Bridging Futures: Canada's Updated Public Policy for Vulnerable Individuals

In a significant move to address the unique challenges faced by individuals who arrived in Canada under the age of 19 and were placed under the legal responsibility of the child protection system, the Canadian government has introduced an updated temporary public policy. This policy aims to provide a pathway to permanent residence for those who, despite their vulnerable circumstances, may now face deportation and an uncertain future.

Background:

Individuals seeking pr visa in Canada often face inadmissibility challenges, leaving some who arrived as minors ineligible due to various reasons, including criminal activities committed later in life. The new policy acknowledges the plight of those who did not obtain permanent resident status or citizenship while under the legal responsibility of a child protection agency, leading to potential deportation and a precarious future.

Concerns raised by stakeholders highlight the vulnerability of these individuals, particularly the risks they may face if deported to a country with which they have little or no connection, having lived in Canada for an extended period.

Public Policy Considerations:

Recognizing the vulnerability of individuals who arrived in Canada under the age of 19 and were under the legal responsibility of a child protection agency, the public policy establishes a pathway to permanent residence for eligible foreign nationals and their in-Canada family members. Some of these individuals did not have permanent residence or citizenship applications made on their behalf while under the care of a child protection agency.

Conditions for Principal Applicants:

Delegated officers may grant permanent residence status to foreign nationals who meet the following conditions:

1. Entered Canada before age 19.
2. Physically present in Canada at the time of application.
3. Continuously resided in Canada for at least three years on the application date.
4. Continuously resided in Canada since age 19 if over the age of 19.
5. Was under the legal responsibility of a child and family services provider for at least 1 year (cumulative).
6. Intends to reside in a province or territory other than Quebec.
7. Not inadmissible, except under specific grounds mentioned in the policy.
8. Does not fall under section F of Article 1 of the Refugee Convention.
9. Holds a specified document or provides alternative documentation if unable to obtain the specified document.
10. Physically present in Canada at the time of granting of permanent residence.

Conditions for Family Members:

In-Canada family members of a principal applicant are eligible for permanent residence under this policy if they meet specified conditions, including physical presence in Canada, inclusion in the principal applicant's application, and compliance with admissibility criteria.

Definitions:

The policy clarifies that "under the legal responsibility of a child and family services provider" refers to situations where provincial or territorial authorities obtained full legal 'parental' responsibilities for the child by court order.

Approval in Principle:

Once a delegated officer confirms that the foreign national meets the specified conditions, they will approve the application in principle under this public policy. However, a final assessment of admissibility will be conducted before granting permanent residence.

Effective Date and Expiration:

This policy replaces a previous version and is effective from January 22, 2024, to January 21, 2027, with the possibility of revocation at any time. Applications received before the expiration or revocation of this policy will be processed accordingly.

Conclusion:

Canada's updated temporary public policy reflects a compassionate approach to individuals who, as minors, faced unique challenges in the country. By providing a clear pathway to permanent residence, the government aims to address the vulnerability of these individuals and offer them a chance at a stable and secure future in the country they have come to call home.