The Government of Canada has announced new instructions regarding the temporary public policy (TPP) aimed at Ukrainian nationals currently residing in Canada. This policy provides avenues for them and their family members to maintain or restore their temporary resident (TR) status while their applications for permanent residence (PR) are being processed. The policy became effective on January 16, 2026, and will remain in place until March 31, 2027.
- 01Eligibility Criteria
- 02Application Process for Open Work Permits
- 03Study Permits and Temporary Residence Extension
- 04Regulatory Exemptions
- 05Documentary Evidence Required
- 06Admissibility Considerations and Subsequent Renewals
- 07The Importance of Documentation
- 08Understanding the Policy's Reach
- 09Procedures Upon Final Decision
- 10Frequently Asked Questions
This update facilitates easier access to temporary residence for those on the path to permanent residence, specifically focusing on family reunification for Ukrainian nationals. This policy is directly aimed at foreign nationals from Ukraine and their families who are pursuing PR status under the designated pathway. Here’s what you need to know about the changes and their implications.
| What Changed | Details |
|---|---|
| Eligible TR Applications | Open work permits, work permit renewals, study permits, and restoration or extension of TR status |
| Expiration Date | Policy valid until March 31, 2027 |
| Restoration Period | Applications for restoration allowed past standard 90-day window until March 31, 2026 |
Eligibility Criteria
To be eligible for this facilitated policy, the principal foreign national applicant must be a national of Ukraine or a spouse/common-law partner of one. Moreover, they should have applied under the TPP for permanent residence, with their application already in processing and not refused or withdrawn. Eligible family members must be defined under R1(3) and included as accompanying family members in the permanent residence application.
Both principal applicants and their family members need to apply for an open work permit, work permit renewal, study permit, or to restore their TR status. Importantly, if applicants have lost their status, they must apply for restoration on or before March 31, 2026. All applicants must be physically present in Canada at the time of application reception and issuance.
Application Process for Open Work Permits
Eligible applicants for an open work permit as per this policy can apply within Canada even as visitors, thanks to exemptions from certain regulatory requirements. In cases where a restoration of status is needed, applicants should submit an IMM 5708 application to remain in Canada as a visitor before applying for a work permit using an IMM 5710 application.
It's essential to submit the processing fee outside of the online application to prevent redundant charges from automatic fee generation. Applicants are required to provide documents including proof of Ukrainian nationality, evidence of family relationships, and confirmation of presence in Canada. These measures ensure that the application is processed promptly under the policy guidelines.
Study Permits and Temporary Residence Extension
The policy also facilitates the application process for study permits. Ukrainian nationals can renew study authorizations by applying before expiration, maintaining their status during processing. Restoration applications must adhere to similar guidelines as work permits. However, TRP holders must apply for renewals via paper applications, as they do not maintain status during processing.
Extensions for TR status under this policy are designed to be more accommodating. If an applicant is out of status and seeks restoration, they must apply by March 31, 2026. Documentation proving valid status or eligibility for restoration is crucial to the success of these applications.
Regulatory Exemptions
Several regulatory exemptions apply under this policy, simplifying the process for applicants. For instance, applicants within Canada can apply for work and study permits as visitors. Specific requirements that generally apply under the Immigration and Refugee Protection Act (IRPA) have been waived, provided the application is submitted by March 31, 2026.
Should there be any delays or procedural mishaps related to Ukrainian passport renewals, applicants must provide comprehensive explanations and documentations detailing their efforts toward obtaining a valid passport. This ensures procedural fairness as per the discretionary relief measures under section A25.1.
Documentary Evidence Required
Applications under this policy must be supported by substantial documentary evidence. Principal applicants need to supply documentation confirming Ukrainian nationality and TR status. Documents like passport copies, boarding passes, and proof of residence in Canada are necessary.
For family members, proof of relationship with the principal applicant such as marriage certificates or birth certificates is mandatory. Furthermore, all applications must include detailed letters explaining their application under this public policy and any discrepancies due to logistical hurdles, like passport delays.
Admissibility Considerations and Subsequent Renewals
Admissibility checks focus primarily on compliance with the policy and the IRPA. Applicants benefitting from this TPP are exempted from penalties related to overstaying or unauthorized study/work, pending timely applications before March 31, 2026. All other admissibility requirements remain enforced.
Renewals under this policy consider PR applications that are in process and not withdrawn or refused. Eligibility extends across renewals for work permits, study permits, or restored TR status. Fees applicable to these processes must align with guidelines, where specific exemptions like the open work permit holder fee exist.
These updates mark a pivotal adjustment in processing temporary residence applications, providing a stable pathway towards permanent residency while ensuring continuous legal status for Ukrainian nationals and their families in Canada.
Under these updates, it's imperative to recognize the emphasis on timely and complete submissions. Individuals applying for restoration of status and authorization changes (such as shifting from a visitor to a worker or student) are encouraged to include explanatory letters. Such letters should clarify the nature of their application and any special considerations noted in the policy guidelines. This approach ensures officers are fully informed when assessing multiple facets of the application.
The documentary requirements are structured to support applicants in demonstrating compliance with the policy’s provisions. For open work permit applications, principal applicants are required to showcase their genuine ties to Ukraine through official documents, such as passports. In addition, proof of address offers insight into applicants’ stability and permanence in Canada, thereby solidifying their intention to reside temporarily but continuously.
The Importance of Documentation
Effective documentation serves two purposes: it supports the claims made within the applications and aids immigration officers in decision-making. Providing comprehensive financial and residential proofs not only assists in establishing eligibility but also affirms the applicants' active involvement in Canadian life. This includes bank statements that illustrate financial transactions within local economies, or employer contracts that demonstrate job stability and community engagement.
In cases of missing documentation, applicants are advised to supply detailed rationale and any efforts made to procure missing documents. It’s prudent for applicants to anticipate document requests and prepare supplementary evidence that could include affidavits or third-party attestations.
Family members applying under this policy must corroborate their relation to the principal foreign national with precise documentary proofs. This correlation from documents such as birth certificates or marriage documents assures the authorities of the application’s legitimacy and aids in streamlining processing times by clearly situating family within the applicant’s immediate support network.
Understanding the Policy's Reach
This temporary public policy extends a crucial lifeline to many Ukrainian nationals residing in Canada. By easing some of the stringent entry and residence guidelines under typical situations, the policy offers a more accessible route for maintaining or restoring valid TR status, and consequently, pursuing PR. This flexibility is vital in challenging situations where geopolitical dynamics limit traditional avenues of immigration processing, aligning with Canada's humanitarian approach to international crises.
Furthermore, the policy reflects an acknowledgment of the barriers these applicants might face, evidenced by provisions like allowing applications beyond the standard 90-day restoration window. This measure is critical for applicants who may not have been able to act within conventional timeframes due to uncontrollable circumstances, like document procurement delays or logistic restrictions arising from geopolitical instability.
Each aspect of the policy collectively underscores IRCC's commitment to maintaining the integrity of Canada’s immigration system while recognizing the necessity for compassionate allowances during crises. Officers play an instrumental role in this framework, tasked with the delicate balance of enforcing regulations and applying discretionary measures where justified, such as considering waivers under A25.1.
Procedures Upon Final Decision
The final decision regarding applications is a crucial juncture in the immigration process. Successful applicants for an open work permit will see their permit issued with a validity of up to three years, or until passport expiry. This guarantee aligns the duration of TR status with the applicant’s residency capabilities, respecting limitations like travel document validity.
Study permits will line up with educational commitments, tying validity directly to course duration or respective passport terms. Additional considerations include biographical and biometric data that further authenticate applications, helping officers to ensure both security and procedural precision in admissions.
Addressing application refusals, IRCC mandates that officers record detailed reasons, balancing transparency with procedural accuracy. A thorough documentation of refusal reasons aids applicants in understanding deficiencies, potentially guiding appeal or reapplication strategies.
Frequently Asked Questions
Q: What happens if I cannot obtain my Ukrainian passport in time?
A: If you face delays in renewing your Ukrainian passport, provide a detailed explanation and a copy of your expired passport. You should also include evidence of attempts to renew the passport, along with plans to submit your new passport once available.
Q: Can I apply for these permits if I’ve left Canada temporarily?
A: Applicants who leave Canada during the processing period must ensure their TR status is valid or eligible for restoration when they return. If your status requires restoration, remain in Canada until a decision is made.
Q: What fees am I exempt from paying under this policy?
A: Applicants are exempt from the $100 open work permit holder fee. However, other fees such as the work permit processing fee and biometric fees must still be paid as applicable.
This new facilitated policy underscores the Canadian government’s adaptive immigration policies, reflecting readiness to accommodate individuals affected by global crises. By continuing to evaluate and adjust regulatory measures, Canada remains committed to providing fair opportunities while preserving national integrity and security.
Stay informed on your application status and any new developments by visiting the IRCC’s official application status page. Ensure your documentation is thorough and up-to-date to leverage all available benefits.
About Author
