Updated: Temporary public policy for foreign nationals who are family members of Canadian citizens and permanent residents who left Israel or the Palestinian Territories on or after October 7, 2023

Background

On October 7, 2023, Hamas militants in Gaza launched an attack on Israel, killing approximately 1,200 civilians and taking over 240 people hostage. In response, the Government of Israel has undertaken a series of sustained attacks in Gaza seeking to neutralize the threat posed by Hamas. The escalating conflict has resulted in the death or injury of thousands of people in Gaza, displaced more than one million people, and threatened regional stability.

The Government of Canada has facilitated the assisted departure of Canadian citizens and permanent residents of Canada out of Israel, West Bank, and Gaza, along with their eligible foreign national family members, to bring them to safety.

Public policy conditions

This temporary public policy intends to facilitate access to education systems and the Canadian labour market for the eligible foreign national family members of Canadian citizens or permanent residents who have left Israel or the Palestinian Territories as a result of the crisis in the region. This includes those that have been or will be part of the assisted departures organized by the Government of Canada.

Once in Canada, foreign nationals eligible under this public policy may 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 Israel and the Palestinian Territories 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 Israel or the Palestinian Territories on or after October 7, 2023;
   2. left Israel or the Palestinian Territories on or after October 7, 2023;
   3. is in Canada with valid temporary resident status; and
   4. 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 Israel or the Palestinian Territories on or after October 7, 2023;
   2. left Israel or the Palestinian Territories on or after October 7, 2023;
   3. is in Canada with valid temporary resident status; and
   4. 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
   5. 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 Israel or the Palestinian Territories on or after October 7, 2023;
   2. left Israel or the Palestinian Territories on or after October 7, 2023;
   3. is in Canada with valid temporary resident status; and
   4. 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
   5. has applied for a study permit under section 216 or 217 of the Regulations.
4. The foreign national:
   1. either
      1. was issued a temporary resident visa following facilitation under the Temporary Public Policy to Facilitate Temporary Resident Visas for Certain Extended Family affected by the Crisis in Gaza;
      2. was issued a temporary resident visa based on exemptions from the Act or Regulations granted by a delegated officer on humanitarian and compassionate grounds between January 9 and June 30, 2024 and is a family member – per the definition of subsection 1(3) of the Regulations – of a foreign national who holds a passport or other document issued by the Palestinian authority; or
      3. was issued a temporary resident permit by a designated officer between January 9 and June 30, 2024 and is a family member – per the definition of subsection 1(3) of the Regulations – of a foreign national who holds a passport or other document issued by the Palestinian authority;
   2. is in Canada with valid temporary resident status; and
   3. 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.
5. The foreign national:
   1. either
      1. was issued a temporary resident visa following facilitation under the Temporary Public Policy to Facilitate Temporary Resident Visas for Certain Extended Family affected by the Crisis in Gaza;
      2. was issued a temporary resident visa based on exemptions from the Act or Regulations granted by a delegated officer on humanitarian and compassionate grounds between January 9 and June 30, 2024 and is a family member – per the definition of subsection 1(3) of the Regulations – of a foreign national who holds a passport or other document issued by the Palestinian authority; or
      3. was issued a temporary resident permit by a designated officer between January 9 and June 30, 2024 and is a family member – per the definition of subsection 1(3) of the Regulations – of a foreign national who holds a passport or other document issued by the Palestinian authority;
   2. is in Canada with valid temporary resident status; and
   3. 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
   4. has applied for a work permit under section 200 or 201 of the Regulations.
6. The foreign national:
   1. either
      1. was issued a temporary resident visa following facilitation under the Temporary Public Policy to Facilitate Temporary Resident Visas for Certain Extended Family affected by the Crisis in Gaza;
      2. was issued a temporary resident visa based on exemptions from the Act or Regulations granted by a delegated officer on humanitarian and compassionate grounds between January 9 and June 30, 2024 and is a family member – per the definition of subsection 1(3) of the Regulations – of a foreign national who holds a passport or other document issued by the Palestinian authority; or
      3. was issued a temporary resident permit by a designated officer between January 9 and June 30, 2024 and is a family member – per the definition of subsection 1(3) of the Regulations – of a foreign national who holds a passport or other document issued by the Palestinian authority;
   2. is in Canada with valid temporary resident status; and
   3. 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
   4. 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 requirement 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

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 requirement to pay an application processing fee for a work permit

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 requirement to pay an application processing fee for a study permit

For foreign nationals who meet the conditions listed in 4)

• Subsection 298(1) – the requirement 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

For foreign nationals who meet the conditions listed in 5)

• 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 requirement to pay an application processing fee for a work permit

For foreign nationals who meet the conditions listed in 6)

• 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 requirement to pay an application processing fee for a study permit

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 March 8, 2024. On coming into effect, this public policy revokes and replaces the Temporary public policy for foreign nationals who are family members of Canadian citizens and Permanent Residents who left Israel or the Palestinian Territories on or after October 7, 2023, which was signed on December 16, 2023.

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 June 12, 2024, and may be revoked at any time without prior notice.