Archived - Temporary public policy for family members who fled conflict in Sudan

Background

On April 15, 2023, armed conflict erupted between two rival factions in Sudan, resulting in heavy fighting in the capital, Khartoum, and other parts of the country. The security situation in the country has rapidly deteriorated. As of April 20, the UN is reporting that at least 330 civilians have been killed and 3,200 have been injured. At least 10,000 individuals have been displaced from Khartoum, while other residents are sheltering in place. According to the UNHCR, an additional 10,000 – 20,000 refugees have reportedly fled to Chad from western Sudan. Khartoum International Airport has been shut down and all airlines have postponed flights. Hospitals have also been widely affected, with reports suggesting that one-third of Sudan’s health facilities are not functioning. Critical civilian infrastructure has been significantly damaged.

An evacuation operation is underway to bring Canadian citizens and permanent residents of Canada in Sudan, to safety, and it is understood that foreign national spouses, common-law partners and children will be accompanying them in evacuating the country.

The intention of this public policy, in light of the deteriorating situation in Sudan and evolving operational reality, is to exempt eligible foreign national family members who have left Sudan since the violence erupted from the requirement to pay the applicable Temporary Resident Visa and Temporary Resident Permit processing fee, as well as fees for the provision of services in relation to the collection of biometric information, to facilitate their travel to Canada.

After arrival, eligible foreign nationals under this public policy who have been admitted as temporary residents would have access to apply for fee-exempt open work permits and study permits to aid in their settlement, and, having followed this pathway to settle in Canada, would also receive a fee waiver for their application for permanent residence under the family class, should they choose to make such an application.

Therefore, I hereby establish that there are sufficient public policy considerations that justify the granting, pursuant to section 25.2 of IRPA, exemptions from the requirements of the IRPR 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 Regulationsidentified 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 Sudan on or after April 15, 2023;
   2. is outside of Sudan in a third country;
   3. left Sudan on or after April 15, 2023; and
   4. has submitted an application for a temporary resident visa using the electronic form identified for evacuated family members from Sudan.
2. The foreign national:
   1. is in Canada with valid temporary resident status and
      1. holds a temporary resident visa or temporary resident permit issued after meeting conditions under 1), or
      2. meet conditions 1(i) and (iii);
   2. entered Canada before July 15, 2023; and
   3. has applied for a work permit under section 200 of the Regulations
3.  The foreign national:
   1. is in Canada with valid temporary resident status and
      1. holds a temporary resident visa or temporary resident permit issued after meeting conditions under 1), or
      2. meet conditions 1(i) and (iii);
   2. entered Canada before July 15, 2023; and
   3. has applied for a study permit under section 216 of the Regulations
4. The foreign national:
   1. is in Canada with valid temporary resident status and
      1. holds a temporary resident visa or temporary resident permit issued after meeting conditions under 1), or
      2. meet conditions 1(i) and (iii);
   2. entered Canada before July 15, 2023; and
   3. has applied for a Permanent Resident Visa as a member of the Family Class or for permanent residence under the spouse or common-law partner in Canada class.

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

For foreign nationals who meet the conditions listed in 1)

• Subsection 296(1) - the requirements to pay an application processing fee for a Temporary Resident Visa;
• Subsection 298(1) – the requirements to pay an application processing fee for a Temporary Resident Permit;
• Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information.

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 299(1) – the requirements to pay an application processing fee for a work permit;
• Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information

For foreign nationals who meet the conditions listed in 3)

• Section 213 – the requirement to apply for a study permit before entering Canada;
• Subsection 300(1) – the requirements to pay an application processing fee for a study permit;
• Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information.

For foreign nationals who meet the conditions listed in 4)

• Paragraph 295 (1)(a) – the requirements to pay an application processing fee for a Permanent Resident Visa as a member of the Family Class;
• Subsection 301(1)(a) – the requirements to pay an application processing fee for permanent residence under the spouse or common-law partner in Canada class
• Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information.

Other Admissibility and Selection Criteria

Foreign nationals eligible under this public policy are subject to all other applicable eligibility and admissibility requirements unless exempted by this temporary public policy or another public policy.

Effective Date and Expiration

This temporary public policy will take effect 24 hours after signature and will expire one year after signature. This temporary public policy may be revoked at any time, without prior notice.

Sean Fraser, P.C., M.P.
Minister of Citizenship and Immigration
Dated at Ottawa, this 30 day of April 2023