Public policy to exempt lower-risk Ukrainian nationals applying under CUAET measures from the biometrics collection requirement

Background

Canada remains steadfast in its support of Ukraine’s sovereignty and territorial integrity. As part of the Government of Canada’s response to Russia’s full-scale invasion of Ukraine, Immigration, Refugees and Citizenship Canada (IRCC) introduced the Canada-Ukraine Authorization for Emergency Travel (CUAET) measures. Under the CUAET measures, eligible foreign nationals are able to come to Canada temporarily to live, work and study. While many of the application requirements have been waived, the biometrics collection requirement was maintained for program integrity (screening) and identity management purposes.

The situation in Ukraine has led to large population displacements and generated significant interest in the CUAET from individuals seeking safe haven in Canada. As a result, there has been a dramatic increase in the demand for biometrics appointments. Despite IRCC’s best efforts, the overwhelming demand for the program, coupled with the commitment to expedite application processing, has resulted in the inability of Canada’s overseas service delivery network to keep up with the volume of biometrics collections.

The objective of this public policy is to provide lower-risk Ukrainian nationals who have submitted overseas an application for a temporary resident visa, or for a temporary resident visa and work permit under the CUAET measures with an exemption from the biometrics collection requirement in support of their applications. This measure is expected to sufficiently alleviate overseas biometrics collection capacity issues, enabling IRCC to process applications more quickly.

Public Policy Consideration

In light of the foregoing and pursuant to my authority under section 25.2 of the Immigration and Refugee Protection Act (the Act), I hereby establish that there are sufficient public policy considerations that justify the granting of an exemption from the Immigration and Refugee Protection Regulations (the Regulations) listed below to a foreign national who meets the conditions (eligibility criteria) set out below.

Conditions (eligibility criteria)

Based on the public policy considerations, delegated officers may grant an exemption from the provisions of the Regulations listed below if the following conditions are met:

1. 1. The foreign national:
   1. is a national of Ukraine;
   2. has a pending application for a temporary resident visa, or temporary resident visa and work permit, under the CUAET measures from outside of Canada and biometric information has not yet been provided, or is making a new application for a temporary resident visa, or temporary resident visa and work permit, under the CUAET measures from outside of Canada;
   3. was aged 14 to 17 as of the date on which the application in (b) was made; and
   4. has a parent or guardian who
      1. has made an application for a temporary resident visa, or temporary resident visa and work permit, under the CUAET, or
      2. is a temporary or permanent resident of Canada residing in Canada, or who is traveling with the foreign national to Canada, or
      3. is a citizen of Canada residing in Canada, or who is traveling with the foreign national to Canada.

   or

2. 2. The foreign national:
   1. is a national of Ukraine;
   2. has a pending application for a temporary resident visa, or temporary resident visa and work permit, under the CUAET measures from outside of Canada and biometric information has not yet been provided, or is making a new application for a temporary resident visa, or temporary resident visa and work permit, under the CUAET measures from outside of Canada; and
   3. was aged 61 to 79 as of the date on which the application in (b) was made.

   or

3. 3. The foreign national:
   1. is a national of Ukraine;
   2. has a pending application for a temporary resident visa, or temporary resident visa and work permit, under the CUAET measures from outside of Canada and biometric information has not yet been provided, or is making a new application for a temporary resident visa, or temporary resident visa and work permit, under the CUAET measures from outside of Canada; and
   3. was previously approved for a temporary resident visa, within the last 10 years from the date on which the application in (b) was received.

Provisions of the Regulations for which an exemption may be granted to a foreign national who meets the conditions in 1, 2, or 3:

• Paragraph 12.1(d) of the Regulations – an application for a temporary resident visa;
• Paragraph 12.1(h) of the Regulations – an application for a work permit or renewal of a work permit.

Other admissibility and selection criteria

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

Effective date and expiration

This public policy takes effect on the day on which it is signed and expires on March 31, 2023. It may be revoked at any time without prior notice. Any application pending at the time that the public policy is revoked will be processed under this public policy.