Temporary public policy to exempt from the requirement to present a permanent resident visa to an officer

Background

On March 15, 2020, Immigration, Refugees and Citizenship Canada informed clients that, as of March 16, 2020, the Department was cancelling all in-person appointments for permanent resident status until at least April 13, 2020. This measure was taken in order to limit the spread of the Novel Coronavirus (COVID-19).

Subsection 71.1(2) of the Immigration and Refugee Protection Regulations (“the Regulations”) requires that a foreign national, in order to obtain permanent resident status, present their permanent resident visa to an officer at a port of entry or at an office of the Department in Canada.

Following the granting of permanent resident status, a permanent resident can access most social benefits that Canadian citizens receive, including health care coverage. Further, given that temporary status documents may expire, obtaining permanent resident status in a timely manner is important to clients.

Public policy considerations

Given the importance and the time-sensitive nature of the granting of permanent resident status for clients in Canada, and in light of the measures being taken to reduce the spread of COVID-19, the Department seeks the ability to exempt certain applicants from the requirement to present their permanent resident visa to an officer in order to be granted permanent resident status, where all other requirements for the granting of permanent resident status have been met.

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 sufficient public policy considerations to justify the granting of an exemption, to foreign nationals who are temporary residents in Canada who meet the conditions listed below, from the obligation under subsection 71.1(2) of the Regulations to present their permanent resident visa to an officer in order to be granted permanent resident status.

Conditions (eligibility criteria)

In order to benefit from this public policy, a foreign national in Canada

• must be a member of a class referred to in paragraphs 70(2)(a) or (b) of the Regulations;
• must meet all applicable eligibility and admissibility requirements of the Act and the Regulations;
• must be seeking to become a permanent resident under subsection 71.1(2) of the Regulations; and,
• must not be seeking to enter Canada at a port of entry.

Requirement of the Regulations for which an exemption may be granted

Based on the public policy considerations noted above, delegated officers may exempt foreign nationals who meet the above-mentioned conditions from the obligation under subsection 71.1(2) of the Regulations to present their permanent resident visa to an officer at an office of the Department in Canada, in order to be granted permanent resident status.

Start date: This public policy comes into force on the date on which it is signed and will apply until it is revoked by the Minister.

The Honourable Marco Mendicino
Minister of Immigration and Citizenship

Dated at Ottawa, April 9th, 2020