Updated temporary public policy to grant permanent residence to certain individuals in Canada who came to Canada under the age of 19 and were under the legal responsibility of the child protection system

Background

Individuals who apply for permanent residence in Canada are generally unable to obtain permanent resident status if they are inadmissible to Canada. This creates a challenge for those who came to Canada as a minor but did not obtain permanent residence or citizenship and are now ineligible, including those who later committed crimes in Canada.

Not all individuals who came to Canada as a minor obtained permanent residence or citizenship. Others have since lost their permanent resident status due to being inadmissible. Some of these individuals were placed under the legal responsibility of a child and family services provider under a provincial or territorial government’s designated ministry for child protection by court order as a minor in Canada. In some cases, permanent resident status or citizenship were not sought for these individuals when they were eligible and while under the legal responsibility of a child protection agency and, as a result, some individuals who are now inadmissible are facing deportation and an uncertain future.

Stakeholders have raised concerns about the vulnerability of these individuals, and the particular risk they may face if deported to their country of nationality; a country with which they have little or no connection and of which they, often, do not speak the language as a result of living in Canada for many years.

Public Policy Considerations

In recognition of the vulnerability of certain individuals who came to Canada under the age of 19 and were placed under the legal responsibility of a child and family services provider, and may now face removal, this public policy will provide a pathway to permanent residence to eligible foreign nationals and their in-Canada family members. For some of these individuals, applications for permanent residence and/or citizenship where not made on their behalf while in the care of a child protection agency.

As such, I hereby establish, pursuant to my authority under section 25.2 of the Immigration and Refugee Protection Act (the Act), that there are public policy considerations that justify the granting of permanent residence to in-Canada principal applicants and their in-Canada family members, if these foreign nationals meet the applicable conditions (eligibility requirements) listed below.

Part 1 – Conditions (eligibility requirements) applicable to principal applicants

Based on public policy considerations, delegated officers may grant permanent residence status to foreign nationals who meet the following conditions:

Foreign national who:

1. entered Canada before age 19;
2. is physically in Canada at time of application under this public policy;
3. has continuously resided in Canada for at least three years on the date of their application;
4. has continuously resided in Canada since age 19, if over the age of 19;
5. was under the legal responsibility of a child and family services provider under a provincial or territorial government’s designated ministry for child protection for at least 1 year (cumulative);
6. intends to reside in a province or territory other than the province of Quebec;
7. is not inadmissible other than pursuant to any of the following:
   1. subsection 36(1) of the Act on serious criminality grounds;
   2. subsection 36(2) of the Act on criminality grounds;
   3. paragraph 38(1)(c) of the Act on health grounds for a health condition that might reasonably be expected to cause excessive demand on health or social services;
   4. section 39 of the Act on financial reasons;
   5. paragraph 40(1)(a) of the Act for no other reasons than misrepresentation related to their entry to Canada or overstaying their temporary resident status and working or studying without authorization;
   6. paragraph 40(1)(b) of the Act for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation
   7. subsection 41(a) of the Act for non-compliance;
   8. section 42 of the Act where the family member is inadmissible, except where the family member is inadmissible under subsections 34(1), 35(1) or 37(1) of the Act;
8. is not a person referred to in section F of Article 1 of the Refugee Convention;
9. 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
10. is physically in Canada at time of granting of permanent residence.

Part 2 – Conditions (eligibility requirements) applicable to family members in Canada

In-Canada family members of a principal applicant who applies for permanent residence under this public policy are eligible to be granted permanent residence pursuant to this public policy if they meet the following conditions:

1. the foreign national is physically present in Canada at the time of application for permanent residence under this public policy;
2. the foreign national has been included as an accompanying family member in an application for permanent residence by a principal applicant under this public policy;
3. the foreign national meets the definition of a “family member” in subsection 1(3) of the Regulations;
4. the foreign national intends to reside in a province or territory other than the province of Quebec;
5. the foreign national is not inadmissible other than pursuant to any of the following:
   1. paragraph 40(1)(a) of the Act for no other reasons than misrepresentation related to overstaying their temporary resident status and working or studying without authorization;
   2. subsection 41(a) of the Act for no other reasons than overstaying their temporary resident status and working or studying without authorization;
   3. section 42 of the Act where the family member is inadmissible, except where the family member is inadmissible under subsections 34(1), 35(1) or 37(1) of the Act;
6. a delegated officer has determined that the principal applicant meets all conditions (eligibility requirements) pursuant to this public policy;
7. the foreign national 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
8. the foreign national is physically in Canada at time of granting of permanent residence.

Definitions applicable for the purpose of this public policy

For the purposes of this Public Policy, "under the legal responsibility of a child and family services provider" refers only to situations where the responsible provincial or territorial authorities obtained full legal ‘parental’ responsibilities for the child by court order.

Approval in principle

Once a delegated officer assesses that the foreign national meets conditions 1 to 9 in Part 1 or 1 to 7 in Part 2 above, the delegated officer will approve the application in principle under this public policy. For greater certainty, those with known inadmissibilities, other than those listed above in Part 1, section 7, or Part 2, section 5, will not receive approval in principle.

A final assessment of admissibility will be conducted prior to granting of permanent residence and the principal applicant and the family members included in their application under this public policy must not be inadmissible on any grounds other than those listed in Part 1, section 8, and Part 2, section 5, to be eligible to receive permanent residence pursuant to this public policy.

Effective Date and Expiration

This public policy replaces the Temporary public policy to grant permanent residence to certain individuals in Canada who came to Canada under the age of 19 and were under the legal responsibility of the child protection system signed on July 25, 2023. It takes effect on January 22, 2024 and expires on January 21, 2027. This temporary public policy 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.