Updated temporary public policy for family members who fled violence in Haiti

Background

Haiti faces a severe humanitarian crisis marked by escalating violence, a collapse of the central government, and a lack of basic services. Gangs armed with increasingly sophisticated weapons are expanding their control, killing civilians, destroying schools and healthcare facilities, and using sexual violence and mass kidnappings to terrorize communities. This has led to the internal displacement of over 1.3 million people fleeing violence, as well as irregular migration.

In April 2024, IRCC supported the evacuation operation to bring Canadian citizens and permanent residents of Canada to safety, including facilitating their foreign national family members via the Temporary Public Policy for foreign nationals who are family members of Canadian citizens and permanent residents who fled violence in Haiti. IRCC is continuing to support those family members who arrived as part of that evacuation operation.

Given the ongoing conflict in Haiti, foreign nationals who arrived in Canada before April 26, 2024 may not be able to return to Haiti at this time. It is important that these individuals maintain legal status in Canada and can support themselves. As such, the intent of this public policy is to continue to support foreign nationals who are family members of Canadian citizens and permanent residents who fled violence in Haiti to maintain their legal status in Canada by providing access to apply fee-exempt for an open work permit or study permit.

Therefore, I hereby establish that there are sufficient public policy considerations that justify granting, pursuant to section 25.2 of IRPA, exemptions from the requirements of the IRPR listed below to foreign nationals who meet the conditions set out below.

Conditions (eligibility requirements)

Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Regulations identified below when a foreign national meets the following conditions:

1. The foreign national:
   1. is in Canada with valid temporary resident status;
   2. left Haiti on or after March 1, 2024;
   3. is the family member – per the definition of subsection 1(3) of the Regulations – of a Canadian citizen or permanent resident of Canada who left Haiti on or after March 1, 2024;
   4. arrived in Canada on or before April 26, 2024 ; and
   5. has applied for
      1. an extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations, or
      2. a temporary resident permit.
2. The foreign national:
   1. is in Canada with valid temporary resident status;
   2. left Haiti on or after March 1, 2024;
   3. is the family member – per the definition of subsection 1(3) of the Regulations – of a Canadian citizen or permanent resident of Canada who left Haiti on or after March 1, 2024;
   4. arrived in Canada on or before April 26, 2024;
   5. has applied for
      1. an extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations, or
      2. a temporary resident permit; and
   6. has applied for a work permit under section 200 or 201 of the Regulations from within Canada.
3. The foreign national:
   1. is in Canada with valid temporary resident status;
   2. left Haiti on or after March 1, 2024;
   3. is the family member – per the definition of subsection 1(3) of the Regulations – of a Canadian citizen or permanent resident of Canada who left Haiti on or after March 1, 2024;
   4. arrived in Canada on or before April 26, 2024;
   5. has applied for
      1. an extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations, or
      2. a temporary resident permit; and
   6. has applied for a study permit under section 216 or 217 of the Regulations from within Canada.

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

For foreign nationals who meet the conditions listed in 1)

• Subsection 298(1) – the requirements to pay an application processing fee for a Temporary Resident Permit;
• Subsection 305(1) – the requirement to pay an application processing fee for an extension of authorization to remain in Canada as a 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 2)

• Paragraphs 199(a)-(i) – the requirements that a foreign national must meet in order to apply for a work permit after entering Canada;
• Paragraph 200(1)(c) – the requirement to be described under this paragraph of the Regulations;
• Subsection 298(1) – the requirements to pay an application processing fee for a Temporary Resident Permit;
• Subsection 299(1) – the requirements to pay an application processing fee for a work 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)

• Section 213 – the requirement to apply for a study permit before entering Canada;
• Paragraphs 215(1)(a)-(g) – the requirements that a foreign national must meet in order to apply for a study permit after entering Canada;
• Subsection 298(1) – the requirements to pay an application processing fee for a Temporary Resident Permit;
• Subsection 300(1) – the requirements 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 legislative obligations and admissibility and selection requirements not exempted under this, or another, public policy.

Effective Date and Expiration

This temporary public policy will take effect on November 20, 2025 and expire on October 27, 2026. This public policy may be revoked at any time without prior notice.

Applications received pursuant to this public policy on or after the coming into effect date and before the expiry date, or the revocation of the public policy, will be processed under this public policy.