SPECIAL IMMIGRATION MEASURES INTRODUCED BY THE MRCI, IN RESPONSE TO THE TSUNAMI DISASTERS OF DECEMBER 26, 2004

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1 COURTESY TRANSLATION SPECIAL IMMIGRATION MEASURES INTRODUCED BY THE MRCI, IN RESPONSE TO THE TSUNAMI DISASTERS OF DECEMBER 26, 2004 QUESTIONS AND ANSWERS For more information on the following measures, you may contact the Ministère des Relations avec les citoyens et de l Immigration (MRCI) at or by at tsunami@mrci.gouv.qc.ca. WHAT SPECIAL IMMIGRATION MEASURES HAS THE GOVERNMENT OF QUÉBEC INTRODUCED? It has introduced measures to: Expedite sponsorship applications for spouses, de facto spouses, dependent children, minor orphan children, and parents or grandparents seriously and personally affected by the disaster; Give priority processing to applications by persons seriously and personally affected by the disaster who have family members in Québec but cannot be sponsored as Family Class applicants; Give priority processing to applications filed by skilled workers who have been seriously and personally affected by the disaster; Waive application processing fees levied by Québec for applications filed as of December 26, 2004 by persons seriously and personally affected by the disaster, whether they are sponsored applicants, persons whose applications are processed in accordance with the ministerial discretional authority, skilled workers, or foreign nationals temporarily residing in Québec for work or study or family members accompanying them. WHICH AREAS ARE CONSIDERED TO BE PARTICULARLY AFFECTED BY THE DISASTER? Québec considers as particularly affected, the same areas as those identified by the federal government. Based on information last updated on January 11, the following areas are reported as most affected:

2 Sri Lanka: the east coast of Sri Lanka, including large areas of the Jaffna peninsula (the entire eastern coast of Jaffna peninsula, Point Pedro, Manalkadu, the northern coastline of Jaffna), Mullaitivu, Tricomalee, all the way to Galle in the south; India: the coastal areas of the states of Tamil Nadu, Andhra Pradesh, Kerala, the territories of Pondicherry, Andaman and the Nicobar Islands; Indonesia: the west coast of northern Sumatra, including Aceh province (all areas) and the offshore islands, as well as the north and north-eastern coasts of Sumatra; Thailand: the west coast of Thailand and the islands off this coast, including Phuket; Malaysia: Penang and Langkawi Islands; The Maldive Islands: all coastal areas; The Seychelles: the coastal areas of Mahe, the Praslin islands and certain coastal areas of La Digue and Cerf islands; Somalia: north-eastern Somalia, i.e. Puntland, particularly along the coastline between Hafun (Bari region) and Gracad (Mudug region). HOW WILL IT BE DETERMINED WHETHER A PERSON HAS BEEN SERIOUSLY AND PERSONALLY AFFECTED BY THE DISASTER? For Family Class applicants, the federal government will determine, with the assistance of its offices overseas, whether a person may take advantage of the special measures because he or she has been, and continues to be, seriously and personally affected by the disaster at the time the application is under review. Québec will be responsible for decisions respecting any other applications for Québec selection and for applications for a Québec Certificate of Acceptance (QCA). For example, a person seriously and personally affected by the tsunamis of December 26 could have been injured, lost the support of family members, witnessed the death of immediate family members, lost his or her home, job or the possibility of attending school. To benefit from the special measures, a permanent residence in the above-mentioned areas is not necessary. For instance, a family from Colombo in Sri Lanka could have been spending the holidays at the coast and lost their father. 2

3 Québec s decision will be based on the applicant s ability to successfully integrate into Québec society and the support offered by family members. The more vulnerable the person s situation, the less emphasis will be placed on his or her ability to settle in Québec. MORE SPECIFICALLY, WHAT ARE THE MEASURES AFFECTING FAMILY CLASS APPLICANTS? Québec will expedite the processing of Family Class applications. First priority will be given to spouses and children. Second priority will be given to parents and grandparents. As usual, all sponsorship applications must first be submitted to the federal government, which will then forward the files to Québec if the sponsor is a Québec resident. Sponsorship applications forwarded by the federal office in Mississauga for foreign nationals affected by the earthquake have been processed even though the information confirming that these persons are from particularly affected areas or that they have been personally affected is not available. Local lists are no longer available. Sponsorship applications forwarded to the MRCI by Citizenship and Immigration Canada (CIC) after December 26, 2004 for persons seriously and personally affected by the disaster will be processed on a priority basis at no cost. Sponsors who are unable to have the necessary documents completed and signed by the sponsored person may complete the Application for a Selection Certificate in the kit and should indicate that the sponsored person could not sign it. If necessary, the Service aux garants will contact the sponsors. Canadian citizens and permanent residents wishing to sponsor immediate family members seriously and personally affected by the disaster may obtain the necessary forms by contacting the Call Centre ( in Canada only) or by downloading them from the CIC web site ( Furthermore, irrespective of the country of residence, all applications for Québec Selection Certificates (QSC) for overseas family members of persons recognized as refugees in Canada will be processed within a two-week period. WHAT ABOUT PERSONS SERIOUSLY AND PERSONALLY AFFECTED BY THE DISASTER WHO CANNOT BE SPONSORED AS FAMILY CLASS APPLICANTS BUT WHO HAVE FAMILY MEMBERS IN QUÉBEC? In accordance with its discretionary powers, Québec will expedite the assessment of applications from family members who cannot be sponsored as family class applicants. Québec may select persons whose situation is so distressful that they deserve consideration on humanitarian grounds because their physical, mental or moral well-being and the well-being of 3

4 members of their family legally in Québec would be seriously jeopardized if they could not come to Québec. Applicants who believe they have been seriously and personally affected and intend to reside in Québec must apply to a visa office rather than to Québec immigration offices overseas. They must complete the application form for a permanent resident visa (IMM 008) as a skilled worker and attach a letter, bearing the word TSUNAMI in capital letters, explaining in detail their personal situation and indicating the ties they have to Québec or the support awaiting them there. To expedite the review process, it is strongly recommended they include a letter from their relative in Québec. WHAT ABOUT PERSONS WHO HAVE NO FAMILY IN QUÉBEC BUT ARE PERSONALLY AFFECTED BY THE DISASTER AND WISH TO SETTLE IN QUÉBEC? Applications filed by skilled workers personally affected by the disaster will be given priority processing. Applications for a Selection Certificate (ASC) must be directly forwarded to a Québec immigration office abroad, in either Damascus (Sri Lanka, India, Maldive Islands), Hong Kong (Indonesia, Thailand, Malaysia) or Paris (Seychelles, Somalia). Applications for a Selection Certificate may be downloaded at These applicants should write TSUNAMI on the envelope and enclose a letter explaining why their application should be given priority processing at no cost, given their personal situation in the wake of the disaster. Persons whose ASC is already under review and who are seriously and personally affected by the disaster should write to the appropriate Quebec immigration office to make their situation known. IS IT POSSIBLE TO SPONSOR AN ORPHAN CHILD AS A FAMILY CLASS APPLICANT? Yes, orphans under 18 years of age who are not married or de facto spouses may be sponsored by a brother, sister, uncle, aunt, grandfather or grandmother who is a permanent resident or a Canadian citizen. Certain financial conditions must be met for the sponsorship to be accepted. Sponsors must sign an undertaking agreement for a period of 10 years or until the child reaches the age of majority (age 18), whichever period is longer. 4

5 Sponsors must also obtain a psychosocial evaluation of their home environment from a Centre Jeunesse (Youth Centre) to determine that they are able to ensure the child s healthy development. WHAT ABOUT PERSONS UNABLE TO MEET THE FINANCIAL REQUIREMENTS TO SPONSOR A FAMILY MEMBER WHO IS A MINOR ORPHAN? If a family is unable to meet the financial requirements, the file of the orphan child will be assessed under the ministerial discretionary authority. The Ministère will examine the child s situation, i.e. the relationship between the child and the person residing in Québec, the child s current circumstances and needs, and the ties that would be broken by a move to Québec. For the application to be accepted, it must be established that it is in the child s best interest to be admitted to Québec and live there with a sponsor whose financial resources are limited (given the refusal of the application for an undertaking). ARE THE PROCEDURES FOR SPONSORING AN ORPHAN CHILD LONG AND EXPENSIVE? Québec and the federal government will be waiving processing fees for applications filed under the special measures and process these applications on a priority basis. However, fees are required for the psychosocial evaluation ($840), which is conducted by the Centres Jeunesse (Youth Centres). Regardless of the urgency of a given situation, Québec is responsible for ensuring that all decisions are made in the best interest of the child. WHAT ABOUT INTERNATIONAL ADOPTION? It is far too soon to consider international adoptions. What s more, Québec is required to comply with international conventions and agreements with the countries in question. WHAT MEASURES APPLY TO FOREIGN NATIONALS PERSONALLY AFFECTED BY THE DISASTER WHO ARE TEMPORARILY RESIDING IN QUÉBEC AS TEMPORARY WORKERS OR FOREIGN STUDENTS? Québec will waive the fees applicable to persons in this class who have to renew their Québec Acceptance Certificate (QAC). 5

6 The MRCI will carefully monitor the files of students who might, for example, be unable to continue their studies or return home once they have completed their program because of the disaster. Students or temporary workers who are seriously and personally affected by the disaster and who wish to find out about assistance available to them in Québec may contact the Ministère des Relations avec les citoyens et de l Immigration at or by at tsunami@mrci.gouv.qc.ca. January