On March 3, 2022, the Government of Canada announced in a News Release that, as part of its response to Russia’s invasion of Ukraine, Immigration, Refugees and Citizenship Canada (“IRCC”), it would be introducing new immigration streams for Ukrainians who wish to come to Canada temporarily or permanently. Further details regarding these new immigration streams appear below.

New temporary resident stream for Ukrainian nationals

IRCC will create a Canada-Ukraine Authorization for Emergency Travel, which will be available to individuals fleeing Ukraine. There will be no limit to the number of Ukrainians who will be permitted to apply. Ukrainians who are approved under this new temporary stream will be permitted to remain in Canada for up to two years.

According to the News Release, all Ukrainian nationals will be permitted to apply. This suggests that other individuals, such as foreign nationals who hold permanent resident status in Ukraine, will be precluded from applying under the new temporary stream.

The News Release states that this new temporary stream will be the fastest, safest, and most efficient way for Ukrainians to come to Canada and will eliminate many of the normal visa requirements. However, IRCC still intends to perform background checks and security screenings (including biometrics collection) on any Ukrainians who apply under this new stream.

Of course, the Visa Application Centres in Ukraine have been closed to the public since February 24, 2022. This will make it extremely difficult for Ukrainians residing in Ukraine to provide their biometrics in connection with this new temporary stream, as well as existing temporary resident categories.

The News Release indicates IRCC has increased its operational readiness in Europe, including relocating staff and moving additional supplies and equipment (including mobile biometric collection kits) in anticipation of an increased volume of requests. IRCC is also apparently relocating many of its pending Ukraine cases to consular posts in other countries, in order to ensure service continuity. Most cases are apparently been transferred to the Canadian High Commission in London, although some may also be transferred to the Embassy of Canada in Warsaw.

All Ukrainians who come to Canada under this new temporary stream will be eligible to apply for open work permits, making it easier for employers to quickly hire Ukrainian nationals. As previously announced, IRCC will also issue open work permits to Ukrainian visitors, workers and students who are currently in Canada and who cannot safely return home.

Based on the language of the News Release, it appears as though Ukrainian nationals entering Canada under this new temporary stream will not receive work permits at the time of entry but will instead need to apply for their open work permits after they have arrived in Canada. However, given the fact that IRCC is currently taking 133 days to adjudicate inland work permit applications, this could cause hardship for some applicants.

That said, IRCC will likely prioritize inland work permit applications filed by Ukrainian nationals who arrive in Canada under this new temporary stream. It has already confirmed that it will prioritize the renewal of work and study permits, so Ukrainians currently in Canada can extend their stay in Canada.

The News Release states that IRCC expects to open this new temporary stream in two weeks. In the interim, it will continue to prioritize applications filed by Ukrainians under existing temporary resident categories.

New permanent residence stream for certain Ukrainian nationals

The News Release also recognized that some immediate and extended family members of Canadian citizens and permanent residents may want to start a new life in Canada. In an effort to address this need, IRCC announced that it would quickly implement a special family reunification sponsorship stream for permanent residence.

Unfortunately, very few details regarding this new permanent residence stream were provided in the News Release. It stated only that IRCC would develop the details of this new permanent residence stream in the coming weeks. However, the reference to extended family members makes clear that it will extend beyond immediate family members of Canadian citizens and permanent residents.

Previously announced measures for persons affected by the situation in Ukraine

These new streams will build on existing measures that were previously implemented by the Government of Canada, in order to address the situation in Ukraine. These existing measures include the following:

1. IRCC has previously established a dedicated service channel for Ukraine immigration enquiries available for clients both in Canada and abroad at 613-321-4243, with collect calls accepted. Clients can also add the keyword “Ukraine2022” to the IRCC crisis web form with their enquiry and it will be prioritized.
2. The Minister of Immigration, Refugees and Citizenship has issued a national interest exemption to allow unvaccinated and partially vaccinated Ukrainian nationals who hold a temporary resident visa or temporary resident permit to enter Canada. This also applies to people who are vaccinated with vaccines not currently recognized by Canada. However, they will need to comply with all other public health requirements, including quarantine and COVID-19 testing requirements.
3. IRCC previously announced that it would waive fees (retroactive to February 22, 2022) for certain travel and immigration documents. These include Canadian passports, permanent resident travel documents, proof of citizenship, visitor visas, as well as work and study permits.
4. IRCC is prioritizing and urgently processing travel documents for Canadians, permanent residents, and their immediate family members, including issuing single-journey travel documents for immediate family members who do not have valid passports.
5. IRCC continues to prioritize citizenship grant applications for adoption, and permanent and temporary residence applications for people with a primary residence in Ukraine who wish to reunite or travel with family, study, work or start a new life in Canada.
6. IRCC is prioritizing the renewal of work and study permits, so Ukrainians currently in Canada can extend their stay in Canada.
7. IRCC has extended its temporary public policy, which allows certain individuals to apply for a work permit from within Canada.
8. The Canada Border Services Agency has implemented an administrative deferral of removals (“ADR”) for Ukraine. An ADR can temporarily delay the enforcement of a removal order. However, foreign nationals who are inadmissible to Canada for security reasons or on grounds of criminality, international or human rights violations, or organized crime are still subject to removal even with an ADR in place.

 For the latest news on the situation in Ukraine, check out our Ukraine/Russia: global support hub.