Pathway to permanent residence: Family reunification for Ukrainian nationals – Eligibility requirements for the public policy

Applicants applying under the public policy must meet certain eligibility requirements.

IRCC is required to follow the rules of procedural fairness throughout the decision-making process.

On this page

• Assessing the applicant
• Relationship to a Canadian citizen or permanent resident
• Ineligible applicants
• Eligibility of family members

Assessing the applicant

To be eligible under the public policy, the applicant must provide evidence that they are related to a Canadian citizen or permanent resident, and that this relationship is one of the relationships listed in the public policy. To qualify, the applicant must

• be physically present in Canada when the application is made
• have valid temporary resident status in Canada, or have had valid status in Canada that expired within the previous 90 days and have applied to restore their status
• have a valid passport or travel document, or provide a document described in subsections 178(1) and 178(2) of the Immigration and Refugee Protection Regulations (IRPR)
• submit an electronic application for permanent residence via the Permanent Residence Portal on the IRCC website, or, if they are unable to apply online, they have the option to request and submit an application in an alternative format
• not be inadmissible to Canada, other than being inadmissible for financial reasons
• be physically present in Canada when permanent residence is granted

and

• be a national of Ukraine
• be a spouse or common-law partner of a Canadian citizen or permanent resident who is 18 years or older, who resides in Canada, and who was not granted permanent residence under this public policy, or
• be a child (regardless of age), grandchild, parent, grandparent or sibling (including half-sibling) of a Canadian citizen or permanent resident who is 18 years or older, who resides in Canada, and who was not granted permanent residence under this public policy
• provide a signed statutory declaration (IMM 0191) (PDF) from the Canadian citizen or permanent resident, attesting to the relationship with the Ukrainian foreign national

or

• be the in-Canada spouse or common-law partner of a Ukrainian national who is a child (18 years or older), grandchild (18 years or older), parent, grandparent, or sibling of a Canadian citizen or permanent resident and is unable to leave Ukraine; or
• be the in-Canada spouse or common-law partner of a Ukrainian national who is a child (18 years or older), grandchild (18 years or older), parent, grandparent or sibling of a Canadian citizen or permanent resident and is missing, presumed dead or deceased; and the spouse or common-law partner has not remarried and has not been in a common-law relationship with another person since leaving Ukraine.
• provide a signed statutory declaration (IMM 0191) (PDF) from the Canadian citizen or permanent resident, attesting to the relationship with the Ukrainian foreign national

Applicants who intend to reside in Quebec require a Certificat de Sélection du Québec (CSQ).

Relationship to a Canadian citizen or permanent resident

The principal applicant must be one of the following to the Canadian citizen or permanent resident who is 18 years or older, who resides in Canada, and who was not granted permanent residence under this public policy:

• spouse or common-law partner
• child (of any age)
• grandchild
• parent
• grandparent
• sibling (including half-sibling)

or

• in-Canada spouse or common-law partner of a Ukrainian national who is a child (18 years or older), grandchild (18 years or older), parent, grandparent or sibling of a Canadian citizen or permanent resident and is unable to leave Ukraine; or
• in-Canada spouse or common-law partner of a Ukrainian national who is a child (18 years or older), grandchild (18 years or older), parent, grandparent or sibling of a Canadian citizen or permanent resident and is missing, presumed dead or deceased; and the spouse or common-law partner has not remarried and is not in a common-law relationship with another person since leaving Ukraine.

Ineligible applicants

Applicants must meet the eligibility criteria to be approved. If officers require additional information to make an eligibility decision, they will send a request letter to the applicant.

Processing officers must follow the rules of procedural fairness. If they are not satisfied that an applicant meets the eligibility criteria of the public policy, the officer must inform the applicant of their concerns. The applicant must have the opportunity to respond and provide additional information in support of their application. Officers must record in the Global Case Management System (GCMS) all documents and correspondence with the applicant.

When the application is refused, the applicant must be advised of the decision in writing.

If the principal applicant’s application is refused, the accompanying family members are not eligible for a permanent resident visa under this public policy and must also be refused. Officers are to use subsection 25.2(1) of the Immigration and Refugee Protection Act (IRPA), ground for refusal of the public policy eligibility criteria.

Eligibility of family members

The principal applicant must list all family members living inside and outside Canada on their application for permanent residence, whether accompanying or not. They may, however, choose which family members they want to include in their application as accompanying family members.

Accompanying family members who are in Canada must meet the following eligibility requirements:

• be in Canada and have a valid temporary resident status
• meet the legal definition of a family member (subsection R1(3))
• be included as an accompanying family member in an application for permanent residence by a principal applicant under this public policy
• not be inadmissible pursuant to the IRPA and IRPR, other than under section A39 – being inadmissible for financial reasons
• the delegated officer must have determined that the principal applicant meets the eligibility requirements to be issued permanent residence pursuant to this public policy

Accompanying family members who are outside Canada must meet the following eligibility requirements:

• be outside Canada when the application is submitted
• meet the legal definition of a family member (subsection R1(3))
• be included as an accompanying family member in an application for permanent residence by a principal applicant under this public policy
• the delegated officer must have determined that the principal applicant meets the eligibility requirements to be issued permanent residence pursuant to this public policy

Non-accompanying family members must be declared and examined for admissibility purposes.