Ministerial Instructions 30 (MI30): Ministerial Instructions pursuant to subsection 24(3) of the Immigration and Refugee Protection Act concerning foreign nationals who are victims of family violence

The objective of these instructions is to provide protection to vulnerable foreign nationals who are victims of family violence or impacted by it, by regularizing their status in Canada, when appropriate.

Pursuant to subsection 24(3) of the Immigration and Refugee Protection Act, I hereby issue the following instructions that take effect on July 26, 2019.

An officer shall consider the following factors in assessing whether a foreign national is a victim of family violence:

• whether the foreign national is physically located in Canada and experiencing abuse by their spouse or common-law partner while in Canada, including physical, sexual, psychological, or financial abuse, or neglect, and
• whether the foreign national is seeking permanent residence that is contingent on remaining in a genuine relationship in which there is abuse, and the relationship to the abusive spouse or common-law partner is critical to the continuation of the individual’s status in Canada

The officer may be justified in issuing a temporary resident permit to a victim of family violence and their dependent child in Canada for a minimum of 6 months, taking into consideration any of the following factors:

• to provide a period of reflection for victims of family violence who are out of status to further consider their immigration options
• to allow victims of family violence to escape the influence of their abuser so that they can make an informed decision on a future course of action
• the individual’s ties to Canada
• child custody or other family law related issue
• for any other purpose the officer may judge relevant to facilitate the protection of vulnerable foreign nationals who are victims of family violence

A subsequent temporary resident permit may also be justified, taking into consideration the above factors.