ARCHIVED: Updated temporary public policy for the issuance of permanent resident visas for families of Afghan nationals who came to Canada under previous public policies

Note: This public policy has expired.

Background

The withdrawal of international forces from Afghanistan, which began on May 1, 2021, has created significant risks with respect to security in that country. The Government of Canada is deeply concerned that individuals left behind will be harmed or killed by the Taliban; in particular, extended family of individuals who worked for or assisted the Government of Canada or the Canadian Armed Forces.

While Afghan nationals who immigrated to Canada following the end of Canada’s combat mission were able to bring their family members to Canada with them, other extended family members may have remained in Afghanistan.

Reports indicate that the Taliban are searching for not only those who worked for the Government of Canada and other allies, but also their extended family members. Although the extent of the threat is unclear at the moment, it is likely that these extended family members face an increased risk due to their relationship with those who previously assisted Canadian efforts in Afghanistan and who have left the country for Canada.

Public Policy Considerations

In order to facilitate the reunification of Afghan nationals who came to Canada based on their association with the Canadian Armed Forces with extended members of their families who are outside Canada, this public policy will facilitate the issuance of permanent resident visas.

As such, I hereby establish that there are sufficient public policy considerations pursuant to section 25.2 of the Immigration and Refugee Protection Act (the Act), justifying an exemption from provisions of the Act and the Immigration and Refugee Protection Regulations (the Regulations) for up to 5,000 individuals, when foreign nationals meet the conditions (eligibility requirements) described below.

Part 1 - Conditions (eligibility requirements) applicable to the principal applicant:

Based on public policy considerations, when processing an application for a permanent resident visa, delegated officers may grant an exemption from the requirements of the Act and Regulations identified below when a foreign national meets the following conditions.The foreign national:

  1. Is a national of Afghanistan;
  2. Is outside Canada at the time of application;
  3. Was in Afghanistan on or after July 22, 2021;
  4. Has submitted an application for permanent residence using the forms provided by the Department in the application package for this public policy made available on the website of the Department;
  5. Is a child (regardless of age), grandchild, parent, grandparent, or sibling (may include a sibling-in-law if the sibling of the individual granted permanent residence as a principal applicant under one of the public policies listed below is missing and presumed dead, or deceased and was married or in a common-law relationship with the sibling-in-law at the time of disappearance or death, and the sibling in-law is not a spouse or common-law partner of another person) of an individual who was granted permanent residence as a principal applicant under one of the following public policies:
    1. Temporary public policy concerning certain local staff in direct support of the Canadian mission in Kandahar as of October 9th, 2009 ; or
    2. Temporary public policy concerning certain local staff who provided direct support to the Canadian mission in Kandahar as of February 2012;
  6. Has provided a statutory declaration, from an individual who was granted permanent residence as a principal applicant under one of the public policies listed in condition 5, of their relationship; and
  7. Holds a document enumerated at subsection 50(1) of the Regulations or, if they are unable to obtain a document enumerated at subsection 50(1), provides a document described in subsection 178(1) and 178(2) of the Regulations.

Part 2 - Conditions (eligibility requirements) applicable to family members:

Based on public policy considerations, when processing an application for a permanent resident visa, delegated officers may grant an exemption from the requirements of the Act and Regulations identified below when a foreign national meets the following conditions:

  1. The foreign national has been included as an accompanying family member in an application for a permanent resident visa by a principal applicant seeking exemptions under this public policy;
  2. The foreign national meets the definition of family member in subsection 1(3) of the Regulations;
  3. The foreign national holds a document enumerated at subsection 50(1) of the Regulations or if they are unable to obtain a document enumerated at subsection 50(1), provides a document described in subsection 178(1) and 178(2) of the Regulations; and
  4. A delegated officer has determined that the principal applicant meets all of the above conditions (eligibility requirements) in Part 1 of this public policy.

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

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

Other statutory eligibility and admissibility requirements:

Foreign nationals eligible under this public policy and their family members are subject to all other applicable statutory eligibility and admissibility requirements not otherwise exempted.

Provincial selection criteria (Quebec)

Applicants wishing to settle in Quebec cannot be issued a permanent resident visa or be granted permanent residence unless Quebec determines that they meet the applicable selection criteria of the province and issues a Certificat de sélection du Quebec (Quebec Selection Certificate).

Start and End dates

This Public Policy replaces the Updated Temporary public policy for the issuance of permanent resident visas for families of Afghan nationals who came to Canada under previous public policies signed on March 16, 2022.

Applications received by IRCC for consideration under the Temporary public policy for the issuance of permanent resident visas for families of Afghan nationals who came to Canada under previous public policies signed on October 25, 2021 and the Updated Temporary public policy for the issuance of permanent resident visas for families of Afghan nationals who came to Canada under previous public policies signed on March 16, 2022, that are pending at the time of the signature of this Public Policy will be processed under this Public Policy.

This temporary public policy takes effect upon my signature, and it may be revoked at any time. The public policy ends once applications for 5,000 foreign nationals have been received (principal applicants and their family members) or April 6, 2023, whichever occurs first.

In calculating the cap, applications received by IRCC for consideration under the Temporary public policy for the issuance of permanent resident visas for families of Afghan nationals who came to Canada under previous public policies signed on October 25, 2021 and the Updated Temporary public policy for the issuance of permanent resident visas for families of Afghan nationals who came to Canada under previous public policies signed on March 16, 2022 will be counted as part of the cap of 5,000 individuals.

All applications received prior to the end or revocation of this public policy will be processed under the public policy.

The Honourable Sean Fraser, P.C., M.P.
Minister of Citizenship and Immigration
Dated at Ottawa, this 23 day of June 2022

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