Temporary public policy to facilitate the processing of temporary resident visa applications in inventory

Background:

Every year, Canada welcomes millions of tourists, business persons, and family visitors who inject billions of dollars into the economy, bring new ideas and energy, and create lasting commercial and social ties.

With the worst of the COVID-19 pandemic now behind us, international travel is resuming and the Government is focused upon Canada’s economic recovery. To position Canada to maximize the benefit of the movement of tourists, business persons, and family visitors, the Government is committed to reducing processing times for visitor visas.

The accumulated visitor visa inventory is limiting Canada’s attractiveness for tourists and business persons, in addition to keeping families separated. Facilitating the processing of applications currently in the inventory by streamlining eligibility requirements will position Canada for a clean start and a return to pre-pandemic processing times, thereby ensuring our international competitiveness moving forward.

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, when processing an application for a temporary resident visa, delegated officers may grant an exemption, from the requirements of the Act and Regulations identified, if the following conditions are met:

1. The foreign national
   1. submitted from outside Canada an application for a temporary resident visa under section 179 of the Regulations as a member of the visitor class on or before January 16, 2023;
   2. was 18 years of age or older on January 16, 2023;
   3. in the four years preceding the date the application referred to in (i) was received, did not have a temporary resident visa, study permit, work permit, or permanent resident visa application refused, if they were not subsequently approved for an application for a temporary resident visa, work permit or study permit;
   4. did not submit the application referred to in (i) using the electronic form identified for the Canada-Ukraine Authorization for Emergency Travel initiative, or by any other means that is made available or specified by the Minister for the Canada-Ukraine Authorization for Emergency Travel;
   5. did not request in their application referred to in (i) that the temporary resident visa be granted as a super visa in accordance with the Ministerial Instructions regarding the Parent and Grandparent Super Visa, that came into force on July 4, 2022 or the Ministerial Instructions regarding the Parent and Grandparent Super Visa, that came into force on December 1, 2011.
2. The foreign national
   1. holds a temporary resident visa that was issued following facilitation under (1); and
   2. seeks to enter Canada as a visitor for the first time following the issuance of the temporary resident visa described in (i).

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

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

• section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons; and
• paragraph 179(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (temporary resident visa issuance).

For the foreign national who meets the conditions listed in 2):

• 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); and
• section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons.

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 comes into effect upon signature.

This public policy expires on December 31, 2023, and may be revoked at any time without prior notice.