Temporary public policy to grant permanent residence to certain Ukrainian nationals with family in Canada

Background

The invasion of Ukraine by Russian forces has severely disrupted and endangered the lives of Ukrainian nationals. The Government of Canada is concerned with the challenge to democracy posed by the invasion of Ukraine and stands in solidarity with the Ukrainian population, including the large diaspora based in Canada.

Many Canadians have family members who have come to Canada as a visitor, worker, or student either because of pre-existing plans or due to the conflict in Ukraine and wish to remain permanently in Canada.

Public Policy Considerations

To support family reunification for those affected by the invasion of Ukraine, this public policy will facilitate the granting of permanent residence to certain in-Canada Ukrainian foreign nationals, and their family members, with family in Canada who are Canadian citizens or permanent residents. It will also facilitate the issuance of permanent resident visas to their eligible family members outside Canada.

As such, I hereby establish that there are sufficient public policy considerations pursuant to section 25.2 of the Immigration and Refugee Protection Act (the Act), justifying the granting of permanent residence or an exemption from provisions of the Immigration and Refugee Protection Regulations (the Regulations) listed below when a foreign national meets the conditions (eligibility requirements) listed below.

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

Based on public policy considerations, when processing an application for permanent residence, delegated officers may grant an exemption from the requirements of the Act and Regulations identified below to a foreign national who meets the following conditions:

1. The foreign national:
   1. is being considered for permanent residence under Part 2 or Part 3 of this public policy.

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

Based on public policy considerations, delegated officers may grant permanent residence to a foreign national who meets the following conditions:

2. The foreign national
   1. is a national of Ukraine;
   2. is physically present in Canada at the time the application for permanent residence under this public policy is submitted;
   3. has valid temporary resident status in Canada; or had valid status in Canada, but that status expired within the previous 90 days, and has applied to restore their status;
   4. is a
      1. spouse or common-law partner of a Canadian citizen or permanent resident who is 18 years or older, who was not granted permanent residence under this public policy and resides in Canada; or
      2. child (regardless of age), grandchild, parent, grandparent, or sibling of a Canadian citizen or permanent resident who is 18 years or older, who was not granted permanent residence under this public policy and resides in Canada;
   5. has provided a statutory declaration - from the Canadian citizen or permanent resident, described in (d) - that attests to their relationship with the foreign national described in condition (d);
   6. 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;
   7. has submitted an application for permanent residence by the electronic means made available on the department’s website (online) or with an alternate application format provided by the department if the foreign national or their representative indicated they are unable to apply online;
   8. is not inadmissible pursuant to the Act and Regulations, other than for being inadmissible for financial reasons; and
   9. is physically present in Canada at the time of granting of permanent residence.

Part 3 - Conditions (eligibility requirements) applicable to the principal applicant in Canada

Based on public policy considerations, delegated officers may grant permanent residence to a foreign national who meets the following conditions:

3. The foreign national
   1. meets one of the following requirements:
      1. is the spouse or common law partner of a foreign national described in (d)(ii) of Part 2, where the foreign national described in (d)(ii) of Part 2 is unable to leave Ukraine; or
      2. is or was the spouse or common-law partner of a foreign national described in (d)(ii) of Part 2 who is missing, presumed dead or deceased and the foreign national has not become the spouse or common-law partner of another person since leaving Ukraine;
   2. is physically present in Canada at the time the application for permanent residence under this public policy is submitted;
   3. has valid temporary resident status in Canada; or had valid status in Canada, but that status expired within the previous 90 days, and has applied to restore their status;
   4. has provided a statutory declaration - from the Canadian citizen or permanent resident, described in (d) of Part 2 - that attests to their relationship with the foreign national described in condition (d) of Part 2;
   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;
   6. has submitted an application for permanent residence by the electronic means made available on the department’s website (online) or with an alternate application format provided by the department if the foreign national or their representative indicated they are unable to apply online;
   7. is not inadmissible pursuant to the Act and Regulations, other than for being inadmissible for financial reasons; and
   8. is physically present in Canada at the time of granting of permanent residence.

Part 4 - Conditions (eligibility requirements) applicable to family members in Canada

Based on public policy considerations, delegated officers may grant permanent residence to a foreign national who meets the following conditions:

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

Part 5 – Conditions (eligibility requirements) applicable to family members outside Canada

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

5. The foreign national
   1. has applied for a permanent resident visa under section 70 of the Regulations;
   2. is outside Canada at the time when an application for permanent residence referred to in (a) was submitted; and
   3. has been included as an accompanying family member, as defined in subsection 1(3) of the Regulations, in an application for permanent residence by a principal applicant who has been found to meet the conditions in Part 2 or 3 of this public policy and who has been granted permanent residence in Canada.

Provisions of the Act and Regulations for which an exemption may be granted

For foreign nationals who meet the conditions listed in 1:

• The requirement in Paragraph 16(2)(b) of the Act and subparagraph 30(1)(a)(i) of the Regulations– for the non-accompanying family members of a foreign national who is applying for a permanent resident visa or to remain in Canada as a permanent resident to submit to a medical examination.

For foreign nationals who meet the conditions listed in 5:

• Section 39 of the Act– the requirement for a foreign national not to be inadmissible for financial reasons;
• Paragraph 10(2)(c) of the Regulations —the requirement to indicate the class prescribed by these Regulations for which the application is made;
• Subsection 50(1) of the Regulations – the requirement to hold a passport or travel document;
• Paragraph 70(1)(a) of the Regulations —the requirement to apply for a permanent resident visa as a member of a class referred to in subsection 70(2) of the Regulations;
• Paragraph 70(1)(c) of the Regulations —the requirement to be a member of an immigration class; and
• Paragraph 70(1)(d) of the Regulations —the requirement to meet the selection criteria and other requirements applicable to that class.

Other eligibility and admissibility requirements

Foreign nationals eligible under Part 5 of this public policy are subject to all applicable eligibility and admissibility requirements of the Act and Regulations not otherwise exempted.

Fees

Any applicable fees, including fees for processing an application for permanent residence under subsection 25.2(1) of the Act, fees in relation to the collection of biometric information, and the Right of Permanent Residence Fee, must be paid.

Provincial selection criteria (Quebec)

Applicants wishing to settle in Quebec will be subject to the Province of Quebec’s selection criteria further to subsection 25.2(3) of the Act, and cannot be granted permanent residence unless the Province of Quebec determines that they meet the applicable selection criteria of that province.

Therefore, with respect to an application under this public policy from a foreign national who identifies that they intend to reside in the Province of Quebec, once an officer has identified that the foreign national satisfies the conditions set out in any of parts 2 through 5, the foreign national:

• must obtain a Certificat de Sélection du Québec from the Province of Quebec before they can be granted permanent residence, or a permanent resident visa, under this public policy.

Approval in principle

Once a delegated officer assesses that a foreign national meets conditions 2.a) to 2.g) in Part 2 or conditions 3.a) to 3.f) in Part 3 above, applicable to principal applicants, the delegated officer will approve the application in principle (first stage approval) under this public policy. For greater certainty, those with known inadmissibilities will not receive approval in principle. A final assessment of admissibility (second stage approval) will be conducted prior to granting of permanent residence.

Effective date and expiration

This temporary public policy will take effect 180 days after the date of signature, and will end one year after coming into effect. It may be revoked at any time. All applications received prior to the expiry or revocation of this public policy will be processed under the public policy.