Temporary public policy for the issuance of permanent resident visas for families of Afghan nationals who came to Canada under previous public policies

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.

Public Policy Considerations

In order to facilitate the reunification of Afghan nationals who came to Canada based on their association with the Government of Canada or their work 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) listed below, to up to 1,000 individuals, when foreign nationals meet the conditions (eligibility requirements) described below.

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 of an individual who was previously granted permanent residence as a principal applicant under one of the following public policies:
   1. Special immigration measures for local staff in Kandahar who support Canada’s mission in Kandahar Province, Afghanistan 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 previously granted permanent residence as a principal applicant under one of the public policies listed in conditions 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.

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 permanent residence by a principal applicant 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 conditions (eligibility requirements) to be issued a permanent resident visa pursuant to this public policy.

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

• Paragraph 16(2)(b) of the Act – the requirement to submit to a medical exam - only as it applies to a foreign national who is a non-accompanying family member, when processing the principal applicant’s permanent residence application pursuant to this public policy; and,
• Section 39 – inadmissibility for financial reasons.

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

• Paragraph 10(2)(c) —the requirement to indicate the class prescribed by these Regulations for which the application is made;
• Paragraph 70(1)(a) —the requirement to apply for a permanent resident visa as a member of a class referred to in subsection 70(2) of the Regulations;
• Paragraph 70(1)(c) —the requirement to be a member of an immigration class;
• Paragraph 70(1)(d) —the requirement to meet the selection criteria and other requirements applicable to that class;
• Section 307 – the requirement to pay the application processing fee for examining circumstances under subsection 25.2(1) of the Act;
• Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information; and,
• Subsection 315.1(3) – maximum fee for biometrics collection for a family.

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)

Under the Canada–Québec Accord relating to Immigration and Temporary Admission of Aliens, Quebec has authority to determine the selection criteria that would apply in that province, unless otherwise specified in the Accord. Applicants wishing to settle in Quebec cannot 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.

Start and End dates

This temporary public policy takes effect 45 days after the date of my signature, and it may be revoked at any time. The public policy ends once applications for 1,000 foreign nationals have been received (principal applicants and their family members). All applications received prior to the end or revocation of this public policy will be processed under the public policy.