IRCC Issues Guidelines for Haitian and Zimbabwean Nationals Applying for Permanent Residence in Canada

the CanadaVisa Team - 21 July, 2016

The federal department of Immigration, Refugees and Citizenship Canada (IRCC) has published an operational bulletin covering the temporary public policy for applications for permanent residence on humanitarian and compassionate (H&C) grounds as a result of lifting the temporary suspension of removals (TSR) on Haiti and Zimbabwe.

Affected citizens from Haiti and Zimbabwe have until August 4, 2016 to take advantage of the opportunity to apply for permanent residence in Canada on H&C grounds and benefit from an administrative deferral of removal until they receive a decision on their application. Earlier this year, the government of Canada approved a measure that allowed Haitians and Zimbabweans in Canada six additional months to apply for permanent residence without risk of removal from Canada.

Previously, on November 26, 2014, the Minister of Citizenship and Immigration, who was Conservative MP Chris Alexander at that time, signed a temporary public policy for nationals of Haiti and Zimbabwe who would be affected by the lifting of the TSR. On December 1, 2014, the TSR on Haiti and Zimbabwe was lifted.

A TSR halts removals to a country or a place where there is a generalized risk to the entire population, such as war, civil unrest or environmental disaster. As a result, individuals who are unsuccessful in their refugee claim or are inadmissible and who, under normal circumstances, would be subject to removal are allowed to stay in Canada temporarily.

Applications for permanent residence under H&C grounds

Affected Haitian and Zimbabwean individuals in Canada should review the eligibility requirements outlined below.

The applicant:

• is a national of Haiti or Zimbabwe;
• is currently residing in Canada and was residing in Canada on the day of the TSR lifting (i.e., December 1, 2014);
• is the subject of a removal order (including conditional removal orders) or is out of status;
• has never been found to be ineligible to have a refugee claim referred to the Immigration and Refugee Board (IRB);
• is not inadmissible on grounds of security, human or international rights violations, serious criminality, criminality or organized criminality;
• has not been excluded by the IRB from refugee protection under the United Nations Convention Relating to the Status of Refugees;
• has not had criminal charges dropped by the Crown to effect a removal order;
• has never had an outstanding criminal warrant; and,
• has
  • made an application for permanent residence on H&C grounds that was pending on or before February 4, 2016, the date this temporary public policy came into effect,
  • applied for permanent residence on H&C grounds in Canada no later than six months from February 4, 2016 (i.e., on or before August 4, 2016), or
  • applied for refugee protection and their claim for refugee protection was pending on February 3, 2016, the day before this temporary public policy came into effect, and the refugee claimant applies for permanent residence on H&C grounds no later than six months from a negative decision by the Refugee Protection Division of the IRB.