Temporary public policy to facilitate access to temporary residence for certain Ukrainians and their family members who have applied under the temporary public policy to grant permanent residence to certain Ukrainian nationals with family in Canada

Background

Since Russia’s full-scale invasion of Ukraine in February 2022, Canada has upheld steadfast support of Ukraine’s sovereignty and territorial integrity against ongoing Russian aggression, and support for the people of Ukraine.

On October 22, 2023, IRCC introduced the Temporary public policy to grant permanent residence to certain Ukrainian nationals with family in Canada, to allow Ukrainian nationals in Canada to remain with their families permanently (family-based permanent residence pathway). To qualify, Ukrainian nationals must be in Canada with temporary resident status, or have the ability to restore it, and have family in Canada. Over 13,000 applications were received and close to 24,000 individuals are seeking permanent residence or a permanent resident visa under this public policy. However, not all of these individuals will be able to remain in Canada with valid temporary resident status and have access to work and study permits, while their permanent residence application is being processed. Some of these individuals are not eligible for current in-Canada facilitation measures for Canada-Ukraine Authorization for Emergency Travel (CUAET) holders who arrived in Canada prior to March 31, 2024.

Public Policy Considerations

This public policy provides Ukrainian nationals and their family members who have applied under the family-based permanent residence pathway with a means to maintain or restore their temporary resident status, attend school, and continue to support their families while their application for permanent residence is in process.

Therefore, I hereby establish, pursuant to my authority under section 25.2 of the Immigration and Refugee Protection Act (the Act), that there are sufficient public policy considerations that justify the granting of exemptions from the requirements of the Act and the Immigration and Refugee Protection Regulations (the Regulations) listed below 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 Act and Regulations identified below when a foreign national meets the following conditions:

1. The foreign national:
   1. is in one of the following situations:
      1. is a national of Ukraine; or
      2. is or was the spouse or common-law partner of a national of Ukraine;
   2. has made an application for the Temporary public policy to grant permanent residence to certain Ukrainian nationals with family in Canada, that has been accepted into processing and has not been withdrawn or refused;
   3. has submitted an application for:
      1. a work permit under section 200 of the Regulations; or
      2. a work permit renewal under subsection 201(1) of the Regulations; or
      3. a study permit under section 216 of the Regulations; and
   4. is in Canada and:
      1. has valid temporary resident status, or
      2. submitted an application to restore their temporary resident status under subsection 182(1) of the Regulations, within 90 days of having lost that status.
2. The foreign national:
   1. is a family member – per the definition in subsection 1(3) of the Regulations – of a foreign national who has applied and has been found to meet the conditions listed in 1;
   2. has been included as an accompanying family member in an application for permanent residence referred to in 1. ii.;
   3. has submitted an application for:
      1. a work permit under section 200 of the Regulations; or
      2. a work permit renewal under subsection 201(1) of the Regulations; or
      3. a study permit under section 216 of the Regulations; and
   4. is in Canada and has:
      1. valid temporary resident status, or
      2. submitted an application to restore their temporary resident status under subsection 182(1) of the Regulations, within 90 days of having lost that status.
3. The foreign national:
   1. meets the requirements of 1. i. and ii.; or 2. i. and ii.;
   2. had valid temporary resident status at the time the application in 1. ii. or 2. ii. was made and subsequently lost that status or had lost temporary resident status within the past 90 days of making the application in 1.ii. or 2.ii.;
   3. has
      1. applied in Canada on or before March 31, 2026, for restoration of their temporary resident status, under subsection 182(1) of the Regulations, which has not been refused; or
      2. applied in Canada on or before March 31, 2026, for restoration of their temporary resident status, under subsection 182(1) of the Regulations, which has not been refused; and applied for
         1. a work permit under 200 of the Regulations; or
         2. a study permit under section 216 of the Regulations.

Provisions of the Regulations for which an exemption, if applicable, may be granted to foreign nationals who meet the conditions listed in 1 or 2 above:

• Paragraphs 199(a) to (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;
• 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.

Provisions of the Act and Regulations for which an exemption, if applicable, may be granted to foreign nationals who meet the conditions listed in 3 above:

• Paragraph 41(a) of the Act – the requirement not to be inadmissible for failing to comply with the Act, as long as the non-compliance only relates to overstaying the period authorized for their stay, or working or studying without authorization;
• Subsection 182(1) of the Regulations – the requirement for a visitor, worker or student to apply for restoration within 90 days after losing temporary resident status;
• Paragraphs 199(a) to (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;
• Paragraph 200(3)(e) of the Regulations – the requirement that a work permit not be issued to a foreign national who has engaged in unauthorized study or work in Canada or has failed to comply with a condition of a previous permit or authorization, unless they engaged in unauthorized work for an employer described in section 196.1 of the Regulations;
• Section 213 of the Regulations – the requirement to apply for a study permit before entering Canada;
• Paragraphs 215(1)(a) to (g) of the Regulations – the requirements that a foreign national must meet in order to apply for a study permit after entering Canada.

Other admissibility and selection criteria

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

Effective date and expiration

This public policy takes effect 30 days after signature and expires on March 31, 2027. This public policy may be revoked at any time. Applications which were received under this public policy on or after the day it comes into effect until the day the public policy is revoked or expires will be processed under this public policy.