ARCHIVED – Temporary public policy for nationals of Sudan in Canada as temporary residents

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.

Many Sudanese have chosen to come to Canada to visit or spend time with family, study, or work temporarily. Some of these temporary residents may be unable to return home due to the rapidly deteriorating situation. The measures outlined in this public policy will make it easier for those who wish to extend their temporary stay in Canada without fees, and move between temporary resident streams. Recognizing that some foreign nationals in Sudan with outstanding applications for permanent residence may have lost their passports due to the hostilities, travel document requirements are also being waived for this cohort in certain circumstances.

As such, I hereby establish, pursuant to my authority under section 25.2 of the Act, that there are sufficient public policy considerations that justify the granting of an exemption from the provisions of the Act and Regulations to foreign nationals who meet the conditions (eligibility requirements) set out below.

Conditions (eligibility requirements):

Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Regulations identified if:

1. The foreign national
   1. Is a national of Sudan in Canada with valid temporary resident status; and
   2. Has applied for
      1. an extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations, or
      2. a temporary resident permit.
2. The foreign national
   1. Is a national of Sudan in Canada with valid temporary resident status;
   2. Has applied for
      1. an extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations, or
      2. a temporary resident permit; and
   3. Has applied for a work permit under section 200 or 201 of the Regulations.
3. The foreign national
   1. Is a national of Sudan in Canada with valid temporary resident status;
   2. Has applied for
      1. an extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations, or
      2. a temporary resident permit; and
   3. has applied for a study permit under section 216 or 217 of the Regulations from within Canada.
4. The foreign national
   1. Is a national of Sudan;
   2. Is ready to be approved for a permanent resident visa to come to Canada, but is unable to obtain a prescribed passport or travel document as described in section 50(1) of the Regulations; and
   3. Is outside of Canada.

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

For foreign nationals who meet the conditions listed in 1)

• Subsection 298(1) – the requirement to pay an application processing fee for a temporary resident permit;
• Subsection 305(1) – the requirements to pay an application processing fee for an extension of authorization to remain in Canada as temporary resident;
• 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) of the Regulations – the requirements that a foreign national must meet in order to apply for a work permit after entering Canada;
• Paragraph 200(1)(c) of the Regulations – the requirement to be described under this paragraph of the Regulations;
• Subsection 298(1) – the requirement to pay an application processing fee for a temporary resident permit;
• Subsection 299(1) – the requirement 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 of the Regulations – the requirement to apply for a study permit before entering Canada;
• Paragraphs 215(1)(a)-(g) of the Regulations – the requirements that a foreign national must meet in order to apply for a study permit after entering Canada;
• Subsection 298(1) – the requirement to pay an application processing fee for a temporary resident permit;
• Subsection 300(1) – the requirement 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 condition 4):

• Subsection 50(1) – the requirement to hold a passport or travel document.

Other Admissibility and Selection Criteria

Foreign nationals eligible under this public policy are subject to all other legislative obligations and admissibility and selection requirements not exempted under this, or another, public policy.

Effective Date and Expiration

This public policy comes into effect 48 hours (2 days) after the date of signature.

This public policy applies to temporary resident applications received on or after the date this public policy comes into effect, and permanent resident visa applications that were received on or after this public policy takes effect, or were pending on that date.

This public policy will expire 180 days after the date of signature, and may be revoked at any time without prior notice.