Archived – Temporary Public Policy For Foreign Nationals Who Are Family Members Of Canadian Citizens And Permanent Residents Who Fled Violence In Haiti

Background

Throughout the weekend of March 1-4, 2024, heavily armed gangs launched a series of attacks aiming to seize control of key infrastructure in Haiti including police stations, prisons, ports, and airports, in an effort to force the resignation of Prime Minister Ariel Henry. The gangs were successful in overwhelming police forces guarding the National Penitentiary, freeing approximately 4,000 convicts in the process. They have also laid siege to Haiti’s main international airport effectively sealing off all flights into and out of the country. On March 12, 2024, Prime Minister Henry tendered his resignation and called for a transitional government to take over day-to-day governance of the country until such time as a new government could be formed. 

Through assisted departure efforts, the Government of Canada brought Canadian citizens and permanent residents of Canada in Haiti, to safety, along with their foreign national spouses, common-law partners and children.

Public policy considerations

This temporary public policy intends to facilitate access to education systems and the Canadian labour market for those who arrived in Canada following assisted departure, and therefore, provides eligible foreign nationals with the ability to apply for fee-exempt status extensions, study permits and/or open work permits. Facilitating access to the labour market will enable foreign nationals who are in Canada under a temporary status to better support themselves in Canada while the crisis in Haiti is ongoing.  

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)

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 the family member – per the definition of subsection 1(3) of the Regulations – of a Canadian citizen or permanent resident of Canada who left on or after March 1, 2024;
   2. left Haiti on or after March 1, 2024;
   3. arrived in Canada on or before April 26, 2024;
   4. is in Canada with valid temporary resident status; and
   5. 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 the family member – per the definition of subsection 1(3) of the Regulations – of a Canadian citizen or permanent resident of Canada who left on or after March 1, 2024;
   2. left Haiti on or after March 1, 2024;
   3. arrived in Canada on or before April 26, 2024;
   4. is in Canada with valid temporary resident status;
   5. 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
   6. has applied for a work permit under section 200 or 201 of the Regulations.
3. The foreign national:
   1. is the family member – per the definition of subsection 1(3) of the Regulations – of a Canadian citizen or permanent resident of Canada who left Haiti on or after March 1, 2024;
   2. left Haiti on or after March 1, 2024;
   3. arrived in Canada on or before April 26, 2024;
   4. is in Canada with valid temporary resident status;
   5. 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
   6. has applied for a study permit under section 216 or 217 of the Regulations.

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

For foreign nationals who meet the conditions listed in 1)

• Subsection 298(1) – the requirements to pay an application processing fee for a Temporary Resident Permit;
• Subsection 305(1) –  the requirement to pay an application processing fee for an extension of authorization to remain in Canada as a 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 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 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) of the Regulations – the requirements that a foreign national must meet in order to apply for a study permit after entering Canada
• Subsection 298(1) – the requirements 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.

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 public policy comes into effect on May 23, 2024.

Applications received pursuant to this public policy on or after the coming into effect date and before the expiry date, or the revocation of the public policy will be processed under this public policy.

This public policy will expire November 19, 2024, and may be revoked at any time without prior notice.