ARCHIVED - Temporary public policy for Afghan nationals applying for temporary resident status

Background

As part of the Government of Canada’s continued efforts to respond to the situation in Afghanistan, the Temporary Public Policy for Afghan Nationals Applying for Temporary Resident Status extends and merges measures to support Afghan nationals in Canada and outside Canada who are submitting immigration applications related to their temporary resident status.

As such, this public policy exempts all eligible Afghan nationals with valid temporary resident status in Canada from:

• the requirement to pay the fees associated with their temporary resident permit, work and/or study permit applications including, where applicable, fees for the collection of biometric information.

It also exempts all eligible Afghan nationals in Canada from:

• the fees associated with the extension, renewal or restoration of their temporary resident status, including where applicable, fees for the collection of biometric information.

Finally, this public policy exempts Afghan nationals outside of Canada who are accompanying immediate family members of Canadians citizens or permanent residents from:

• the fees associated with their temporary resident permit application, including where applicable, fees for the provision of services in relation to the collection of biometric information.

The granting of these exemptions would support Canadian citizens and permanent residents who are in Afghanistan, or were evacuated to a third country and whose evacuation to that third country was facilitated by or on behalf of Canada, to travel to Canada with their immediate family members who are Afghan nationals, by removing financial barriers. It will also support Afghan nationals in Canada who may face issues in obtaining access to their financial means from Afghanistan in these unprecedented circumstances and need to seek work or study authorization, or extend, restore or renew their status. By facilitating access to the labour market and studies, Afghans who are in Canada under a temporary status would be better able to meet their basic needs and access education while waiting for their permanent residence in Canada or until the situation in Afghanistan stabilizes.

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

Conditions (eligibility requirements) applicable to Afghan nationals:

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 a national of Afghanistan in Canada; and
   2. is seeking to:
      1. extend their status as a temporary resident;
      2. restore their status as a temporary resident;
      3. renew their study or work permit; or
      4. obtain a subsequent temporary resident permit.
2. The foreign national
   1. is a national of Afghanistan in Canada;
   2. does not hold a work or study permit;
   3. has submitted an application for:
      1. a work permit under subsection 200(1); or
      2. a study permit under section 216 of the Regulations; and,
   4. is in Canada with valid temporary resident status and had that status when the work or study permit application described in 2 (c) was submitted.
3. The foreign national
   1. is a national of Afghanistan;
   2. is physically present:
      1. in Afghanistan; or
      2. in a third country en route to Canada, and their evacuation from Afghanistan to this third country has been facilitated by or on behalf of Canada;
   3. is a family member, as defined in subsection 1(3) of the Regulations, of a Canadian Citizen or Permanent Resident; and
   4. is accompanying their Canadian citizen or Permanent Resident family member to Canada.

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

For foreign nationals who meet condition 1: 3

• 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 requirement to pay an application processing fee for a work permit;
• Subsection 300(1) – the requirement to pay an application processing fee for a study permit;
• Subsection 303.2(1) – the requirement for certain persons to pay a fee for the rights and privileges conferred by an open work 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;

For foreign nationals who meet condition 2:

• Subsection 299(1) – the requirement to pay an application processing fee for a work permit;
• Subsection 300(1) – the requirement to pay an application processing fee for a study permit;
• Subsection 303.2(1) – the requirement for certain persons to pay a fee for the rights and privileges conferred by an open 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 condition 3:

• 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;

Other Admissibility and Selection Criteria

Foreign nationals eligible under this public policy are subject to all other applicable eligibility and admissibility requirements unless otherwise exempted by this temporary public policy or another public policy.

Effective Date and Expiration

This temporary public policy will take effect on the latest of March 1, 2022, or the date of my signature if signed after March 1, 2022, at which time the Temporary Public Policy for Afghan Nationals in Canada Applying for a Work or Study Permit will be revoked. This temporary public policy will expire on December 31, 2022.

This temporary public policy may be revoked at any time. 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.