Amended temporary public policy to facilitate permanent residence for certain citizens of Afghanistan issued temporary resident permits

Background

The withdrawal of international forces, which began on May 1, 2021, and is now complete, has created significant risks with respect to security in Afghanistan. Security concerns are increasing as the Taliban reassert their influence over the country, as well as a number of significant border crossings, making it very difficult for individuals to leave.

The Government of Canada is deeply concerned that individuals left behind will be harmed or killed by the Taliban, in particular, members of vulnerable groups, including women leaders, human rights advocates, religious minorities, LGBTI, and others.

A separate public policy, The Temporary Public Policy for Foreign Nationals Being Airlifted from Afghanistan, has been implemented to urgently facilitate travel of foreign nationals airlifted out of Afghanistan as part of Operation Canadian Safe Haven. Granting of exemptions under that public policy facilitates the issuance of temporary resident permits pursuant to section 24 of the Immigration and Refugee Protection Act (the Act).

Public Policy Considerations

In recognition that many of the Afghan citizens airlifted to Canada as part of Operation Canadian Safe Haven will not be able to return to Afghanistan as a result of the rapidly deteriorating situation, special immigration measures are required to allow these individuals to be granted permanent resident status and to enable them to access settlement and integration support in Canada.

As such, I hereby establish that there are sufficient public policy considerations to justify the granting of permanent residence, pursuant to section 25.2 of the Immigration and Refugee Protection Act (the Act), when a foreign national (principal applicant and their in-Canada family members) meets the conditions (eligibility requirements) described in Part 1 and 2. Family members outside Canada cannot be processed concurrently for permanent residence with the principal applicant. However, they may be provided exemptions from the Act and Regulations in order to be issued a permanent resident visa if they meet the conditions (eligibility requirements) described in Part 3.

Part 1 - Conditions (eligibility requirements) applicable to principal applicants

Based on the public policy considerations, delegated officers may grant permanent resident status to a foreign national who:

1. Is a national of Afghanistan;
2. Was issued a Temporary Resident Permit either overseas or in Canada following their airlift evacuation from the Hamid Karzai International Airport in Kabul;
3. Is physically present in Canada at the time of application for permanent residence under this public policy is made, as well as at the time permanent residence is granted under this public policy;
4. Does not have a reasonable prospect, within a reasonable period, of a durable solution in a country other than Canada, namely:
   1. voluntary repatriation or resettlement in their country of citizenship or habitual residence, or
   2. resettlement or an offer of resettlement in a country other than their country of citizenship or habitual residence;
5. Is not inadmissible other than for the following reasons: medical inadmissibility based on excessive demand on health or social services; financial inadmissibility; non-compliance for having entered Canada without the required visa or other document required under the Regulations, or the failure to have non-accompanying family members examined for the purpose of the assessment of the principal applicant’s admissibility pursuant to subsection 42(1) of the Act; and, having an inadmissible family member, if that family member is a non-accompanying family member outside Canada.
6. 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,
7. If applicable, before permanent residence is granted under this public policy, has withdrawn their refugee claim before the Refugee Protection Division (RPD) or their appeal at the Refugee Appeal Division (RAD) of the IRB.

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

Based on the public policy considerations, delegated officers may grant permanent resident status to a foreign national if:

1. The foreign national is in Canada;
2. The foreign national has been included as an accompanying family member in the application for permanent residence by a principal applicant under this public policy;
3. The foreign national meets the definition of a “family member” in subsection 1(3) of the Regulations;
4. The foreign national is not inadmissible pursuant to the Act and Regulations, other than for reasons identified in condition 5 in Part 1 above;
5. 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;
6. A delegated officer has determined that the principal applicant meets all conditions pursuant to this public policy; and;
7. If applicable, before permanent residence is granted under this public policy, has withdrawn their refugee claim before the Refugee Protection Division (RPD) or their appeal at the Refugee Appeal Division (RAD) of the IRB.

Part 3 - Conditions (eligibility requirements) applicable to family members outside Canada:

Based on public policy considerations, when processing an application for a permanent resident visa, delegated officers may grant an exemption from the requirements of the Act and Regulations identified below when a foreign national meets the following conditions:

1. the foreign national residing outside Canada has been included as a family member in an application for permanent residence by a principal applicant under this public policy;
2. the family member submits their application for a permanent resident visa outside Canada within one year from the day on which permanent residence is granted to the principal applicant pursuant to this public policy;
3. the foreign national meets the definition of family member in subsection 1(3) of the Regulations;
4. 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,
5. the foreign national meets all other statutory eligibility or admissibility provisions pursuant to the Act and Regulations, unless otherwise exempted.

Provisions of the Act for which an exemption may be granted to the family member outside Canada

1. paragraph 16(2)(b) of the Act – the requirement to submit to a medical exam - only as it applies to the foreign national as a non-accompanying family member when processing the principal applicant’s permanent residence application pursuant to this public policy under Part 1;
2. paragraph 38(1)(c) of the Act – inadmissibility on health grounds if their health condition might reasonably be expected to cause excessive demand on health or social services; and,
3. section 39 of the Act – inadmissibility for financial reasons.

Provisions of the Regulations for which an exemption may be granted to the family member outside Canada

1. paragraph 10(2)(c) of the Regulations—the requirement to indicate the class prescribed by these Regulations for which the application is made;
2. paragraph 70(1)(a) of the Regulations—the requirement to apply for a permanent resident visa as a member of a class referred to in subsection 70(2) of the Regulations;
3. paragraph 70(1)(c) of the Regulations—the requirement to be a member of an immigration class; and,
4. paragraph 70(1)(d) of the Regulations—the requirement to meet the selection criteria and other requirements applicable to that class.

Approval in Principle

Once a delegated officer assesses that a foreign national (principal applicant) meets the applicable conditions (1 through 5 of Part 1 above), including the requirement not to be inadmissible on other grounds than in relation to an inadmissibility specified in condition 5 described in Part 1 above, the delegated officer will approve the application in principle (first step approval) under this public policy. For greater certainty, those with known inadmissibilities, other than those listed above, will not receive approval in principle. If approval in principle is received, a removal order made against the principal applicant and their family members, where one exists, will be stayed pursuant to section 233 of the Regulations. The stay of removal, according to the Regulations, is in effect until a final decision is made on the permanent residence application under this public policy. A final assessment of admissibility will be conducted prior to granting of permanent residence.

Fee Exemptions

Based on public policy considerations, delegated officers may grant an exemption from the following fees to foreign nationals (principal applicants) and their in-Canada family members applying for permanent resident status pursuant to this public policy, or to a family member (outside Canada) applying for a permanent resident visa, requesting exemptions pursuant to this public policy:

• Section 307 – the requirement to pay the application processing fee for examining circumstances under subsection 25.2(1) of the Act;
• 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.

Provincial selection criteria (Quebec)

Applicants wishing to settle in Quebec will be subject to the Province of Quebec’s selection criteria further to subsection 25.2(3) of the Act, and cannot be granted permanent residence unless Quebec determines that they meet the applicable selection criteria of the province.

Start and End dates:

This public policy will come into effect on my signature and replaces the Temporary Public Policy to Facilitate Permanent Residence for Certain Citizens of Afghanistan Issued Temporary Residence Permits that was signed on August 24, 2021. This public policy will end two years later. The public policy may be revoked at any time.

Applications received under this public policy on or before the expiry or revocation date will be processed under the public policy.

Applications submitted under the original Temporary Public Policy to Facilitate Permanent Residence for Certain Citizens of Afghanistan Issued Temporary Residence Permits that was signed on August 24, 2021, which were received prior to the signature of this public policy will be processed under the original public policy.