Temporary public policy for Afghan nationals in Canada and outside Canada

Background

The withdrawal of international forces from Afghanistan, which began on May 1, 2021, and is now virtually complete, has created significant risks with respect to security in the country. Security concerns in Afghanistan are high as the Taliban reasserts their influence over the country, including a number of significant border crossings, making it very difficult for individuals to leave. In addition, the Government of Canada has suspended operations at its Embassy in Afghanistan.

Canadian Citizens and Permanent Residents in Afghanistan, or whose evacuation to a third country has been facilitated by Canada, may seek to return to Canada with immediate family members who are Afghan nationals. Such Citizens, Permanent Residents and Afghan national family members may face difficulty obtaining a travel document to come to Canada. Similarly, Afghan nationals who have been approved for confirmation of permanent residence in Canada, but who have not yet come to Canada, may face difficulty obtaining a travel document. Given the current circumstances in their country of origin, Afghan national temporary residents in Canada may seek to extend their lawful stay in Canada.

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, exemptions from the requirements of the Immigration and Refugee Protection Regulations (Regulations) listed below to foreign nationals who meet the conditions set out below.

Part 1: Conditions (eligibility requirements) applicable to Afghan national immediate family members of Canadian citizens and permanent residents in Afghanistan or en route to Canada:

Based on public policy considerations, when processing an application for a temporary resident permit, 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 is a national of Afghanistan,
2. The foreign national is physically present in Afghanistan, or is in a third country en route to Canada, and their evacuation from Afghanistan to this third country has been facilitated by Canada; and
3. The foreign national is an immediate family member, as defined in subsection 1(3) of the Regulations, of a Canadian Citizen or Permanent Resident; and
4. The foreign national is accompanying their Canadian citizen or Permanent Resident family member to Canada.

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

• Subsection 52(1) – the requirement to hold a passport or travel document;
• 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;
• Subsection 315.1(3) – maximum fee for biometrics collection for a family.

Part 2: Conditions (eligibility requirements) applicable to Afghan nationals approved for a permanent resident visa, outside Canada:

Based on public policy considerations, when processing an application to issue a permanent resident visa to an approved Permanent Residence applicant, or when processing an application to become a permanent resident at a port of entry, 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 is a national of Afghanistan,
2. The foreign national has a valid confirmation of permanent residence to come to Canada, but is unable to obtain a prescribed passport or travel document as described in s. 50(1) of the Regulations, and
3. The foreign national is outside of Canada when the decision is made on their application for a permanent resident visa.

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

• Subsection 50(1) – the requirement to hold a passport or travel document;
• Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information;
• Subsection 315.1(3) – maximum fee for biometrics collection for a family.

Part 3: Conditions (eligibility requirements) applicable to Afghan nationals in Canada:

Based on public policy considerations, when processing an application for an extension of temporary resident status, restoration of temporary resident status, an application for a renewal of a work or study permit, or an application for a subsequent temporary resident permit, 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 is present in Canada seeking to:
   1. extend their status as a temporary resident,
   2. restore their status as a temporary resident,
   3. renew their student or work permit, or
   4. obtain a subsequent temporary resident permit; and
2. The foreign national is a national of Afghanistan.

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

• Subsection 182(1) - the requirement for a visitor, worker or student to make an application to restore temporary resident status within 90 days after losing that status;
• Subsection 298(1) - the requirements to pay an application processing fee for a temporary resident permit;
• Subsection 299(1) - the requirements to pay an application processing fee for a work permit.
• Subsection 300(1) - the requirements to pay an application processing fee for a study 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 306(1) – the requirement to pay the application processing fee for restoration of temporary resident status;
• Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information;
• Subsection 315.1(3) – maximum fee for biometrics collection for a family.

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 the date of signature and will expire on February 28, 2022. This temporary public policy may be revoked at any time, without prior notice. Applications pending or submitted 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.