident permit, work permit, study permit, as well as the applicable fee for collection of biometrics information. This public policy will provide fee exemptions and consequently minimize the financial burden for these individuals and their in-Canada family members to facilitate their opportunity to work or study while they remain in Canada. As such, I hereby establish that, pursuant to my authority under section 25.2 of the Immigration and Refugee Protection Act (the Act), there are public policy considerations that justify the granting of an exemption from provisions of the Immigration and Refugee Protection Regulations (the Regulations) to foreign nationals who meet the conditions (eligibility requirements) listed below.

Part 1 - Conditions (eligibility requirements) applicable to the principal applicant

Based on public policy considerations, delegated officers may grant an exemption from the provisions of the Regulations, that require payment of processing fees as well as the fee required for the provision of services in relation to the collection of biometrics information, when foreign nationals apply for a temporary resident permit, work permit or study permit if these foreign nationals meet the following conditions.

The foreign national:

1. entered Canada before age 19;
2. is physically in Canada at time of application for a temporary resident permit, work permit or study permit;
3. has continuously resided in Canada for at least three years on the date of their application;
4. has continuously resided in Canada since age 19, if over the age of 19;
5. was under the legal responsibility of a child and family services provider under a provincial or territorial government’s designated ministry for child protection for at least 1 year (cumulative);
   1. For the purposes of this public policy, "under the legal responsibility of a child and family services provider" refers only to situations where the responsible provincial or territorial authorities obtained full legal ‘parental’ responsibilities for the child by court order.
6. is inadmissible, only pursuant to any of the following provisions of the Act: subsection 36(1); subsection 36(2); paragraph 38(1)(c); section 39; paragraph 40(1)(a) for no other reasons than related to their entry to Canada or overstaying their temporary resident status and working or studying without authorization; paragraph 40(1)(b); subsection 41(a); and, section 42, except where the family member is inadmissible under subsections 34(1), 35(1) or 37(1);
7. holds a document enumerated at subsection 50(1) of the Regulations or if they are unable to obtain a document enumerated at subsection 50(1), provides a document described in subsection 178(1) and 178(2) of the Regulations; and
8. has
   1. submitted an application for a temporary resident permit under subsection 24(1) of the Act; or
   2. been issued a temporary resident permit pursuant to subsection 24(1) of the Act with a validity of six months or more and has submitted an application for a work permit under section 200 or 201 of the Regulations and/or a study permit under section 216 or 217 of the Regulations.

Part 2 - Conditions (eligibility requirements) applicable to family members in Canada:

Based on public policy considerations, delegated officers may grant an exemption from the provisions of the Regulations listed below to foreign nationals in Canada who meet the following conditions:

The foreign national:

1. is a family member – per the definition in subsection 1(3) of the Regulations – in Canada of a foreign national who meets the conditions in Part 1;
2. is inadmissible only pursuant to any of the following provisions of the Act: paragraph 40(1)(a) and subsection 41(a) for no other reasons than related to their entry to Canada or overstaying their temporary resident status and working or studying without authorization; and section 42 except where the family member is inadmissible under subsections 34(1), 35(1) or 37(1);
3. holds a document enumerated at subsection 50(1) of the Regulations or if they are unable to obtain a document enumerated at subsection 50(1), provides a document described in subsection 178(1) and 178(2) of the Regulations; and
4. has
   1. submitted an application for a temporary resident permit under subsection 24(1) of the Act; or
   2. been issued a temporary resident permit pursuant to subsection 24(1) of the Act with a validity of six months or more and has submitted an application for a work permit under section 200 or 201 of the Regulations and/or a study permit under section 216 or 217 of the Regulations.

Provisions of the Regulations for which an exemption may be granted:

For foreign nationals who meet the conditions listed in Part 1 or 2:

• Subsection 298(1) of the Regulations – the requirement to pay an application processing fee for a temporary resident permit;
• Subsection 299(1) of the Regulations – the requirement to pay a fee for processing an application for a work permit
• Subsection 300(1) of the Regulations – the requirement to pay a fee for processing an application for a study permit
• Subsection 315.1(1) of the Regulations – the requirement to pay for the provision of services in relation to the collection of biometrics information

Start and End Dates

This public policy comes into effect on the date of my signature, and it may be revoked at any time.