With the ongoing Russian invasion of Ukraine, countries are looking for ways to assist Ukrainians who are seeking safe refuge. Canada has announced new measures to assist those affected by the ongoing conflict in Ukraine, including a new temporary residence pathway for Ukrainians seeking to temporarily come to Canada to live and work or study and a resource to assist employers with hiring Ukrainian employees.
Several other support measures are also already in place as outlined in our previous blog post.
MLT Aikins LLP recognizes that the situation in Ukraine is ever-changing; we will continue to monitor and provide updates on the Government of Canada’s response.
Canadian-Ukraine Authorization for Emergency Travel
Canada has announced the launch of the Canada-Ukraine authorization for emergency travel (“CUAET”) which is an accelerated temporary residence pathway for Ukrainians seeking emergency refuge in Canada. CUAET allows Ukrainian nationals and their family members to come to Canada on an accelerated basis and provides them with the opportunity to work and study while in the country.
CUAET for Applicants Outside of Canada
Ukrainian Nationals
The CUAET gives Ukrainian nationals a Temporary Resident Visa (“Visitor Visa”) to come to Canada on a temporary basis until it is safe to return home to Ukraine. The CUAET Visitor Visa:
- is fee-exempt
- is valid for 10 years or until the applicant’s passport expires;
- allows for travel in and out of Canada, as long as the applicant’s Visa is valid;
- is processed on a priority basis; and
- allows applicants to apply for a fee-exempt work permit at the same time.
Ukrainian nationals will be given status as a visitor, worker (if they applied for the open work permit), or a student (if they are under 17 and want to study in Canada) upon arrival at the Canadian border.
Ukrainian nationals can stay up to three years at a time or until their passport expires. They can apply to extend their stay when their status in Canada is about to expire.
Applicants should have a valid Ukrainian passport or another national identity document. However, Ukrainian nationals can still apply if they do not have the required identification documentation and an officer will determine if they meet the requirements of a temporary resident permit.
Unvaccinated or partially vaccinated Ukrainian nationals (or those with vaccinations not recognized by Canada) can still enter Canada, but will need to follow all other public health requirements including quarantine and testing.
Family Members of Ukrainian Nationals
A “family member” for the purposes of the CUAET is defined as a:
- spouse or common-law partner;
- dependent child (the Ukrainian nationals’, their spouse’s or common-law partner’s); or
- dependent child of a dependent child.
Applicants can apply if they are from a Visitor Visa required country (if from an e-TA required country, read the section below), can prove they are a family member of a Ukrainian national, and have a valid passport.
Some examples of documents accepted to prove the family relationship include:
- a marriage certificate or proof of common-law status (documents showing a shared address);
- a birth certificate; or
- other documents that show an immediate family connection (e.g., correspondence from Canada showing a spousal sponsorship application in progress or documents that show a shared home address).
Unvaccinated or partially vaccinated family members of Ukrainian nationals (or those with vaccinations not recognized by Canada) can still enter Canada, but will need to follow all other public health requirements including quarantine and testing.
Fees associated with a Visitor Visa, open work permit, study permit, temporary resident permit and biometric collection kit are waived. Applicants will need to pay for chest x-rays and blood tests if applicable.
From an eTA-Required Country
Family members of Ukrainian nationals who are from an eTA-required country will need to apply and pay for an eTA to travel to Canada.
These individuals can apply:
- to extend their stay in Canada as a visitor for an additional three years or until their visa expires;
- for a fee-exempt work permit once they arrive in Canada; or
- for a fee-exempt study permit (if applicable).
If You Already Have a Valid Visitor Visa or eTA
Ukrainian nationals or family members of a Ukrainian national who have a valid visitor visa or eTA, can travel to Canada on their existing Visitor Visa or eTA. Upon arrival in Canada, they can apply:
- to extend their stay in Canada as a visitor for an additional three years or until their visa expires;
- for a fee-exempt work permit once they arrive in Canada; or
- for a fee-exempt study permit (if applicable).
CUAET for Applicants Already Inside Canada
The CUAET allows Ukrainian nationals and their family members to extend their stay in Canada as a:
- visitor for up to three additional years or until their passport expires;
- worker for up to three additional years or until their passport expires; or
- student for a duration of their studies.
Applicants must be a Ukrainian national with a valid passport or a family member of a Ukrainian national (as defined above). Passports can be renewed or issued at a Ukrainian embassy in Canada.
Applicants do not need to pay fees for open work permits, study permits, applications to extend temporary resident status, or temporary resident permits. A medical exam fee may apply if required for an application.
Employers Seeking to Hire Ukrainian Talent
Employers seeking to hire Ukrainian nationals or their family members can register job offers on Job Bank’s Jobs for Ukraine website. Job Bank connects local organizations and employers with Ukrainians seeking work in their communities.
Canada is also in discussions with provinces and territories, the Canadian business community, and the Ukrainian-Canadian community to identify further ways to best support Ukrainians arriving in Canada. More information is expected to be available soon.
If you are an employer looking to hire Ukrainian nationals or their family members for your workforce, the MLT Aikins immigration and labour and employment lawyers would be pleased to discuss the available opportunities with you.
Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.