Temporary public policy to facilitate temporary resident visas for certain extended family affected by the crisis in Gaza

Background

Since Hamas’ terrorist attack on Israel on October 7, 2023, the situation in Gaza is volatile and unpredictable. Canada remains deeply concerned about the ongoing war and the scale of the humanitarian crisis in Gaza.

Public policy conditions

This public policy will provide a family-based temporary refuge for Palestinian nationals directly affected by the crisis in the Gaza Strip and who have Canadian citizen or permanent resident family members in Canada willing to support them during their temporary stay.

As such, I hereby establish that, pursuant to my authority under section 25.2 of the Immigration and Refugee Protection Act (the Act), that there are public policy considerations that justify the granting of an exemption from the application of any of the listed provisions of the Act and Immigration and Refugee Protection Regulations (the Regulations) to foreign nationals who meet the eligibility criteria and conditions listed below.

Eligibility Criteria and Conditions:

Based on the public policy considerations, delegated officers may grant an exemption from the provisions of the Act and Regulations listed below to foreign nationals who meet the following conditions:

Part 1

1. The foreign national:
   1. has submitted an application for a temporary resident visa;
   2. was in the Gaza Strip on the day they submitted their application;
   3. is a Palestinian Territory passport holder;
   4. has identified an anchor, who meets the requirements in Annex A;
   5. is the spouse, common law partner, child (regardless of age), grandchild, parent, grandparent or sibling of the anchor identified in condition iv. of Part 1;
   6. has a signed statutory declaration from the anchor identified in condition iv. of Part 1 in which the anchor attests that:
      1. they have the intention to provide the support set out in Annex B for the foreign national and their family members as defined in section 1(3) of the Regulations, and
      2. they have not accepted, and understand they are not to accept, any financial compensation from the foreign national and their family members;
   7. has submitted the application by electronic means (applied online) or with an alternate application format provided by the department if the foreign national or their representative indicated they are unable to apply online.

Part 2

2. The foreign national:
   1. is a family member, as defined in subsection 1(3) of the Regulations, of a foreign national who has applied under this public policy and has been found to meet the conditions listed in Part 1;
   2. has submitted an application for a temporary resident visa; and
   3. has submitted the application by electronic means (applied online) or with an alternate application format provided by the department if the foreign national or their representative indicated they are unable to apply online.

Part 3

3. The foreign national
   1. holds a temporary resident visa that was issued following facilitation under Part 1 or Part 2; and
   2. seeks to enter Canada as a visitor.

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

For foreign nationals who meet the conditions listed in Part 1:

• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• Paragraph 179(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay under Division 2 (temporary resident visa issuance);

For foreign nationals who meet the conditions listed in Part 2:

• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• Paragraph 179(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay under Division 2 (temporary resident visa issuance);

For foreign nationals who meet the conditions listed in Part 3:

• The requirement in Paragraph 20(1)(b) of the Act – for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay (obligation on entry);
• The requirement in subsection 22(2) of the Act – for a foreign national to establish they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons.

Other Admissibility and Selection Criteria

All foreign nationals eligible under this public policy are subject to all other applicable statutory eligibility and admissibility requirements not otherwise exempted.

Fees

Any applicable fees not otherwise exempted must be paid.

Start and End dates:

This public policy comes into effect on January 9, 2024. Work to implement the measure has begun and will be completed by that date in order to begin accepting applications. The exemptions for foreign nationals who meet the conditions listed in Part 1 and Part 2 will expire once 1,000 applications have been accepted into processing or one year after the public policy comes into effect, whichever comes first. The exemptions for foreign nationals who meet the conditions listed in Part 3 expire one year after the public policy come into effect. This temporary public policy may be revoked at any time, without notice. All applications accepted for processing prior to the revocation or expiry of the public policy will be processed under the public policy.

Annex A

Conditions (eligibility requirements) applicable to the anchor:

The anchor:

1. is a Canadian citizen or permanent resident who is 18 years of age or older;
2. intends to reside in Canada;
3. is not subject to a removal order;
4. is not detained in any penitentiary, jail, reformatory or prison;
5. has not been convicted in Canada of the offence of murder or an offence set out in Schedule I or II to the Corrections and Conditional Release Act, regardless of whether it was prosecuted by indictment, if a period of five years has not elapsed since the completion of the person’s sentence;
6. has not been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence referred to in condition 5 of Annex A if a period of five years has not elapsed since the completion of the person's sentence imposed under a foreign law;
7. is not in default of any sponsorship undertaking or any support payment obligations ordered by or registered with a court;
8. is not in default in respect of the repayment of any debt referred to in subsection 145(1) of the Act payable to His Majesty in right of Canada;
9. is not an undischarged bankrupt under the Bankruptcy and Insolvency Act;
10. is not in receipt of social assistance for a reason other than disability; and
11. has not accepted, and understand they are not to accept, any financial compensation from the foreign national and their accompanying family members.

Annex B – Statutory Declaration

Statutory Declaration

1. The anchor must submit a statutory declaration attesting to their intention to provide to the foreign national and family members identified in Part 1 and Part 2 of the public policy with the following support, as required, for one year:

• Meet them at the airport and transport to their final destination;
• Provide orientation to life in Canada (e.g., public transportation, banking, shopping, rights and responsibilities, etc.);
• Provide financial support for their basic needs, including housing, food, clothing, and other basic necessities of life, as well as dental care, eye care and other health needs not covered by public health insurance (once Interim Federal Health Program coverage expires);
• Assist with:
  • coordinating interpretation services,
  • identifying temporary and permanent accommodation,
  • enrolling in provincial and national programs and benefits (e.g., healthcare insurance, Social Insurance Number, Canada Child Benefit, etc.),
  • finding family physician, dentist, optometrist registered with the IFHP and with arrangements for any additional medical needs,
  • enrolling children in school or child care,
  • enrolling adults in language training, and
  • accessing support services to find employment