Immigration measures to support immediate family members of Canadian citizens and Canadian permanent residents who have departed Sudan.

On April 15, 2023 conflict took place between two rival factions in Sudan, resulting in a heavy fight in the capital, Khartoum and other parts of the country.

Canada & Its partners have been assisting Canadians and Canadian permanent residency and their family members in their departure from Sudan to a safe third country, where these individuals can determine their next steps for an onward travel to Canada.

Eligibility:

If a foreign national meets the following requirements they will be facilitated to travel to Canada.

Are the family members – per the definition of subsection 1(3) of the regulations – of a Canadian citizen or permanent resident of Canada who left Sudan on or after April 15, 2023.
Are outside of Sudan and in a third country.
Left Sudan on or after April 15, 2023.

Note: To be eligible under these measures, the foreign national is required to travel with a permanent resident or a family member.

To be eligible for the in-Canada application benefits, a foreign national must have entered Canada before July 15, 2023.

Note: Due to the current situation in Sudan, Sudanese nationals currently in Canada can extend their stay, for free. These are some measures that an officer is to follow: Temporary measures to support nationals of Sudan in Canada.

Family Member Definition:

Foreign Nationals, including Sudanese nationals, are eligible family members of Canadian citizens or Canadian Permanent Residents, if they meet the definition of family member under subsection 1(3) of the IRPR.

The spouse or common law partner of the person.
A dependent child of the first person or of the person’s spouse or common law partner.
A dependent child of a dependent child referred to in a paragraph (b).

Extended family members are not eligible and are not included in any of these measures.

Program-Specific Measures:

Temporary Resident Visa/Temporary Resident Permit:

To facilitate travel to Canada, eligible foreign nationals will provide their information to IRCC using a special e-tool available in the TR eAPP.

In order to apply, clients must sign up for an IRCC account here: https://www.ircc.canada.ca/visit-visiter/en/get-account-ircc-portal

They will immediately receive an access code and can proceed with submitting an application via the My IRCC portal account. You can sign-in here (Sign in to your IRCC portal account).

Following is the fee for eligible clients under the temporary special measures that are to be waived or no payable.

Temporary resident visa ($100) – exemption code ‘999’
Temporary resident permit ($200) – exemption code ‘999’

In reviewing the application, where an applicant does not meet the standard requirements for a TRV, officers are encouraged to exercise their discretion to issue any single-entry temporary resident permit to facilitate travel to Canada. All statutory admissibility screening including biometrics and medical examinations should be completed prior to issuance, although officers can use their discretion to waive requirements in accordance with existing authorities. Incase remarks in GCMS weaviers must be documented.

eTA-required foreign national:

All eTA required foreign nationals should submit an application via the eTA webforms as per the standard fee and requirements. Most applications are automatically approved by the system, although those with derogatory information will be referred to an officer for review.

Holders of valid eTA/TRVs:

Eligible foreign family members that already hold a valid temporary resident visa or eTA are properly documented for the travel to Canada and do not need to submit a new application. Once in Canada they will be able to benefit from these measures.

Port of entry processing:

To support these measures, for eligible clients who arrive in Canada before April 15,2023, border service officers are encouraged to exercise their discretion to authorize a period of authorization of two years or until the clients document expires.

Some Sudanese may already be in possession of an eTA or TRV. If this is the case they won’t have an approved TRP. Officers may, subject to their discretion, stamp a client’s passport that will authorize the person’s entry for six months, or issue a visitor record for two years or until the document expires.

Post-Arrival for Canada:

After entering Canada, eligible foreign nationals admitted under these measures before July 15, 2023 will be eligible to apply for a free exempt work permit & study permit as well as a submission of permanent residents applications under the family class. They can submit the applications until the public policy expires on April 30, 2023.

Open Work Permit Application:

All eligible foreign family members may apply for Canada for a free exempt open work permit. These applications may be processed on a priority basis.

work permit ($155) – exemption code ‘999’
open work permit ($100) – exemption code ‘P03’

The above mentioned is the fee for eligible clients.

Issuing Open Work Permit in GCMS:

IRPA gives authority for the exemption for the important requirements for an issuance of a work permit.

A work permit is issued as below:

NOC: 99999
Employer: Open
Exemption code: R01 (A25.2 Public Policy)
Intended Occupation: Open
Case Type: 20
Duration: Officers should consider issuing the work permit with a validity of up to 3 years or to passport or biometric validity, whichever is first.

Conditions:

If the medical examination has not been completed yet, the following conditions may be applied “Not authorized to work in 1) Child care, 2) Primary or Secondary school teaching, 3) Health services field occupation”

Application for Permanent Residence under the Family Class:

Foreign National Family Members applying under the family class from overseas will benefit from priority processing, but will be subject to standard fee.

All foreign eligible nationals that departed Sudan to a third country on April 15, 2023 whether assisted in their departure by Canada or its partners, are eligible to apply in Canada for PR under the Family Class. Clients applying form in Canada will have an option to apply under the Family Class or the Spouse or Common-Law partner in the Canada Stream.

They must arrive in Canada before July 15, 2023 to be eligible to apply under these measures.

Applications will be submitted through the PR Online portal and shall be processed on priority basis. Operation Planning & Performance branch will provide the processing office weekly lists indicating applications eligible for fee weavers.

Sponsorship Fee ($75) – exemption code 999, with description “TPP for Sudan special measures under family class”
Application for Permanent Residence Fee ($490 Spouse or Partner, $75 Dependent Child) – exemption code 999, with description “TPP for Sudan special measures under family class”
Right to Permanent Residence Fee ($515) – exemption code 999, with description “TPP for Sudan special measures under family class”

Biometric Enrolment Fee ($85 individual or $170 family rate) – refer to Fee waivers for biometrics