Canada Introduces Temporary Protection Measures for Ukrainian Nationals

Canada Introduces Temporary Protection Measures for Ukrainian Nationals

Key Takeaways

  • The Canadian government has introduced a temporary measure to help Ukrainian nationals and their family members extend their temporary resident status in Canada.
  • Eligible individuals can obtain work permits and study permits without meeting the usual requirements.
  • The policy applies to those who applied for permanent residence through the Temporary public policy to grant permanent residence to certain Ukrainian nationals with family in Canada.
  • The measure is in place until March 31, 2027, but can be revoked at any time.
  • Over 13,000 applications were received under the Temporary public policy to grant permanent residence to certain Ukrainian nationals with family in Canada.

Introduction to the Temporary Measure
The Immigration, Refugees and Citizenship Canada (IRCC) has launched a temporary measure to make it easier for Ukrainian nationals and their family members to extend their temporary resident status in Canada. This measure allows them to obtain work permits and study permits for which they would not normally be eligible. The policy is designed to help individuals who have applied for permanent residence through the Temporary public policy to grant permanent residence to certain Ukrainian nationals with family in Canada. This policy was introduced in response to the ongoing conflict in Ukraine and aims to provide support to those affected by the crisis.

Eligibility Criteria
To qualify for work permits or study permits under this policy, Ukrainian nationals and their family members must meet certain eligibility criteria. There are two scenarios that qualify individuals for this policy. The first scenario applies to those who are currently in Canada with valid temporary resident status or have applied for restoration of status within 90 days. The second scenario applies to those who had valid temporary resident status at the time their application for permanent residency was submitted, but have since lost that status, or had valid temporary resident status within 90 days prior to submitting the application for permanent residency. In both scenarios, individuals must apply within Canada on or before March 31, 2026.

Exemptions and Requirements
Foreign nationals who qualify under the second scenario are exempt from inadmissibility on account of having worked or studied without authorization or having overstayed in Canada. They are also exempt from the usual requirements for restoration of status, including the 90-day time frame. Additionally, individuals under both scenarios are exempt from the usual requirements needed to apply for work permits or study permits from within Canada. This means that they do not need to meet the usual eligibility criteria, such as having a job offer or meeting the language proficiency requirements. Ukrainian nationals can apply for work permits or study permits even if they have not yet received an acknowledgement of receipt (AOR) on their permanent residence application.

Background on the Temporary Public Policy
The Temporary public policy to grant permanent residence to certain Ukrainian nationals with family in Canada was launched in October 2023 and was in place until October 2024. This policy was introduced to help families affected by Russia’s invasion of Ukraine. To be eligible under this pathway, Ukrainian nationals needed to have one or more Canadian citizen or permanent resident family members in Canada, or be the spouse, common-law partner, or widow of a qualifying Ukrainian national. Applications for permanent residence under this policy needed to be made from within Canada. Over 13,000 applications were received under this policy, with nearly 24,000 individuals seeking permanent residence or permanent resident visas.

Relationship to Other Immigration Policies
The Temporary public policy to grant permanent residence to certain Ukrainian nationals with family in Canada is part of a broader set of measures introduced by the Canadian government to support those affected by the conflict in Ukraine. In March 2022, the government launched the Canada Ukraine Authorization for Emergency Travel (CUAET), which allowed Ukrainian nationals to travel to Canada quickly and easily. The CUAET was introduced in response to the large number of Ukrainians fleeing the conflict and seeking safety in Canada. The Temporary public policy to grant permanent residence to certain Ukrainian nationals with family in Canada builds on this earlier initiative and provides a pathway to permanent residence for those who have family ties in Canada.

Conclusion
The temporary measure introduced by the IRCC is an important step in supporting Ukrainian nationals and their family members who are seeking to extend their stay in Canada. By providing exemptions from the usual requirements for work permits and study permits, the government is helping to ensure that these individuals can continue to work and study in Canada while their permanent residence applications are being processed. The policy is also a recognition of the ongoing conflict in Ukraine and the need for Canada to provide support to those affected by the crisis. As the situation in Ukraine continues to evolve, it is likely that the Canadian government will introduce further measures to support those affected by the conflict.

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