How the Canadian Immigration System has Responded to Crises in Iran and Sudan
When a country falls into a long-lasting security crisis, Immigration, Refugees and Citizenship Canada (IRCC) will sometimes set up special rules to make it easier for people from the affected country to come to Canada.
Since these programs are not part of normal immigration law, and are often created in response to political pressure, they can take very different forms. The special rules developed for Afghans in 2021, Ukrainians in 2022, and Gazans in 2024 differ greatly from each other.
Below we will explain the special rules in place for Iran and Sudan.
IRAN
IRCC currently has special measures in place for Iranian nationals that are set to expire on February 28. While Canada sometimes renews its special programs, the safe thing is always to act before the existing deadline passes.
Under this program, Iranian passport holders currently in Canada can apply to renew their temporary status documents free of charge. The specific documents you can renew are study permits, work permits and temporary resident permits.
Iranians who are in Canada on a visitor visa can also apply, free of charge, for what is called a visitor record (a document that allows your visit to go beyond the 6 months normally allowed).
Iranian passport-holders in Canada are also exempt from having to pay the $85 fee for biometric exams (though they still may be asked to undergo the exams).
In order to benefit from these measures, you must renew your permit before it expires. If you wish to restore your permit within 90 days of it expiring (“restore your status”), you will still have to pay the $200 restoration of status fee.
Finally, Canada is waiving fees for Canadian citizens and permanent residents in Iran who need a document to prove their Canadian citizenship (such as citizenship certificates, lost passports, the passport pick-up service fee, and permanent resident travel documents).
On the other hand, Canada has also been keeping an eye out for Iranians with ties to the country’s government, and initiating proceedings to remove them from Canada. This may raise issues for Iranians who held government jobs (willingly or under coercion), regardless of whether they, as individuals, could be said to be complicit in human rights abuses.
Immigration law often takes a broad brush approach when it comes to governments and political parties that Canada wishes to condemn. Often the only relevant legal question is whether an individual was a member of an organization, and not whether they as an individual behaved honorably.
SUDAN
Many of the same special measures in-place for Iranians in Canada also apply to Sudanese in Canada. Sudanese passport holders are exempt from paying application and biometric fees when applying to extend their temporary stays in Canada (this program is in place until October 27, 2024)
Canada is also waiving the fees for new applicants for study permits, open work permits and family sponsorship. These fee waivers only apply to individuals who were in Sudan on or after April 15, 2023, but who are now in Canada.
Finally, Canada is introducing a new permanent residence program for those who had been living in Sudan on or after April 15, 2023 (it is not clear if they have to be Sudanese citizens). Applications for this program will not open until February 27, but we encourage individuals who are interested in applying to get legal advice in advance of this date.
To be eligible to apply, the Sudanese resident must have an adult family member in Canada (18 or older) who is a Canadian citizen or permanent resident. This individual is referred to as an “anchor.” The relative in Sudan must be the anchor’s child (regardless of age), grandchild, parent, grandparent, or sibling.
The anchor must prove they have sufficient funds to support the people they are bringing to Canada. This can be proved by showing the anchor’s income meets the “low-income cutoff” set by Statistics Canada to cover the costs of both their own, and the new immigrants’ families. For example, if you have a family of three and the family you are bringing over is also a family of three, an anchor who lives in Toronto must have a minimum income of $65,400 (the exact number may vary as we move into 2024).
IRCC offers two other alternatives for proving you have sufficient funds. One is opening a trust account at a bank, and depositing money in it for your relative. If you are bringing one individual to Canada, for example, you will need to put $9,900 in a trust account for them. However, if that individual has a spouse or dependent children you will have to provide funds for them as well (regardless of whether they come to Canada). *Canada’s policy now says you only need sufficient funds for family members travelling to Canada. (updated March 11, 2024)
Alternatively, an individual who has some money in a trust account can add that money to their income calculation in order to reach the minimum required income. For example, if you have $5,000 in a bank account and your income is $65,000, you can add them to give yourself an income of $70,000. Immigration’s instructions about this third option are written confusingly, so we suggest seeking further clarification from a lawyer if you choose to prove your income in this manner.
CONCLUSION
We hope Canada’s special programs will help Iranian and Sudanese people find safety. We also recognize that there are many affected individuals, particularly our own clients, who these programs will not help. The Sudanese permanent residence program will likely be inaccessible to those without middle-class incomes. Nonetheless, if you have any questions about these programs, please contact your community legal clinic for summary advice.
The above is legal information and not legal advice. If you need further information or need legal advice, please call our Intake Line at 416-441-1764 ext. 1 or complete our online Intake Form.