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Updated: Temporary public policy to facilitate permanent residence to certain foreign nationals affected by the conflict in Sudan with family in Canada

Background

An armed conflict between rival factions of the military government of Sudan began on April 15, 2023, resulting in heavy fighting in Khartoum and other parts of the country. Thousands of civilians have been killed or injured since the fighting began. As of February 6, 2024, more than 1.6 million people have fled the country to bordering nations including Central African Republic, Chad, Egypt, Ethiopia and South Sudan while more than six million have been internally displaced.

The Government of Canada has introduced a number of temporary facilitative measures to support those seeking safety in Canada, including the loved ones of Canadian citizens and permanent residents. Canada remains deeply concerned for the well-being of people affected by the conflict in Sudan.

Public Policy Considerations

This public policy will provide a family-based humanitarian pathway to permanent residence for foreign nationals directly affected by the conflict in Sudan who have family in Canada so that they can find safe haven and build their lives in Canada with support for their settlement and integration.

It recognizes that there are Canadian citizens and permanent residents in Canada that have the will and intention to support their extended family members who were residing in Sudan at the time of the conflict. This public policy also grants fee exemptions for the collection of biometrics information to minimize the financial burden for eligible principal applicants and their family members who are affected by this crisis.

As such, I hereby establish that, pursuant to my authority under section 25.2 of the Immigration and Refugee Protection Act (the Act), there are public policy considerations that justify the granting of permanent residence or of an exemption from the provisions of the Act and the Immigration and Refugee Protection Regulations (the Regulations).

Part 1 - Conditions (eligibility requirements) applicable to principal applicants outside Canada

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

The foreign national:

  1. was residing in Sudan on April 15, 2023;
  2. is a person in respect of whom there is no reasonable prospect, within a reasonable period, of a durable solution in a country other than Canada or Sudan, namely
    1. voluntary repatriation or resettlement in their country of nationality or habitual residence, or
    2. resettlement or an offer of resettlement in another country;
  3. has submitted an application for a permanent resident visa under this public policy by the electronic means made available on the Department’s website (online) or with an alternative application format provided by the Department if the foreign national or their representative indicated they are unable to apply online;
  4. intends to reside in a province or territory other than the province of Quebec;
  5. is outside of Canada at the time of application;
  6. has identified
    1. an anchor, who meets the requirements in Annex A, or
    2. in the case of an anchor whose spouse or common-law partner intends for their income to be included to meet the financial requirement described under Option A or C of Annex C, an anchor and their spouse or common-law partner who both meet the requirements in Annex A;
  7. meets one of the following requirements:
    1. is the child (regardless of age), grandchild, parent, grandparent, or sibling of the anchor identified in condition 6 of Part 1,
    2. is the spouse or common-law partner of a foreign national described in condition 7.a. of Part 1 who is unable to leave Sudan, or
    3. is or was, in respect of a foreign national described in condition 7.a. of Part 1 who is missing, presumed dead, or deceased, the spouse or common-law partner, provided they have not since become the spouse or common-law partner of another person;
  8. has provided a statutory declaration from the anchor, and the anchor’s spouse or common-law partner in the case where the spouse or common-law partner intends for their income to be included to meet the financial requirement described under Option A or C of Annex C, which has not subsequently been withdrawn, in which they attest that:
    1. they have the intention to provide the support set out in Annex B for the foreign national and their accompanying family members as defined in section 1(3) of the Regulations, and
    2. they have not accepted, and understand they are not to accept, any financial compensation from the foreign national and their family members; and
  9. 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), provide a document described in subsection 178(1) and 178(2) of the Regulations.

Part 2 - Conditions (eligibility requirements) applicable to principal applicants in Canada

Based on the public policy considerations, delegated officers may grant permanent resident status to a foreign national who meets the conditions listed below. Delegated officers may also grant an exemption from the requirements of the Act and Regulations identified below when a foreign national is being considered for permanent resident status under this Part.

The foreign national:

  1. was residing in Sudan on April 15, 2023;
  2. is a person in respect of whom there is no reasonable prospect, within a reasonable period, of a durable solution in a country other than Canada or Sudan, namely
    1. voluntary repatriation or resettlement in their country of nationality or habitual residence, or
    2. resettlement or an offer of resettlement in another country;
  3. has submitted an application for permanent resident status under this public policy by the electronic means made available on the Department’s website (online) or with an alternative application format provided by the Department if the foreign national or their representative indicated they are unable to apply online;
  4. intends to reside in a province or territory other than the province of Quebec;
  5. is physically present in Canada at the time when an application for permanent residence under this public policy is made, and at the time of granting of permanent residence;
  6. has identified
    1. an anchor, who meets the requirements in Annex A, or
    2. in the case of an anchor whose spouse or common-law partner intends for their income to be included to meet the financial requirement described under Option A or C of Annex C, an anchor and their spouse or common-law partner who both meet the requirements in Annex A;
  7. meets one of the following requirements:
    1. is the child (regardless of age), grandchild, parent, grandparent, or sibling of the anchor identified in condition 6 of Part 2,
    2. is the spouse or common-law partner of a foreign national described in condition 7. a. of Part 2 who is unable to leave Sudan, or
    3. is or was, in respect of a foreign national described in condition 7. a. of Part 2 who is missing, presumed dead, or deceased, the spouse or common-law partner, provided they have not since become the spouse or common-law partner of another person;
  8. has provided a statutory declaration from the anchor, and the anchor’s spouse or common-law partner in the case where the spouse or common-law partner intends for their income to be included to meet the financial requirement described under Option A or C of Annex C, which has not subsequently been withdrawn, in which they attest that:
    1. they have the intention to provide the support set out in Annex B for the foreign national and their accompanying family members as defined in section 1(3) of the Regulations, and
    2. they have not accepted, and understand they are not to accept, any financial compensation from the foreign national and their accompanying family members;
  9. 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), provide a document described in subsection 178(1) and 178(2) of the Regulations;
  10. has valid temporary resident status in Canada; and
  11. is not inadmissible pursuant to the Act and Regulations, other than for being inadmissible for financial reasons.

Part 3 - Conditions (eligibility requirements) applicable to family members outside Canada

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

The foreign national:

  1. has been included as an accompanying family member in an application for a permanent resident visa or for permanent resident status by an applicant who has been found to meet the conditions in Part 1 or Part 2 of this public policy respectively;
  2. meets the definition of family member in subsection 1(3) of the Regulations;
  3. is outside of Canada at the time of application;
  4. intends to reside in a province or territory other than the province of Quebec;
  5. 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 4 - Conditions (eligibility requirements) applicable to family members in Canada

Based on public policy considerations, a delegated officer may grant permanent resident status to a foreign national who meets the conditions listed below. Delegated officers may also grant an exemption from the requirements of the Act and Regulations identified below when a foreign national is being considered for permanent resident status under this Part.

The foreign national:

  1. has been included as an accompanying family member in an application for a permanent resident visa or for permanent resident status by a principal applicant who has been found to meet the conditions in Part 1 or Part 2 of this public policy respectively;
  2. meets the definition of family member in subsection 1(3) of the Regulations;
  3. is in Canada and has valid temporary resident status in Canada; and
  4. is not inadmissible pursuant to the Act and Regulations, other than for being inadmissible for financial reasons.

Provisions of the Act and Regulations for which an exemption may be granted to a principal applicant outside Canada (Part 1)

Provisions of the Regulations for which an exemption may be granted to a principal applicant in Canada (Part 2):

Provisions of the Act and Regulations for which an exemption may be granted to family members outside Canada (Part 3)

Provisions of the Regulations for which an exemption may be granted to family members in Canada (Part 4):

Other Admissibility and Selection Criteria

A foreign national and their family member(s) eligible under this public policy under Part 1 or Part 3 are subject to all other applicable eligibility and admissibility requirements of the Act and Regulations not otherwise exempted.

Fees

Any applicable fees not otherwise exempted, including fees for examining the circumstances under subsection 25.2(1) of the Act of a foreign national who applies for permanent resident status or for a permanent resident visa, must be paid.

Start and End Dates

This temporary public policy will come into effect on February 27, 2024. This public policy revokes and replaces the Temporary public policy to facilitate permanent residence to certain foreign nationals affected by the conflict in Sudan with family in Canada signed on December 27, 2023. The public policy ends one year after taking effect or once 3,250 applications (principal applicants) have been accepted for processing by Immigration, Refugees and Citizenship Canada, whichever comes first. It may be revoked at any time. All applications accepted for processing prior to the expiry or revocation of this public policy will be processed under this public policy.

The Hon. Marc Miller, P.C., M.P
Minister of Immigration, Refugees and Citizenship
Dated at Ottawa, this 21st day of February 2024

Annex A - Conditions (eligibility requirements) applicable to the anchor

The anchor:

  1. is a Canadian citizen or permanent resident who is 18 years of age or older;
  2. resides in Canada, outside of the province of Quebec;
  3. meets the financial requirement as described under Option A, B or C of Annex C;
  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.

Exceptions

  1. For the purpose of 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 – Statutory Declaration

  1. The anchor, and the spouse or common-law partner of the anchor if the spouse or common-law partner intends for their income to be included to meet the financial requirement as described under Option A or C of Annex C, per condition 6 of Part 1 or condition 6 of Part 2, must submit a statutory declaration attesting to their intention to provide to the foreign national and accompanying family members for one year, as required, the following support:
    • Meet them at the airport and transport to their final destination;
    • Provide orientation to life in Canada (e.g., public transportation, banking, shopping, rights and responsibilities, etc.);
    • Provide financial support for their basic needs, including housing, food, clothing, and other basic necessities of life, as well as dental care, eye care and other health needs not covered by public health insurance;
    • Assist with:
      • coordinating interpretation services,
      • identifying temporary and permanent accommodation,
      • enrolling in provincial and national programs and benefits (e.g., healthcare insurance, Social Insurance Number, Canada Child Benefit, etc.),
      • finding family physician, dentist, optometrist and with arrangements for any additional medical needs,
      • enrolling children in school or child care,
      • enrolling adults in language training, and
      • accessing support services to find employment.

Annex C –Financial Requirement

Option A: Minimum necessary income

  1. The minimum necessary income is the amount identified, in the most recent edition of the publication concerning low income cut-offs that is published annually by Statistics Canada under the Statistics Act, for urban areas of residence of 500,000 persons or more as the minimum amount of before-tax annual income necessary to support a group of persons equal in number on the date of filing of the application to the total number of the following persons:
    1. the anchor and their family members
    2. the foreign national and their accompanying family members, and
    3. every other person, and their family members,
      1. in respect of whom the anchor has given or co-signed an undertaking given under the Act that is still in effect, and
      2. in respect of whom the anchor’s spouse or common-law partner has given or co-signed an undertaking given under the Act that is still in effect, if the anchor spouse or common-law partner has submitted a statutory declaration to support in respect of the foreign national(s) referred to in paragraph (b).
    4. every other person,
      1. in respect of whom the anchor has submitted a statutory declaration to support foreign national(s) under this public policy, not included in paragraph (b), that is in processing or approved, provided the period of declared intent to support has not expired, and
      2. in respect of whom the anchor’s spouse or common-law partner has submitted a statutory declaration to support foreign national(s) under this public policy, not included in paragraph (b), that is in processing or approved, provided the period of declared intent to support has not expired.
  2. The anchor’s total income shall be calculated in accordance with the following rules:
    1. the anchor’s income shall be calculated on the basis of the income earned as reported in the notices of assessment, or an equivalent document, issued by the Minister of National Revenue in respect of the taxation year immediately preceding the date of filing of the permanent resident application;
    2. the anchor’s income is the income earned as reported in the documents referred to in paragraph (a), not including:
      1. any provincial allowance received by the anchor for a program of instruction or training,
      2. any social assistance received by the anchor from a province,
      3. any financial assistance received by the anchor from the Government of Canada under a resettlement assistance program,
      4. any amounts paid to the anchor under the Employment Insurance Act, other than special benefits,
      5. any monthly guaranteed income supplement paid to the anchor under the Old Age Security Act, and
      6. any Canada child benefit paid to the anchor under the Income Tax Act; and
    3. if the anchor’s spouse or common-law partner has submitted a statutory declaration to support foreign national(s) under this public policy, their income, as calculated in accordance with paragraphs (a) and (b), with any modifications that the circumstances require, shall be included in the calculation of the anchor’s income.

Option B: Minimum necessary funds

  1. The minimum necessary funds is an amount held in an in-trust account of Canadian financial institution accessible to the foreign national once granted permanent residence equal to the amount in the table below that is required to support a group of persons equal in number to the foreign national and their accompanying family members as defined in section 1(3) of the Regulations,
    Total number of persons Total funds required
    1 person $9,900
    2 persons $14,950
    3 persons $16,500
    4 persons $18,100
    5 persons $20,450
    6 persons $22,650
    If more than 6 persons, for each additional person, add: $1,900
  2. The anchor’s total funds shall be calculated on the basis of the amount reported in a document issued by a Canadian financial institution before the filing of the application.

Option C: Combination of income and funds

  1. The anchor who does not meet the minimum necessary income requirements described under Option A or the minimum necessary funds under Option B must have funds held in an in-trust account of a Canadian financial institution accessible to the foreign national once granted permanent residence at least equal to the minimum necessary income required, as calculated under section 1 of Option A, less the anchor’s total income, as calculated under section 2 of Option A.
  2. The anchor’s total funds shall be calculated on the basis of the amount reported in a document issued by a Canadian financial institution before the filing of the application.

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