ARCHIVED – Notice – Reminder—To people from Haiti and Zimbabwe affected by the lifting of the temporary suspension of removals

Ottawa, March 20, 2015 – On December 1, 2014, in acknowledgment of improved conditions in Haiti and Zimbabwe, the Government of Canada lifted the temporary suspension of removals (TSR) to these two countries. If you do not have legal status in Canada, you could face removal. However, you may be eligible to stay in Canada as a permanent resident.

If you meet the criteria, you may apply for permanent residence on H&C grounds. Follow the steps to apply on or before June 1, 2015, and you will be able to stay in Canada while a decision is made on your application. If you apply after June 1, 2015, you will be at risk of being removed from Canada.

As well, certain Haitian nationals in Canada who were affected by the 2010 earthquake in Haiti and were benefitting from the Haiti Special Measures (which expired on November 30, 2014) are also eligible to apply under these measures.

For more information, visit the CIC website at www.cic.gc.ca.

Questions

What is a suspension of removals?

When a suspension of removals is in place, people who would normally be returned to their home countries are allowed to stay in Canada until the suspension of removals is lifted.

People who are inadmissible for reasons of criminality or serious criminality, security, violating human or international rights, or organized crime, or excluded under the Refugee Convention do not benefit from a temporary suspension of removals (TSR).

However, if you have had an unsuccessful refugee claim or are inadmissible to Canada (for reasons other than security, human or international rights violations, serious criminality, criminality or organized criminality), you may have been allowed to stay in Canada while the TSR was in place. Now that the TSR has been lifted, you could be removed to your country of nationality.

How do I apply for permanent residence on Humanitarian and Compassionate (H&C) grounds?

To find out if you meet the criteria and to learn more about the deadline for submitting your application, visit the CIC website at www.cic.gc.ca.

Application forms for permanent residence on Humanitarian and Compassionate (H&C) grounds can be found on the CIC website. You must complete the application forms and pay the fees.

The completed application form and supporting documents, including fee receipts, must be mailed to:

Backlog Reduction Office—Vancouver (BRO-V)
#600–605 Robson Street
Vancouver, BC  V6B 5J3

How do I apply for permanent residence on Humanitarian and Compassionate (H&C) grounds if I live in Quebec?

If you are a Haitian or Zimbabwean affected by the lifting of the temporary suspension of removals (TSR) who lives in the Province of Quebec, you must also complete an additional form: Demande d’examen du parcours d’intégration au Québec en vue de l’obtention du certificat de sélection (available in French only) (PDF, 926 KB).

Citizenship and Immigration Canada (CIC) and the Ministère de l'Immigration, de la Diversité et de l’inclusion (MIDI) have set up joint procedures to assess these applications.

Applicants must submit their CIC application forms along with the MIDI form (available in French only) (PDF, 926 KB) at the same time. They should be mailed together to the BRO-V address provided above.

For people living in Quebec, the Government of Quebec has identified five organizations to help affected people. They are available to answer questions and for support through the application process. The organizations are:

• Maison d’Haïti (Montréal) (available in French only)
• Service d’aide et de liaison pour immigrants La Maisonnée (Montréal) (available in French only)
• Accueil aux immigrants de l’Est de Montréal (Montréal) (available in French only)
• Carrefour d’intercultures de Laval (Laval) (available in French only)
• Carrefour le Moutier (Longueuil) (available in French only)

Additional information for Quebec residents can be found on the Ministère de l’Immigration, de la Diversité et de l’inclusion du Québec (available in French only) website.

Who is eligible to stay in Canada while their application for permanent residence on Humanitarian & Compassionate (H&C) grounds is under review?

To be eligible to stay in Canada until a decision is made on your application for permanent residence on Humanitarian and Compassionate (H&C) grounds, you must meet these criteria:

• You must be a national of Haiti or Zimbabwe;
• You must have been residing in Canada on the day of the TSR lifting (December 1, 2014);
• You must be the subject of a removal order (including conditional removal orders) or have benefited from the Haiti Special Measures at the time of the TSR lifting;
• You must never have been found to be ineligible to have a refugee claim referred to the Immigration and Refugee Board (IRB);
• You must not be inadmissible on grounds of security, human or international rights violations, serious criminality, criminality or organized criminality;
• You must not have been excluded by the IRB from refugee protection under the United Nations Convention Relating to the Status of Refugees;
• You must not have had criminal charges dropped by the Crown to effect a removal order;
• You must not have an outstanding criminal warrant;
• You must have applied for permanent residence on H&C grounds in Canada no later than six months from the date of the TSR lifting—on or before June 1, 2015, or, for those who applied for refugee protection on or before December 1, 2014, no later than six months from a negative decision by the IRB.
  • In this context, “negative decision” refers to the IRB’s first negative decision and does not include any avenues of recourse, including judicial review before the Federal Court. 
• These special measures include an exemption to the 12-month bar for failed refugee claimants who file their H&C application within six months of the lifting of this TSR.
• As well, certain Haitian nationals in Canada who were affected by the 2010 earthquake in Haiti and have benefited from the Haiti Special Measures (which expired November 30, 2014) are also eligible to apply under these measures.

Can I work or study while my application for permanent residence on Humanitarian and Compassionate (H&C) grounds is in process? Am I eligible for health coverage?

Affected individuals may apply for work permits, are eligible to study in Canada and may be eligible for coverage of health care while their H&C applications are in process.

If I am affected by the TSR lifting and I do not apply for Humanitarian and Compassionate (H&C) consideration before the six-month deadline, will I be removed?

If the six-month period passes and you have not applied for H&C consideration, you are at risk of being removed from Canada. This is why it is very important that your H&C application is received by CIC on or before June 1, 2015.

What if I have already applied for Humanitarian and Compassionate (H&C) consideration or for permanent residence through one of CIC’s other programs?

If you have already submitted a permanent resident application under H&C grounds and a decision is pending, you may want to update your submissions given that the temporary suspension of removal has been lifted.

If you have already submitted a permanent resident application in Canada under another category and the decision is pending, that application will continue to be processed, but you will not benefit from a stay of removal under these measures. If you meet the eligibility criteria, you may qualify for a deferral of removal if you submit an H&C application for permanent residence on or before June 1, 2015.