Soon after the first Russian bomb landed in Ukraine, I reached out to one of our firm’s clients to ask about his family back home. This client happens to be a Ukrainian residing in the U.S., and we had been helping him with an unrelated legal matter. The client called me back and described a scene for his family, trapped in Ukraine, reminiscent of the early days of World War II. Both his parents, in their 60s and retired, have been sheltering in place in their town in Ternopil, Ukraine. His sister, also a lawyer, is with them. Our client’s wife, also Ukrainian, has relatives living not too far away in the same town, also forced to shelter in place. Her grandfather, in his 90s, has already told the family that he’s not going anywhere and is bracing for the worst. There are two young children in Ukraine, our client’s nephew and niece, who happen to be the same age as my two young ones at home. It was immediately clear to me that something needed to be done.
Canada initially released news of a plan to offer a special visa to help Ukrainians both in Ukraine, and those displaced out of Ukraine, come to Canada. While the rules had not yet been pronounced for this special visa, we began the prepare visitor applications for our client’s relatives in Ukraine on a pro bono basis. In order to know first-hand what would be happening with the rules, I joined the Canadian Bar Association’s Pro Bono lawyer newly formed section for Ukraine.
Canada has the second largest Ukrainian community after Russia, outside of Ukraine. There are over 1.3 million Canadians of Ukrainian descent or Ukrainian-born people who immigrated to Canada. The largest concentrations of Ukrainians are in Ontario and Western Canada. The Canadian-Ukrainian community has made a significant imprint on Canada’s cultural, political and economic fabric and is the most active Eastern European community in Canada. Currently, the deputy prime minister and minister of finance of Canada, Chrystia Freeland, is of Ukrainian descent and speaks Ukrainian.
On March 22, the Canada-Ukraine authorization for emergency travel (CUAET) was announced. This is a special measure that the government of Canada has introduced to support the people of Ukraine. It offers Ukrainians and their family members free, extended temporary status and allows them to work, study and stay in Canada until it is safe for them to return home. The initial visa is for three years, as opposed to the standard visitor status of six months. In addition, applicants can get an Open Work Permit, which allows them to work for any Canadian employer once they arrive in Canada. Ukrainians who obtain this visa will get provincial health coverage and a social insurance number. Ukrainians already in Canada can also extend their status using the CUAET visa. Ukrainian children can attend school in Canada, and a study permit will be granted on arrival to Canada for those needing one. All Ukrainians and their family members will have most of their application and processing fees waived, including the visa application fee, biometric collection fee, work and study permit application fees, visitor extension and work and study permit renewal fees. Applicants will have all their IRCC applications prioritized for processing, with a turnabout processing time of 14 days.
Another critical aspect of this program is that applicants who obtain the CUAET are allowed to apply for permanent residence under a variety of different immigration programs and streams if they are eligible to do so. Even the COVID rules for Ukrainians have been relaxed for entry to Canada.
The CUAET comes as a stark contrast to the situation for Ukrainians considering the U.S. immigration system. Those looking to come to the U.S. from Ukraine will be told that there is humanitarian assistance available in Poland and that the U.S. Embassy in Kyiv is closed. No special visa or waiver of requirements have been pronounced by the U.S. Ukrainians are arriving at the southern American border, via Mexico, by the thousands. Refugee camps have been set up, and numbers are rising, without any promises of entry. If TPS (“Temporary Protective Status”) is declared in the U.S. at some point, like it was for those feeling Haiti, it is important to understand that this status will not be permanent. As its name clearly states, TPS status is “temporary”; this means once it is over, applicants will have to find a new status in the U.S., or return to Ukraine.
I have never seen such a beneficial visa as the CUAET by any country in my many years of doing international law. This is truly a unique path into a country that will offer Ukrainians excellent social and economic benefits, plus the instant support of a Ukrainian community already in place.
It is important to note that the CUAET visa is also available to Ukrainian relatives who reside outside of Canada (but not necessarily in Ukraine). Therefore, any Ukrainian residing in the U.S. who wishes to move to Canada, can also apply for the CUAET. The point of this openness is to allow family members to reunite with their relatives who arrive in Canada from Ukraine.
Please discuss the availability of Canada as an alternative to the US.. for any Ukrainian who needs a safe country to turn to with minimal effort. Canada is clearly leading the charge in welcoming those who are fleeing the atrocities committed by Russia. Our client’s parents were approved by IRCC for their visa just this week, and they can now begin plans to leave their home and property behind to head out to Romania and board a flight to Canada.
We urge readers to spread the word of this CUAET visa so that fewer Ukrainians end up coming through difficult channels to the US.. via Mexico. Our firm has formed a unit of legal professionals offering to donate their time to helping Ukrainians apply for the CUAET. We have successfully filed a dozen cases already and hope to help many more applicants. Anyone interested in assisting in this effort should reach out to us at [email protected].
Veronique Malka is an immigration lawyer for the Canadian Law Group LLC.
