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Temporary public policy to exempt certain Indigenous Persons and their family members from the requirement to pay fees for processing temporary residence applications and for the collection of biometric information

Background

The introduction of international borders has had profound impacts on First Nations, Inuit, and Métis communities, with ripple effects across many aspects of their lives – familial connections, governance, traditional practices, language preservation, kinship, cultural ties, and economic opportunities.

Concerns with respect to Indigenous mobility across Canada’s international borders with the United States and Greenland (Denmark), and the right to remain in Canada, have long been expressed by Indigenous peoples. Discussions at varying levels gained momentum with the Royal Assent of the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA) in 2021, and the subsequent release of the UNDA Action Plan in June 2023. The Action Plan Measures Shared Priorities chapter 52 (APM SP52) provides a roadmap of actions Canada needs to take in consultation and cooperation with Indigenous Peoples to implement the principles and rights set out in the UN Declaration and to further advance reconciliation in a tangible way.

Among the Plan’s 181 measures, APM SP52 committed the Government of Canada to pursuing:

The legislative framework in the Act presents a number of challenges for Indigenous persons to enter and remain, work or study in Canada. Among the challenges is a framework that results in Indigenous persons who are not Canadian citizens nor permanent residents being defined as foreign nationals. Changing this terminology is a crucial aspect of the work underway to develop and implement a more permanent solution to the challenges associated with Indigenous border crossing in Canada. In the interim, while this important work is ongoing, and for the purpose of this public policy the term “Indigenous person” is defined as an indigenous person who is not a Canadian citizen, nor a permanent resident nor a person registered under the Indian Act. In some instances, “foreign national” must still be used to ensure the necessary exemptions can be applied to effect these measures under the current Act.

Public policy considerations

As Immigration, Refugees and Citizenship Canada (the Department) and the Canada Border Services Agency work to implement the UNDA commitments, this public policy seeks to relieve the financial hardship faced by families divided by Canada’s borders by waiving certain application and biometrics fees.

Therefore, I hereby establish, pursuant to my authority under section 25.2 of the Act, that there are sufficient public policy considerations that justify the granting of exemptions from the requirements of the Regulations listed below to foreign nationals who meet the conditions (eligibility requirements) set out below.

Part 1 - Conditions (eligibility requirements) applicable to Indigenous persons applying for a work permit or study permit or for an extension or restoration of temporary resident status in Canada

Based on public policy considerations, delegated officers may grant an exemption from the provisions of the Regulations that require payment of certain processing fees as well as the fee required for the provision of services in relation to the collection of biometrics information if the foreign national meets the following conditions.

The Indigenous person

  1. is described in Annex A
  2. Is the spouse, common-law partner, child, step-child, daughter-in-law, son-in-law, grandchild, great-grandchild, parent, step-parent, parent-in-law, grandparent, great grandparent, sibling, step-sibling, aunt, uncle, niece or nephew of a person who resides in Canada and is a Canadian Citizen, permanent resident or a person registered under the Indian Act;
  3. has submitted:
    1. one or more of the following applications with a request for consideration under the Temporary public policy to exempt certain Indigenous persons and their family members from temporary residence requirements:
      1. a work permit under section 200 of the Regulations;
      2. a work permit renewal under section 201 of the Regulations;
      3. a study permit under section 216 of the Regulations;
      4. a study permit renewal under section 217 of the Regulations;
      5. an extension of temporary resident status under section 181 of the Regulations; or
      6. restoration of temporary resident status under section 182 of the Regulations; or
    2. one or more of the following applications, if the foreign national has requested facilitation under the Temporary public policy to exempt certain Indigenous persons and their family members from temporary residence requirements and is being considered for a temporary resident permit under section 24 of the Act, or has submitted an application for a temporary resident permit under section 24 of the Act:
      1. a work permit under section 200 of the Regulations; or
      2. a study permit under section 216 of the Regulations.

Part 2 - Conditions (eligibility requirements) applicable to a Indigenous persons applying for a temporary resident permit

Based on public policy considerations, delegated officers may grant an exemption from the provisions of the Regulations, that require payment of certain processing fees as well as the fee required for the provision of services in relation to the collection of biometrics information if the Indigenous person meets the following conditions.

The Indigenous person:

  1. Is described in Annex A;
  2. Is the spouse, common-law partner, child, step-child, daughter-in-law, son-in-law, grandchild, great-grandchild, parent, step-parent, parent-in-law, grandparent, sibling, step-sibling, aunt, uncle, niece or nephew of a of a person who resides in Canada and is a Canadian Citizen, permanent resident or a person registered under the Indian Act; and
  3. Has requested facilitation under the Temporary public policy to exempt certain Indigenous persons and their family members from temporary residence requirements and is being assessed for a temporary resident permit under section 24 of the Act, or has submitted an application for a temporary resident permit under section 24 of the Act.

Part 3 - Conditions (eligibility requirements) applicable to foreign nationals (family member) applying for a work permit or study permit or for an extension or restoration of temporary resident status in Canada

Based on public policy considerations, delegated officers may grant an exemption from the provisions of the Regulations, that require payment of certain processing fees as well as the fee required for the provision of services in relation to the collection of biometrics information if the foreign national meets the following conditions.

The foreign national:

  1. is a family member, per the definition in subsection 1(3) of the Regulations of a person who meets the conditions of Part 1 or Part 2; and
  2. has submitted:
    1. one or more of the following applications with a request for consideration under the Temporary public policy to exempt certain Indigenous persons and their family members from temporary residence requirements:
      1. a temporary resident visa under section 179 of the Regulations;
      2. a work permit under section 200 of the Regulations;
      3. a work permit renewal under section 201 of the Regulations;
      4. a study permit under section 216 of the Regulations;
      5. a study permit renewal under section 217 of the Regulations;
      6. an extension of temporary resident status under section 181 of the Regulations; or
      7. restoration of temporary resident status under section 182 of the Regulations; or
    2. one or more of the following applications, if the foreign national has requested facilitation under the Temporary public policy to exempt certain Indigenous persons and their family members from temporary residence requirements and is being considered for a temporary resident permit under to section 24 of the Act, or has submitted an application for a temporary resident permit under section 24 of the Act:
      1. a work permit under section 200 of the Regulations; or
      2. a study permit under section 216 of the Regulations.

Part 4 - Conditions (eligibility requirements) applicable to foreign national (family member) applying for a temporary resident permit

Based on public policy considerations, delegated officers may grant an exemption from the provisions of the Regulations, that require payment of certain processing fees as well as the fee required for the provision of services in relation to the collection of biometrics information if the foreign national meets the following conditions.

The foreign national:

  1. is a family member, per the definition in subsection 1(3) of the Regulations of a person who meets the conditions of Part 1 or Part 2; and
  2. has requested facilitation under the Temporary public policy to exempt certain Indigenous persons and their family members from temporary residence requirements and is being assessed for a temporary resident permit under section 24 of the Act, or has submitted an application for a temporary resident permit under section 24 of the Act.

Provisions of the Regulations for which an exemption may be granted to foreign nationals who meet the conditions in Part 1 above:

Provisions of the Regulations for which an exemption may be granted to foreign nationals who meet the conditions in Part 2 above:

Provisions of the Regulations for which an exemption may be granted to foreign nationals who meet the conditions in Part 3 above:

Provisions of the Regulations for which an exemption may be granted to foreign nationals who meet the conditions in Part 4 above:

Start and End Dates

This public policy comes into effect on October 10, 2024, and it may be revoked at any time. Applications received under this public policy on or after the day it comes into effect until the day the public policy is revoked will be processed under this public policy.

The Honourable Marc Miller, P.C., M.P.
Minister of Citizenship and Immigration
Dated at Ottawa, this 9 day of October, 2024

Annex A

The objective of these temporary measures is to help reunite certain Indigenous persons with members of their family who already have a right to enter to Canada, i.e. Canadian Citizens, Permanent Residents or persons registered under the Indian Act, while a more permanent solution is developed and implemented. Below are the initial populations that will be eligible under this public policy. The list is based on cases of Indigenous families who have long been separated by Canada’s international border that have been brought to IRCC’s attention. IRCC will continue to hold discussions with First Nations, Inuit and Métis partners and additional groups may be added to this list in the future.

  1. Indigenous persons who are not Canadian citizens, nor permanent residents nor persons registered under the Indian Act and who are:
    1. born in the United States of America or who are citizens of the United States of America and who are:
      1. Members of a Federally Recognized Tribe in the U.S., as defined by the Federally Recognized Indian Tribe List Act (108 Stat. 4791, 4792); or
      2. Citizens of the Manitoba Métis Federation (citizenship in MMF precludes being a member of a Federally Recognized Tribe in the U.S.).

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