Immigration measures to support immediate family members of Canadian citizens and permanent residents who have departed Sudan

These instructions provide operational guidance related to immigration measures to support immediate family members of Canadian citizens and permanent residents who have departed Sudan since the violence erupted on April 15, 2023. Under these measures, eligible foreign national family members may be issued a fee-exempt temporary resident permit to facilitate their travel to Canada. Travel must be completed before July 15, 2023. Once in Canada, they would be eligible to apply for a fee-exempt open work permit or study permit, and to submit a fee-exempt permanent resident application under the family class.

All standard eligibility and admissibility requirements not exempt under these measures must be met by clients, and applicants who do not meet these requirements may have their applications refused.

The public policy is in place from May 1, 2023, to April 30, 2024.

On this page

• Background
• Eligibility
  • Family member definition
• Program-specific measures
  • Temporary resident visas/ temporary resident permits
  • eTA-required foreign nationals
  • Holders of valid eTA/TRVs
  • Port of entry processing
• Post-arrival to Canada
  • Open work permit applications
  • Issuing open work permits in the GCMS
  • Study permit applications
  • Application for permanent residence under the Family Class
  • Refusals for ineligible temporary resident permit clients
  • Fee waivers for in-Canada biometrics

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.

Canada and its partners have been assisting Canadians, permanent residents and their family members in their departure from Sudan to a safe third country, where these individuals can determine their next steps for onward travel to Canada.

Eligibility

Under these measures, a foreign national is eligible for facilitated travel to Canada if they meet the following requirements:

1. are the family member – per the definition of subsection 1(3) of the Regulations (see below) – of a Canadian citizen or permanent resident of Canada who left Sudan on or after April 15, 2023;
2. are outside of Sudan and in a third country; and
3. left Sudan on or after April 15, 2023

Family member definition

Foreign nationals, including Sudanese nationals, are eligible family members of Canadian citizens or permanent residents, if they meet the definition of “family member” under subsection 1(3) of the Immigration and Refugee Protection Regulations (IRPR):

1. the spouse or common-law partner of the person;
2. a dependent child of the person or of the person’s spouse or common-law partner; and
3. a dependent child of a dependent child referred to in paragraph (b).

Extended family members are not eligible and are not included under these measures.

Program-specific measures

Overseas

Temporary resident visas / temporary resident permits

To facilitate travel to Canada, eligible foreign nationals will provide their information to IRCC using a special e-tool available in the TR eApp.

To apply, clients must sign up for an IRCC portal account located here: https://www.ircc.canada.ca/visit-visiter/en/get-account-ircc-portal

They will immediately receive an access code and can proceed with submitting an application via the My IRCC portal account (Sign in to your IRCC portal account).

The following fees for eligible clients under these temporary special measures are to be waived or are not payable:

• Temporary resident visa ($100) – exemption code “999”
• Temporary resident permit ($200) – exemption code “999”

In reviewing the applications, where applicants do not meet the standard requirements for a TRV, officers are encouraged to exercise their discretion to issue a single-entry temporary resident permit to facilitate travel to Canada. All statutory admissibility screening, including biometrics and medical examinations, should be completed prior to issuance, although officers can use their discretion to waive requirements in accordance with existing authorities. Any waivers must be clearly documented in the case remarks in GCMS.

For additional guidance, officers should refer to Temporary resident permits.

eTA-required foreign nationals

All eTA-required foreign nationals should submit an application via the eTA webform as per standard fees and requirements. Most applications are automatically approved by the system, although those with derogatory information will be referred to an officer for review.

Holders of valid eTA/TRVs

Eligible foreign national family members who already hold a valid temporary resident visa or an eTA are properly documented for travel to Canada and do not need to submit a new application. They will be able to benefit from these measures once in Canada.

Port of entry processing

To support these measures, for eligible clients who arrive in Canada before July 15, 2023, border services officers are encouraged to exercise their discretion to authorize a period of authorized stay of two years or until the client’s travel document expires, whichever is first.

Some Sudanese nationals may already be in possession of an electronic travel authorization (eTA) or a temporary resident visa (TRV). If this is the case then they will not have a pre-approved TRP. Subject to their discretion, officers may stamp the client’s passport, which will authorize the person entry for six months, or issue a visitor record (VR) for two years or until the client’s travel document expires, whichever is first.

Post-arrival to Canada

After entering Canada, eligible foreign nationals admitted under these measures before July 15, 2023, will be eligible to apply for fee-exempt open work permits (OWPs) and study permits (SPs), as well as fee-exempt submissions of permanent resident applications under the family class. Clients will be eligible to submit these applications until the public policy expires on April 30, 2024.

Open work permit applications

All eligible foreign national family members are eligible to apply in Canada for a fee-exempt open work permit. These applications should be processed on a priority basis.

The following fees for eligible clients under these temporary special measures are to be waived or are not payable:

• work permit ($155) – exemption code “999”
• open work permit ($100) – exemption code “P03”

Issuing open work permits in GCMS

Section 25.2 of the Immigration and Refugee Protection Act provides authority for the exemption from the substantive requirements for issuance of a work permit under section 200(1)(c) of IRPR. Applicants are still required to meet the other requirements for work permit issuance.

The open work permit is issued and coded as follows:

• NOC: 99999
• Employer: Open
• Exemption code: R01 (A25.2 Public Policy)
• Intended Occupation: Open
• Case Type: 20
• Duration: Officers should consider issuing the work permit with a validity of up to 3 years or to passport or biometric validity, whichever is first.

Conditions: If the applicant has not completed a medical examination, the following condition should be imposed: “Not authorized to work in 1) child care, 2) primary or secondary school teaching, 3) health services field occupations.”

Study permit applications

All eligible foreign national family members are eligible to apply in Canada for a fee-exempt study permit. These applications should be processed on a priority basis.

The following fees for eligible clients under these temporary measures are to be waived:

• initial study permit ($150)

Study permit validity must be tied to the specified period of study (and passport validity).

Officers should refer to Temporary Residents: Students for additional guidance.

Applications for permanent residence under the family class

Foreign national family members applying under the family class from overseas will benefit from priority processing, but will be subject to standard fees.

All eligible foreign national family members who departed Sudan to a third country on or after April 15, 2023, whether assisted or not in their departure by Canada or its partners, are eligible to apply in Canada for permanent residence under the family class, fee-exempt. Clients applying from in Canada will have the option to apply under the overseas family class or the spouse or common-law partner in Canada stream.

To be eligible for permanent resident fee waivers, clients must meet the following requirements:

The foreign national:

1. is in Canada with valid temporary resident status and
   1. holds a temporary resident visa or temporary resident permit issued after meeting conditions under 1), or
   2. meet conditions 1(i) and (iii);
2. entered Canada before July 15, 2023; and
3. has applied for a Permanent Resident Visa as a member of the Family Class or for permanent residence under the spouse or common-law partner in Canada class.

Conditions 1(i) and (iii) referenced above are as follows:

1. The foreign national:
   1. is the family member – per the definition of subsection 1(3) of the Regulations – of a Canadian citizen or permanent resident of Canada who left Sudan on or after April 15, 2023
   2. left Sudan on or after April 15, 2023

Applications will be submitted through the Permanent Residence Online Portal and should be processed on a priority basis. The Operations Planning and Performance Branch (OPPB) will give the processing office weekly lists indicating applications eligible for fee waivers.

Eligible applications are fee-exempt and clients are not required to pay the following fees:

• Sponsorship Fee ($75) – exemption code FPC. Description: Fee Paid (Canada)
• Application for Permanent Residence Fee ($490 Spouse or Partner, $155 for dependent children of the PA, $75 Dependent Child) – exemption code FPC. Description: Fee Paid (Canada)
• Right of Permanent Residence Fee ($515) – exemption code RFC. Description: Right of Permanent Residence Fee Paid (Canada)
• Biometric Enrolment Fee ($85 individual or $170 family rate) – refer to Fee waivers for biometrics

Officers exempting fees pursuant to these special measures must enter remarks in the GCMS application to note that the fees were exempted under the TPP for Sudan special measures for family class.

Officers should refer to Permanent resident program: Non-economic classes for additional guidance.

Should there be an indication of citizenship by descent that has yet to be confirmed or assessed and the family is in Canada, they should be counselled to complete a proof of citizenship application for assessment (PDF, 3.1 MB) as part of the facilitative measures currently in place for those affected by the situation in Sudan. A scanned version of the application can be sent by e-mail to the UrgentProofCOVID general mailbox.

The citizenship program should also be advised if the child has submitted a grant of citizenship application through the regular process that has yet to be finalized. If the family is overseas, the child should be referred to the relevant consular services who will contact Citizenship and Passport as per current protocols for Sudan.

Refusals for ineligible temporary resident permit clients

Officers may encounter applications submitted from clients who are ineligible for these special measures. These applications should be refused.

If a refusal is warranted, officers should select “Other” ground, and include the following note before refusing the application:

Individual does not meet definition of eligible person as per the public policy. Individual may apply for standard temporary resident visa with complete fees.

Officers must also include this note under application remarks in GCMS.

Fee waivers for biometrics

All individuals required to do so must provide their biometric information in support of their application. However, under these measures, the biometrics enrolment fee is waived, both for overseas and in-Canada applications. Officers must manually enter the biometric fee waiver code to issue a biometric instruction letter (BIL).

• biometric fee ($85 individual or $170 family rate) waiver code: B11

For more information on biometrics and fees

• Biometrics collection and screening
• Biometric fee

All other standard eligibility and admissibility requirements must be met by clients.