Temporary public policy for foreign nationals who applied under the Canada-Ukraine authorization for emergency travel measures and whose applications were pending as of February 4, 2024

Background

Since the February 2022 military invasion of Ukraine by Russian forces, Canada has upheld steadfast support of Ukraine’s sovereignty and territorial integrity against ongoing Russian aggression, and for the people of Ukraine.

On March 17, 2022, Immigration, Refugees and Citizenship Canada (IRCC) introduced the Canada-Ukraine Authorization for Emergency Travel (CUAET) as part of Canada’s response to Russia’s full-scale invasion of Ukraine. Hundreds of thousands of applicants have applied under the CUAET measures and subsequent public policies were put in place to facilitate new Ukrainian temporary resident applicants who arrive in Canada.

Public policy considerations

The goal of this public policy is to continue our commitment to the thousands of Ukrainian nationals and their families who sought temporary safe haven in Canada by applying under one of the CUAET public policies that are now expired but who did not receive a decision in time to arrive in Canada before the facilitation ended. This public policy will facilitate their entry to Canada and allow them to support themselves and their families while they remain in Canada.

Therefore, I hereby establish that, pursuant to my authority under section 25.2 of the Immigration and Refugee Protection Act (the Act), 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, if any of the following conditions are met:

1. The foreign national
   1. is a national of Ukraine, or is a family member per the definition in subsection 1(3) of the Regulations of a Ukrainian national;
   2. holds a temporary resident visa that was issued on or after February 4, 2024, following facilitation under the Temporary Public Policy to Exempt Ukrainian Nationals from Various Immigration Requirements in Support of the Canada-Ukraine Authorization for Emergency Travel or the Temporary Public Policy to Renew the Canada-Ukraine Authorization for Emergency Travel from April 1, 2023; and
   3. is seeking to enter Canada on or after April 1, 2024 as
      1. a visitor or
      2. a worker, where the foreign national has been approved for a work permit but has not yet been issued a work permit.
2. The foreign national:
   1. is a national of Ukraine, or is a family member per the definition in subsection 1(3) of the Regulations of a Ukrainian national who;
      1. holds a temporary resident visa that was issued on or after February 4, 2024 following facilitation under the Temporary Public Policy to Exempt Ukrainian Nationals from Various Immigration Requirements in Support of the Canada-Ukraine Authorization for Emergency Travel or the Temporary Public Policy to Renew the Canada-Ukraine Authorization for Emergency Travel from April 1, 2023; or
      2. was issued a temporary resident permit on or after February 4, 2024 following a request for facilitation under the Temporary Public Policy to Exempt Ukrainian Nationals from Various Immigration Requirements in Support of the Canada-Ukraine Authorization for Emergency Travel, or the Temporary Public Policy to Renew the Canada-Ukraine Authorization for Emergency Travel from April 1, 2023, and
   2. on entry to Canada on or after April 1, 2024, has submitted;
      1. a work permit application under section 200 of the Regulations or an application for work permit renewal under subsection 201(1) of the Regulations; or
      2. a study permit under section 216 of the Regulations, if that foreign national is a minor child.
3. The foreign national:
   1. is a national of Ukraine or is a family member per the definition in subsection 1(3) of the Regulations of a Ukrainian national who:
      1. was issued a temporary resident visa on or after February 4, 2024 following facilitation under the Temporary Public Policy to Exempt Ukrainian Nationals from Various Immigration Requirements in Support of the Canada-Ukraine Authorization for Emergency Travel, or the Temporary Public Policy to Renew the Canada-Ukraine Authorization for Emergency Travel from April 1, 2023, or
      2. was issued a temporary resident permit on or after February 4, 2024 following a request for facilitation under the Temporary Public Policy to Exempt Ukrainian Nationals from Various Immigration Requirements in Support of the Canada-Ukraine Authorization for Emergency Travel, or the Temporary Public Policy to Renew the Canada-Ukraine Authorization for Emergency Travel from April 1, 2023, and
   2. is in Canada with valid temporary resident status; and
   3. has submitted an application for an extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations.
4. The foreign national:
   1. is a national of Ukraine or is a family member per the definition in subsection 1(3) of the Regulations of a Ukrainian national who
      1. holds a temporary resident visa that was issued on or after February 4, 2024 following a request for facilitation under the Temporary Public Policy to Exempt Ukrainian Nationals from Various Immigration Requirements in Support of the Canada-Ukraine Authorization for Emergency Travel, or the Temporary Public Policy to Renew the Canada-Ukraine Authorization for Emergency Travel from April 1, 2023, or
      2. holds a temporary resident permit that was issued on or after February 4, 2024 following a request for facilitation under the Temporary Public Policy to Exempt Ukrainian Nationals from Various Immigration Requirements in Support of the Canada-Ukraine Authorization for Emergency Travel, or the Temporary Public Policy to Renew the Canada-Ukraine Authorization for Emergency Travel from April 1, 2023, and
   2. is in Canada with valid temporary resident status; and
   3. is 18 years of age and older and has submitted an application for
      1. a work permit under section 200 of the Regulations or an application for a work permit renewal under subsection 201(1) of the Regulations; or
      2. a study permit under section 216 of the Regulations from within Canada.
5. The foreign national:
   1. is a national of Ukraine or is a family member per the definition in subsection 1(3) of the Regulations of a Ukrainian national who:
      1. holds a temporary resident visa that was issued on or after February 4, 2024 following a request for facilitation under the Temporary Public Policy to Exempt Ukrainian Nationals from Various Immigration Requirements in Support of the Canada-Ukraine Authorization for Emergency Travel, or the Temporary Public Policy to Renew the Canada-Ukraine Authorization for Emergency Travel from April 1, 2023, or
      2. A temporary resident permit that was issued on or after February 4, 2024 following a request for facilitation under the Temporary Public Policy to Exempt Ukrainian Nationals from Various Immigration Requirements in Support of the Canada-Ukraine Authorization for Emergency Travel, or the Temporary Public Policy to Renew the Canada-Ukraine Authorization for Emergency Travel from April 1, 2023, and
   2. is in Canada with valid temporary resident status; and
   3. is under 18 years of age and has submitted an application for
      1. a work permit under section 200 of the Regulations or an application for a work permit renewal under subsection 201(1) of the Regulations; or
      2. a study permit under section 216 of the Regulations from within Canada.

Provisions of the Regulations for which an exemption may be granted, if applicable

For the foreign national who meets the conditions listed in 1:

• Paragraph 16(2)(b) of the Act – the requirement for foreign nationals, subject to the Regulations, to submit to a medical examination;
• The requirement in Paragraph 20(1)(b) of the Act – for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (obligation on entry);
• The requirement in subsection 22(2) of the Act – for a foreign national to establish they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons.

For the foreign nationals who meet the conditions listed in 2:

• Paragraph 16(2)(b) of the Act – the requirement for foreign nationals, subject to the Regulations, to submit to a medical examination;
• The requirement in Paragraph 20(1)(b) of the Act – for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (obligation on entry);
• The requirement in subsection 22(2) of the Act – for a foreign national to establish they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• The requirement in subsection 198(1) of the Regulations - for the foreign national to be exempt under Division 5 of Part 9 from the requirement to obtain a temporary resident visa;
• Paragraph 200(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay under Division 2 (work permit issuance);
• 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 214(a) to (d) of the Regulations – the requirements that a foreign national must meet in order to apply for a study permit when entering Canada;
• Paragraph 216(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay under Division 2 (study permit issuance);
• Paragraph 216(e) of the Regulations – the requirement to be accepted to undertake a program of study at a designated learning institution;
• Section 220 of the Regulations – the requirement that foreign national must have sufficient and available financial resources (studying in Canada);
• Subsection 299(1) – the requirement to pay an application processing fee for a work permit;
• Subsection 300(1) – the requirement to pay an application processing fee for a study permit;
• Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information.

For foreign nationals who meet the conditions listed in 3:

• The requirement in Paragraph 20(1)(b) of the Act – for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay (obligation when seeking to remain);
• The requirement in subsection 22(2) of the Act – for a foreign national to establish they will leave Canada by the end of the period authorized for their stay (dual intent);
• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• The requirement under Subsection 181(2) of the Regulations that the applicant must continue to meet the condition of paragraph 179(b);
• Subsection 305(1) – the requirements to pay an application processing fee for an extension of authorization to remain in Canada as temporary resident;
• Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information.

For foreign nationals who meet the conditions listed in 4:

• Section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons;
• Paragraphs 199(a)-(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)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay under Division 2 (work permit issuance);
• 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;
• Paragraph 216(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay under Division 2 (study permit issuance);
• Section 220 of the Regulations – requirement that foreign national must have sufficient and available financial resources (studying in Canada);
• Subsection 299(1) – the requirement to pay an application processing fee for a work permit;
• Subsection 300(1) – the requirement to pay an application processing fee for a study permit;
• Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information.

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;
• Paragraphs 199(a)-(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)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay under Division 2 (work permit issuance);
• 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;
• Paragraph 216(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay under Division 2 (study permit issuance);
• Paragraph 216(e) of the Regulations – the requirement to be accepted to undertake a program of study at a designated learning institution;
• Section 220 of the Regulations – requirement that foreign national must have sufficient and available financial resources (studying in Canada);
• Subsection 299(1) – the requirement to pay an application processing fee for a work permit;
• Subsection 300(1) – the requirement to pay an application processing fee for a study permit;
• Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information.

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 April 1, 2024 and applies only to applications received on or after the day it comes into effect.

This public policy expires on July 31, 2024, and may be revoked at any time without prior notice.