Temporary public policy for Haitian nationals in Canada as temporary residents - Extension

Background

Starting on May 23, 2024 and following the conclusion of the Government of Canada-led assisted departure operation out of Haiti on April 26, 2024, IRCC has been facilitating special in-Canada measures to support Haitian nationals who were already in Canada at the onset of the recent crisis and who were unable to safely return home via the Temporary Public Policy for Haitian Nationals in Canada as Temporary Residents.

It is important that these individuals are given the opportunity to apply to maintain legal status in Canada as country conditions in Haiti remain critical and have not stabilized since violent gangs seized the capital of Port-au-Prince in the Spring.

As such, the intent of this public policy is to continue to support Haitian nationals to maintain their legal status in Canada by  providing access to apply fee-exempt for a temporary resident status-extension or to apply for an open work permit or study permit. Furthermore, this public policy will continue to exempt certain Haitian permanent resident applicants from the requirement to hold a passport to be approved for a permanent resident visa to come to Canada.

Therefore, I hereby establish that there are sufficient public policy considerations that justify granting, pursuant to section 25.2 of IRPA, exemptions from the requirements of the IRPR listed below to foreign nationals who meet the conditions set out below.

Conditions (eligibility requirements):

Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Regulations identified below when a foreign national meets one of the following conditions:

1. The foreign national
   1. is a national of Haiti in Canada with valid temporary resident status; and
   2. has applied for
      1. an extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations, or
      2. a temporary resident permit.
2. The foreign national
   1. is a national of Haiti in Canada with valid temporary resident status;
   2. has applied for
      1. an extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations, or
      2. a temporary resident permit; and
   3. has applied for a work permit under section 200 or 201 of the Regulations.
3. The foreign national
   1. is a national of Haiti in Canada with valid temporary resident status;
   2. has applied for
      1. an extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations, or
      2. a temporary resident permit; and
   3. has applied for a study permit under section 216 or 217 of the Regulations.
4. The foreign national
   1. is a national of Haiti;
   2. is ready to be approved for a permanent resident visa to come to Canada, but is unable to obtain a prescribed passport or travel document as described in section 50(1) of the Regulations; and
   3. is outside of Canada.

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

For foreign nationals who meet the conditions listed in 1)

• Subsection 298(1) – the requirement to pay an application processing fee for a temporary resident 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 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 the conditions listed in 2)

• Paragraphs 199(a)-(i)– the requirements that a foreign national must meet in order to apply for a work permit after entering Canada;
• Paragraph 200(1)(c)– the requirement to be described under this paragraph of the Regulations
• Subsection 298(1) – the requirement 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 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 the conditions listed in 3)

• Section 213– the requirement to apply for a study permit before entering Canada;
• Paragraphs 215(1)(a)-(g)– the requirements that a foreign national must meet in order to apply for a study permit after entering Canada
• Subsection 298(1) – the requirement to pay an application processing fee for a temporary resident permit;
• Subsection 300(1) – the requirements to pay an application processing fee for a study 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 4)

• Subsection 50(1) – the requirement to hold a passport or travel document.

Other Admissibility and Selection Criteria

Foreign nationals eligible under this public policy are subject to all other legislative obligations and admissibility and selection requirements not exempted under this, or another, public policy.

Effective Date and Expiration

This temporary public policy will take effect on November 20, 2024 and will expire on November 19, 2025 at 11:59 pm ET.  This temporary public policy may be revoked at any time, without prior notice.