Temporary public policy for family members who fled conflict in Sudan – Extension

Background

The violent conflict that broke out in Sudan in April 2023 between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF) is ongoing. According to the UNHCR, nearly 6 million people have been displaced internally, and an additional 1.4 million people have been driven into five neighboring countries – the Central African Republic (CAR), Chad, Egypt, Ethiopia, and South Sudan. Inside Sudan, the humanitarian situation remains dire due to ongoing fighting and shortages of food, water, and fuel, limited communications and electricity, and very high prices of essential items. The UN reports 20.3 million people in Sudan face severe hunger, more than 70 percent of hospitals in conflict-affected areas aren’t functioning, and 19 million children are out of school.

IRCC supported the evacuation operation to bring Canadian citizens and permanent residents of Canada to safety.

Public policy considerations

In light of the ongoing situation in Sudan, this public policy extends the measures in the Temporary Public Policy for Family Members who fled Conflict in Sudan signed on April 30, 2023, and exempts eligible foreign national family members who have left Sudan since the violence erupted from the requirement to pay the applicable Temporary Resident Visa and Temporary Resident Permit processing fee, as well as fees for the provision of services in relation to the collection of biometric information, to facilitate their travel to Canada.

This public policy recognizes that those who arrived in Canada on or after April 15, 2023, may not be able to return, and as such, provides foreign nationals eligible under this public policy who have been admitted as temporary residents with continued ability to apply for fee-exempt open work permits and study permits to aid in their settlement, and also provides 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 the granting, pursuant to section 25.2 of IRPA, exemptions from the requirements of the IRPR 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 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;
   2. is outside of Sudan in a third country;
   3. left Sudan on or after April 15, 2023; and
   4. has submitted an application for a temporary resident visa using the electronic form identified for evacuated family members from Sudan.
2. The foreign national:
   1. is in Canada with valid temporary resident status and
      1. holds a temporary resident visa or temporary resident permit issued after meeting conditions under 1), or
      2. meet conditions 1(i) and (iii);
   2. entered Canada before July 15, 2023; and
   3. has applied for a work permit under section 200 of the Regulations
3. The foreign national:
   1. is in Canada with valid temporary resident status and
      1. holds a temporary resident visa or temporary resident permit issued after meeting conditions under 1), or
      2. meet conditions 1(i) and (iii);
   2. entered Canada before July 15, 2023; and
   3. has applied for a study permit under section 216 of the Regulations
4. The foreign national:
   1. is in Canada with valid temporary resident status and
      1. holds a temporary resident visa or temporary resident permit issued after meeting conditions under 1), or
      2. meet conditions 1(i) and (iii);
   2. entered Canada before July 15, 2023; and
   3. 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 296(1) - the requirements to pay an application processing fee for a Temporary Resident Visa;
• 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 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 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;
• 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 May 1, 2024 and will expire on October 27, 2024. This temporary public policy may be revoked at any time, without prior notice.