Summary
This Operational Bulletin (OB) provides instructions to officers pertaining to the Temporary Public Policy Concerning Foreign Nationals Affected by the Executive Order of the United States of America (USA) entitled ‘Protecting the Nation from Foreign Terrorist Entry into the United States’.
Issue
The President of the United States signed an Executive Order titled ‘Protecting the Nation from Foreign Terrorist Entry into the United States’ on January 27, 2017. This Executive Order could leave citizens from the following countries stranded in Canada:
- Iran
- Iraq
- Libya
- Somalia
- Sudan and,
- Yemen
Many of these individuals could well end up without any status.
The Background
The President of the United States signed an Executive Order titled ‘Protecting the Nation from Foreign Terrorist Entry into the United States’ on January 27, 2017. This Executive Order bars citizens from entering the United States of America (USA) for a period of 90 days:
- Iran
- Iraq
- Libya
- Somalia
- Sudan and,
- Yemen
In addition, it places an indefinite bar on the citizens of Syria from entering the United States.
This Executive Order could leave many citizens of these countries stranded in Canada. In response to this, Minister Ahmed Hussen has established a Temporary Public Policy (TPP). This Temporary Public Policy (TPP) includes special temporary status considerations for these affected individuals.
The Instructions
It is worth highlighting that the Temporary Public Policy (TPP) and these instructions apply only to those individuals affected by the Executive Order of the United States entitled ‘Protecting the Nation from Foreign Terrorist Entry into the United States’.
The Temporary Public Policy (TPP) comprises:
- Temporary Resident Permit (TRP) fee exemption at the Port of Entry (POE)
- Fee exemptions for specific temporary resident applications and,
- The ability to apply for work permits from within Canada
This Temporary Public Policy (TPP) comes into effect from January 30, 2017.
The Instructions for Border Services Officers
Foreign nationals who are citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen might seek to travel to the United States from Canada. However, the provisions specified in the United States Executive Order entitled ‘Protecting the Nation from Foreign Terrorist Entry into the United States’ might prevent them from doing so.
Officers who conduct assessments of these individuals would need to refer to the Ministerial Instructions (MIs) associated with this Temporary Public Policy (TPP). Together, the Temporary Public Policy (TPP) and the Ministerial Instructions (MIs) enable officers to issue short-term and fee-exempt Temporary Resident Permits (TRPs) as long as the applicants meet the prescribed conditions. It is worth mentioning that these Temporary Resident Permits (TRPs) will remain valid for up to 180 days.
The Instructions Pertaining to the Centralised Network
The Executive Order entitled ‘Protecting the Nation from Foreign Terrorist Entry into the United States’ will naturally affect several foreign nationals who were in Canada as of January 27, 2017. This is especially so in case these individuals had valid temporary resident status. With the coming into effect of the Executive Order, these individuals would now require temporary resident status or restoration.
To facilitate this, the authorities have enabled these individuals to apply to extend their stays in Canada. For this, these individuals would need to submit online or paper applications. The authorities require these applicants to detail the manner in which the Executive Order affects them. Applicants will need to provide these details in a separate document or letter and submit it along with their applications. These foreign nationals have the ability to apply for open work permits from within Canada as well.
The authorities have enabled these individuals to benefit from the following fee exemptions:
- The restoration of status fee i.e. $200
- The temporary resident extension application processing fees comprising:
- Visitor record i.e. $100
- Work permit $155
- The open work permit privilege fee for people already in Canada as of January 27, 2017
It is worth highlighting that some applicants might send their applications by mail. These individuals would need to send their applications to the following address:
The Case Processing Centre in Vegreville (CPC-V)
6212, 55th Avenue, Unit 601, Vegreville, AB T9C 1W9
In addition, these individuals would need to clearly label the envelope with the words ‘Urgent: Facilitation’. Applicants will need to include a written statement as well. This statement must specify the manner in which the Executive Order has affected them.
Similarly, some applicants might choose to send their applications online. These individuals would need to follow up their applications with an e-mail to facilitation@cic.gc.ca. In addition, these individuals would need to specify the words ‘Urgent: Facilitation’ in the subject line. In the body of the e-mail, these individuals would need to provide their application number as well. Applicants will need to include a written statement as well. This statement must specify the manner in which the Executive Order has affected them.
Source: Immigration, Refugees and Citizenship Canada (IRCC)
