Temporary public policy to facilitate the issuance of permanent resident visas to certain Colombian, Haitian and Venezuelan nationals with family in Canada

Background

In March 2023, Canada committed to welcoming 15,000 persons from the Western Hemisphere to continue expanding safe, regular pathways as an alternative to irregular migration. As part of this commitment, Canada is introducing this new humanitarian pathway to facilitate permanent residence for Colombian, Haitian, and Venezuelan nationals with family in Canada.

The spirit of the commitment focuses on humanitarian relief to prevent dangerous journeys northbound to Canada and the United States. Two of the most pressing humanitarian situations currently in the Americas involve Venezuela and Haiti. Social, political, and economic instability have caused the displacement of millions of nationals from these two countries. In addition, Colombia has experienced an increase in displacement in recent years. These nationals consistently represent a high percentage of the monthly migration through Panama’s Darien Gap and other dangerous transit routes in the region.

This family-based humanitarian pathway will provide an alternative to irregular migration for those who have family in Canada.

Public Policy Considerations

This public policy will facilitate permanent residence visas to nationals of Colombia, Haiti, and Venezuela and their accompanying family members who have relatives in Canada, in support of family reunification and regular migration pathways.

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 the granting of permanent residence or an exemption from provisions of the Act and the Immigration and Refugee Protection Regulations (the Regulations) listed below when a foreign national meets the conditions (eligibility requirements) listed 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 to a foreign national who meets the following conditions:

The foreign national 

1. is a national of Colombia, Haiti, or Venezuela;
2. is in South America or Central America, Mexico, or the Caribbean;
3. is a
   1. spouse or common-law partner of a Canadian citizen or permanent resident (anchor) who meets the requirements in Annex A, who was not granted permanent residence under this public policy; or
   2. child (regardless of age), grandchild, parent, grandparent, or sibling of a Canadian citizen or permanent resident (anchor) who meets the requirements in Annex A, who was not granted permanent residence under this public policy;
4. has provided a statutory declaration from the person referred to in 3i or 3ii (anchor) that attests:
   1. that they have the intention to provide the support as set out in Annex B for the principal applicant and their accompanying family members (as defined in section 1(3) of the Regulations) for one year; and
   2. they have not accepted, and understand they are not to accept, any financial compensation from the foreign national or their family members.
5. has submitted an application for permanent residence by the electronic means made available on the website of the department (online) or with an alternate application format provided by the department if the foreign national or their representative indicated they are unable to apply online;
6. intends to reside in a province or territory other than the province of Quebec; 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 accompanying 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 to a foreign national who meets the following conditions:

The foreign national:

1. has been included as an accompanying family member in an application for a permanent resident visa by a principal applicant who has been found to meet the conditions in Part 1 of this public policy;
2. meets the definition of family member in subsection 1(3) of the Regulations;
3. intends to reside in a province or territory other than the province of Quebec; and
4. 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.

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

• Subparagraph 30(1)(a)(i) of the Regulations– the requirement to submit to a medical exam – only as it applies to a foreign national who is a non-accompanying family member;
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• Paragraph 10(2)(c) of the Regulations —the requirement to indicate the class prescribed by these Regulations for which the application is made;
• Subsection 50(1) of the Regulations – the requirement to hold a passport or travel document;
• Paragraph 70(1)(a) of the Regulations — 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) of the Regulations — the requirement to be a member of an immigration class;
• Paragraph 70(1)(d) of the Regulations — the requirement to meet the selection criteria and other requirements applicable to that class;
• Section 295(1)(c) of the Regulations – the requirement to pay the application fee for processing an application for a permanent resident visa;
• Section 307 of the Regulations – the requirement to pay the application processing fee for examining circumstances under subsection 25.2(1) of the Act; and
• Subsection 315.1(1) of the Regulations – the requirement to pay for the provision of service in relation to the collection of biometric information.

Other eligibility and admissibility requirements:

Foreign nationals and their family members eligible under this public policy are subject to all applicable eligibility and admissibility requirements of the Act and Regulations not otherwise exempted.

Start and end Dates

This public policy revokes and replaces the Temporary Public Policy to Facilitate the Issuance of Permanent Residence Visas to Certain Colombian, Haitian, and Venezuelan Nationals with Family in Canada, signed on October 5, 2023. It takes effect upon signature and will expire on October 5, 2024, or when 6,600 applications have been accepted for processing by Immigration, Refugees and Citizenship Canada after meeting the requirements of a complete application under section 10 of the Regulations, whichever occurs first.

Applications received under the October 5, 2023 public policy will be processed under the revised cap. It may be revoked at any time. All applications received prior to the expiry or revocation of this public policy will be processed under the public policy.

Annex A – Requirements of the Anchor

Anchors must meet the following conditions:

1. is a Canadian citizen or permanent resident;
2. is 18 years of age or older;
3. resides in Canada, outside of the province of Quebec;
4. is not subject to a removal order;
5. is not detained in any penitentiary, jail, reformatory or prison;
6. has not been convicted in Canada of the offence of murder or an offence set out in Schedule I or II to the Corrections and Conditional Release Act, regardless of whether it was prosecuted by indictment, if a period of five years has not elapsed since the completion of the person’s sentence;
7. has not been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence referred to in condition 6, if a period of five years has not elapsed since the completion of the person's sentence imposed under a foreign law
8. is not in default of any sponsorship undertaking or any support payment obligations ordered by or registered with a court;
9. is not in default in respect of the repayment of any debt referred to in subsection 145(1) of the Act payable to His Majesty in right of Canada;
10. is not an undischarged bankrupt under the Bankruptcy and Insolvency Act;
11. is not in receipt of social assistance for a reason other than disability; and
12. has not accepted, and understand they are not to accept, any financial compensation from the foreign national and their accompanying family members.

Exception:

Condition 6: an application may not be refused on the basis of a conviction in respect of which a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal.

Annex B – Intention to support principal applicant and accompanying family members

Anchors must attest to their intention to provide the following supports by signing a statutory declaration included within the application package:

• Meet principal applicants and accompanying family members at the airport and transport to the final destination;
• Provide orientation to life in Canada (e.g., public transportation, banking, shopping, rights and responsibilities, etc.);
• Provide support for their basic needs, including food, clothing, housing and other basic necessities of life, as well as dental care, eye care and other health needs not covered by public health services for one year; and
• Assist with:
  • finding housing, including immediate temporary housing and long-term housing
  • coordinating interpretation services
  • enrolling in provincial and federal programs and benefits (e.g., healthcare, Social Insurance Number, Canada Child Benefit)
  • finding family physician, dentist, eye care and with arrangements for any additional medical needs
  • enrolling children in school and/or child care
  • accessing information and orientation services
  • accessing language training services for adults
  • accessing employment-related services to assist in finding employment
  • accessing other settlement services as needed

In addition, the Canadian citizen or permanent resident must attest that they have not accepted, and understand they are not to accept, any financial compensation from the foreign national and their family members.