What is the change? Canadian authorities have announced that foreign nationals in Canada who are prevented from entering to the United States under an Executive Order signed by President Donald Trump on Friday may apply for temporary status in Canada.

What does the change mean? Effective immediately, foreign nationals in Canada who have been prevented from entering the United States under the Executive Order may apply for temporary status or an extension of their current temporary status. The Executive Order bars nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen from entering the U.S. for a 90-day period, though certain exceptions have been granted. Immigration, Refugees and Citizenship Canada will extend the special measures to nationals of those countries “who have the documents normally required to enter the U.S., but who cannot travel to the U.S. due to the Executive Order.”

  • Implementation time frame: The measures took effect immediately and will remain in placethrough April 30.
  • Who is affected: Nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen in Canada who are prevented from traveling to the U.S. because of the Executive Order.

Background: Trump signed an Executive Order on Friday which, among other measures, suspended entry to the U.S. for nationals of seven countries. The administration has since issued guidance to reduce the number of travelers subject to the order, including lawful permanent residents and dual nationals. Several courts have issued injunctions blocking portions of the order from taking effect, and the Department of Homeland Security says it is complying with the court orders while continuing “to implement President Trump’s Executive Order to protect the Nation from foreign terrorist entry into the United States.”

The Canadian government said it will waive fees for foreign nationals applying under its special measures.The government did say that affected foreign nationals “must meet Canada’s admissibility criteria to benefit from this public policy and must provide an explanation of how they are affected.” Applications will be considered on a case-by-case basis and can be submitted online or by mail. Applicants are urged to write “Urgent: Facilitation” either on their envelope (if applying by mail) or in the subject line of a follow-up email (if applying online).

BAL Analysis: The special measures could extend relief to some foreign nationals impacted by Trump’sExecutive Order. Due to the speed of developments in the U.S., those who are affected by the order are urged to contact BAL to discuss their best options.

This alert has been provided by the BAL Global Practice group and our network provider located in Canada. For additional information, please contact your BAL attorney.

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