In response to the ongoing armed conflict in Sudan that commenced on April 15, 2023, the Canadian government has introduced a Temporary Public Policy to provide a humanitarian pathway to permanent residence for foreign nationals directly affected by the conflict. This policy aims to reunite families, offering a safe haven for those with loved ones in Canada. In this blog, we will explore the key aspects of this initiative, its eligibility criteria, and the vital role of anchors in facilitating the resettlement process.
Background
The conflict in Sudan has resulted in widespread displacement, with more than 1.2 million people fleeing to neighboring countries and over five million internally displaced within the nation. Recognizing the urgent need for support, the Canadian government has implemented temporary facilitative measures to aid those affected by the crisis, especially the family members of Canadian citizens and permanent residents.
Public Policy Considerations
The Temporary Public Policy is rooted in humanitarian values, aiming to assist foreign nationals directly impacted by the Sudanese conflict. It provides a family-based pathway to permanent residence for those with family ties in Canada, ensuring their safety and facilitating their integration into Canadian society.
Eligibility Criteria – Part 1 (Principal applicants outside Canada):
To qualify for permanent residence under this public policy, a foreign national must meet several conditions, including:
- Residing in Sudan on April 15, 2023.
- Demonstrating no reasonable prospect of a durable solution in a country other than Canada or Sudan.
- Submitting an application for permanent residence online.
- Intending to reside in a province or territory other than Quebec.
- Having an identified anchor in Canada who meets specified requirements.
- Meeting relationship criteria with the anchor (e.g., child, grandchild, parent, grandparent, or sibling).
- Providing a statutory declaration from the anchor, committing to support the foreign national and their family members.
- Holding specific documents enumerated in the Regulations.
Eligibility Criteria – Part 2 (Principal applicants in Canada):
Similar to Part 1, this section outlines eligibility criteria for foreign nationals already in Canada, emphasizing the importance of valid temporary resident status and compliance with the Act and Regulations.
Eligibility Criteria – Parts 3 and 4 (Family members outside and inside Canada):
These sections outline conditions for family members applying for permanent residence, including being included in the principal applicant’s application, meeting the definition of family members, and holding specified documents.
Exemptions and Selection Criteria
While certain provisions of the Act and Regulations may be exempted for principal applicants and their family members, all other eligibility and admissibility requirements apply. The exemption list includes medical exams, inadmissibility for financial reasons, passport requirements, and more.
Fees
Applicants are required to pay applicable fees, including those for processing permanent residence applications and biometric information collection.
Start and End Dates
The Temporary Public Policy comes into effect on February 27, 2024, and will end one year after or upon processing 3,250 applications, whichever comes first. The Minister of Immigration, Refugees and Citizenship may revoke it at any time.
Annex A – Anchor Eligibility:
The anchor must be a Canadian citizen or permanent resident aged 18 or older, residing outside Quebec. They should meet financial requirements (Option A, B, or C of Annex C) and fulfill certain conditions:
- Not subject to a removal order or detained.
- No convictions in Canada for specific offenses in the last five years.
- No default on sponsorship or support payment obligations.
- Not an undischarged bankrupt or in receipt of social assistance (excluding disability).
- Has not accepted any financial compensation from the foreign national and their family.
Exceptions: A pardon or final acquittal may prevent refusal based on a conviction.
Annex B – Statutory Declaration:
The anchor, and their spouse or common-law partner (if contributing to financial requirements), must submit a statutory declaration committing to supporting the foreign national and accompanying family for one year. This includes assistance with transportation, orientation, financial support, and essential services.
Annex C – Financial Requirement:
Option A: Minimum necessary income calculated based on Statistics Canada’s low-income cut-offs for urban areas of 500,000 persons or more. The anchor’s total income includes specific exclusions.
Option B: Minimum necessary funds held in an in-trust account, varying based on the total number of persons to be supported.
Option C: Combination of income and funds, where funds in an in-trust account must be at least equal to the minimum necessary income required, less the anchor’s total income.
Conclusion
Canada’s Temporary Public Policy for Sudanese nationals affected by the conflict demonstrates the nation’s commitment to providing a safe haven for those in need. Anchors, alongside the comprehensive eligibility criteria, play a vital role in facilitating the successful integration of families into Canadian society. This policy stands as a beacon of hope during challenging times, reflecting Canada’s values of compassion and inclusivity.
Foreign nationals directly affected by the conflict in Sudan, who have family in Canada and meet specific criteria outlined in the public policy, are eligible to apply.
Exemptions may apply for convictions if a pardon has been granted, is still in effect, or if there has been a final determination of an acquittal.
The policy comes into effect on February 27, 2024, and ends one year after or upon processing 3,250 applications, whichever comes first. It may be revoked at any time.
Applicants need to provide specific documents enumerated in the Regulations, including proof of residency in Sudan, a statutory declaration from the anchor, and documents related to financial eligibility.
Yes, the Minister of Immigration, Refugees, and Citizenship has the authority to revoke the public policy at any time. Extensions or changes may be made based on evolving circumstances.
