Sudanese nationals in Canada

Temporary measures to support Sudanese nationals in Canada

Last week, Parsai Immigration reported on the compassionate approach that Canada was taking to the ongoing crisis in Sudan by implementing new immigration measures for Sudanese nationals already in Canada. Subsequently, on April 29, the Honourable Sean Fraser, Minister of Immigration, provided further information regarding these special measures.

This article will explore the measures for Sudanese nationals in Canada and the temporary halt on removals to Sudan.

Measures for Sudanese Nationals in Canada

According to the new announcement, beginning April 30, 2023, Sudanese nationals in Canada can extend their stay or change their status as visitors, students, or temporary workers without incurring any fees. Additionally, they can obtain free open work permits, enabling them to access the labour market and attain greater flexibility in supporting themselves during their time in Canada.

These initiatives supplement the fee waivers for passports and travel documents for Canadians and permanent residents in Sudan, as well as the prioritization of fully completed applications for temporary and permanent residence from individuals in Sudan, which will be processed when safe travel is feasible.

Moreover, certain permanent residence applicants outside of Canada might lack access to their Sudanese travel documents. Consequently, Canada is eliminating the necessity for a passport or travel document as a requisite for obtaining a permanent resident visa to enter Canada.

Temporary halt on removals to Sudan

The Canada Border Services Agency (CBSA) decided to put on hold removals to Sudan. A removal order means you must leave Canada. However, several reasons can prevent a removal order from being enforced expeditiously, one of them is the administrative deferral of removal (ADR).

According to the CBSA, the administrative deferral of removal is meant to be a temporary measure when immediate action is needed to temporarily suspend removals in situations of humanitarian crises.

About Removal Orders and Administrative Deferrals of Removal (ADR)

  • Removal order

Sometimes people who are inside Canada receive a removal order. A removal order means you must leave Canada, said our CEO and RCIC-IRB, Al Parsai. He continues, “Removal orders could affect any foreign national or permanent resident. In other words, no nationality is exempt from removal orders. However, a temporary measure could put the removal of some nationalities on hold.”

You can read about the types of removal orders and authorizations to return to Canada in the following articles: Removal Orders Canada – Deportation, Exclusion, Departure, and Authorization to Return to Canada – ARC Application.

  • The Administrative Deferral of Removal (ADR)

The Administrative Deferral of Removal (ADR) is meant to be a temporary measure to delay removal orders in situations of humanitarian crises. However, once the situation in a country stabilizes, the ADR is lifted and the CBSA resumes removals for individuals who have a removal order in effect.

An individual who is not allowed into Canada on grounds of criminality, serious criminality, international or human rights violations, organized crime, or security can still be removed despite the ADR.

CBSA

Further, an ADR is currently in place for:

  1. Certain regions in Somalia (Middle Shabelle, Afgoye, and Mogadishu),
  2. The Gaza Strip,
  3. Ukraine,
  4. Syria,
  5. Mali,
  6. The Central African Republic,
  7. South Sudan,
  8. Libya,
  9. Yemen,
  10. Burundi,
  11. Venezuela,
  12. Haiti,
  13. Iran, and
  14. Sudan
  • Other solutions to prevent removal orders

Depending on the circumstances, a removal order could become ineffective temporarily or permanently. For example, the following is a typical solution: Pre-Removal Risk Assessment Canada – PRRA.

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    Disclaimer:
    This article provides information of a general nature only. Considering the fluid nature of the immigration world, it may no longer be current. Of course, the item does not give legal advice. Therefore, do not rely on it as legal advice or immigration advice. Consequently, no one could hold us accountable for the content of these articles. Of course, if you have specific legal questions, you must consult a lawyer. Alternatively, if you are looking for immigration advice, book an appointment.

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    Andrea Neira