Temporary public policy to facilitate issuance of permanent resident visas for certain foreign nationals outside Canada who are members of the families of Canadian victims of recent air disasters

Background

Since 2019, there have been two airline disasters with significant implications for Canadians.

On March 10, 2019, Ethiopian Airlines flight 302 (ET302), crashed shortly after take-off from Addis Ababa, Ethiopia. All 157 passengers and crew perished in the crash of the Boeing 737 MAX 8, including 18 Canadian citizens and four permanent residents, making Canada the country with the second-highest death toll after Kenya.

On January 8, 2020, Ukraine International Airlines flight 752 (PS752) was shot down by an Iranian surface-to-air missile shortly after takeoff from Tehran, Iran. All 176 passengers and crew died, including 55 Canadian citizens and 30 permanent residents of Canada.

The Government of Canada is committed to supporting the families of the victims of both disasters and has made significant efforts to put the needs of these families first.

Public Policy Considerations

On May 12, 2021, a Temporary public policy to facilitate permanent residence for in-Canada families of Canadian victims of recent air disasters was launched to facilitate permanent residence for in-Canada families of victims who were Canadian citizens, permanent residents and individuals who had been found eligible for permanent residence at the time of their death.

This new public policy focuses on facilitating the issuance of permanent resident visas for spouses or common-law partners, children, and some members of the extended family who are outside Canada, so that they may come to Canada to support the surviving family members of victims of flight ET302 and PS752. In addition, it will facilitate the issuance of permanent resident visas to outside Canada family members of individuals who were granted permanent residence under the Temporary public policy to facilitate permanent residence for in-Canada families of Canadian victims of recent air disasters.

This public policy will help minimize uncertainty for those who have already faced great loss and allow them to obtain support to help rebuild their lives in Canada.

As such, I hereby establish that there are sufficient public policy considerations pursuant to section 25.2 of the Immigration and Refugee Protection Act (the Act), justifying an exemption from provisions of the Immigration and Refugee Protection Regulations (the Regulations) listed below, when foreign nationals meet the conditions (eligibility requirements) described below.

Part 1: Conditions (eligibility requirements) applicable to the principal applicant outside Canada

Based on public policy considerations, when processing an application for a permanent resident visa, delegated officers may grant an exemption from the requirements of the Regulations identified below when a foreign national meets the following conditions:

1. The foreign national:
   • was a spouse or common-law partner of a Canadian citizen, permanent resident, or individual who had a positive eligibility decision on their application for permanent residence, at the time the victim passed away on either flight ET302 or PS752; or
   • is/was a child (regardless of age) of a Canadian citizen, permanent resident, or individual who had a positive eligibility decision on their application for permanent residence, at the time the victim passed away on either flight ET302 or PS752 or of the victim’s spouse or common-law partner; or
   • is a family member, as defined in subsection 1(3) of the Regulations, of a person who was granted permanent residence under the Temporary public policy to facilitate permanent residence for in-Canada families of Canadian victims of recent air disasters who was declared as a non-accompanying family member on that application or was born after their parent became a permanent resident; or
   • i) is/was a grandchild, mother, father, grandmother, grandfather, brother, sister, aunt, uncle, niece or nephew of a Canadian citizen, permanent resident, or individual who had a positive eligibility decision on their application for permanent residence at the time the victim passed away on either flight ET302 or PS752 or of the victim’s spouse or common-law partner; and ii) a statutory declaration, complying with the below set of criteria, from the spouse, common-law partner, child (18 years of age or over) or guardian of a child (under 18 years of age) of the victim in Canada identifying their relationship has been submitted at the time of application on behalf of the victim’s family for up to two principal applicants; and
2. The foreign national is outside Canada at the time of application for permanent resident visa and consideration under this public policy.

Criteria related to the statutory declaration

A statutory declaration on behalf of the victim’s family is provided for up to two principal applicants who meet the definition in Part 1, section 1. D. i) above and is provided by:

• the spouse or common-law partner of the victim in Canada or
• if the victim does not have a surviving spouse or common-law partner, or if they are not in Canada, the oldest child (18 years of age or over) or the guardian of the child(ren) (under 18 years of age) in Canada.

Provisions of the Regulations for which an exemption may be granted

1. paragraph 10(2)(c) of the Regulations – the requirement to indicate the class prescribed by these Regulations for which the application is made;
2. paragraph 70(1)(a) of the Regulations – the requirement to apply for a permanent resident visa as a member of a class referred to in subsection 70(2) of the Regulations;
3. paragraph 70(1)(c) of the Regulations – the requirement to be a member of an immigration class; and
4. paragraph 70(1)(d) of the Regulations – the requirement to meet the selection criteria and other requirements applicable to that class.

Part 2: Conditions (eligibility requirements) applicable to family members outside Canada

Based on public policy considerations, when processing an application for a permanent resident visa, delegated officers may grant an exemption from the requirements of the Regulations identified below when a foreign national meets the following conditions:

1. the foreign national has been included as an accompanying family member in an application for a permanent resident visa by a principal applicant seeking exemptions under this public policy;
2. the foreign national is outside Canada;
3. the foreign national meets the definition of family member in subsection 1(3) of the Regulations; and
4. a delegated officer has determined that the principal applicant meets all conditions (eligibility requirements) in Part 1 of this public policy.

Provisions of the Regulations for which an exemption may be granted to the family member outside Canada

1. paragraph 10(2)(c) of the Regulations—the requirement to indicate the class prescribed by these Regulations for which the application is made;
2. paragraph 70(1)(a) of the Regulations—the requirement to apply for a permanent resident visa as a member of a class referred to in subsection 70(2) of the Regulations;
3. paragraph 70(1)(c) of the Regulations—the requirement to be a member of an immigration class; and
4. paragraph 70(1)(d) of the Regulations—the requirement to meet the selection criteria and other requirements applicable to that class.

Part 3: Conditions (eligibility requirements) applicable to family members in Canada

In-Canada family members of a principal applicant who applies for a permanent resident visa and is seeking exemptions under this public policy are eligible to be granted permanent residence pursuant to this public policy if they meet the following conditions:

1. the foreign national is in Canada;
2. the foreign national has been included as an accompanying family member in an application for a permanent resident visa by a principal applicant seeking exemptions under this public policy;
3. the foreign national meets the definition of a “family member” in subsection 1(3) of the Regulations;
4. the foreign national is not inadmissible pursuant to the Act and Regulations, other than for paragraph 41(a) of the Act - the requirement not to be inadmissible for non-compliance for having entered Canada without the required visa or other document required under the Regulations; having overstayed their period of authorized stay in Canada; or worked or studied without being authorized to do so under the Act; and
5. a delegated officer has determined that the principal applicant meets all conditions (eligibility requirements) in Part 1 of this public policy.

Other eligibility and admissibility requirements

Foreign nationals eligible under this public policy and their family members are subject to all applicable eligibility and admissibility requirements of the Act and Regulations not otherwise exempted.

Fees

Any applicable fees, including fees for processing an application for permanent residence under subsection 25.2(1) of the Act, fees in relation to the collection of biometric information, and the Right of Permanent Residence Fee, must be paid.

Provincial selection criteria (Quebec)

Applicants wishing to settle in Quebec cannot be granted permanent residence or issued a permanent resident visa unless Quebec determines that they meet the applicable selection criteria of the province and issues a Certificat de sélection du Quebec (Quebec Selection Certificate).

Start and End dates

This public policy will come into effect 120 days after the date of my signature and will end one year after coming into effect. The public policy may be revoked at any time. Applications, accompanied by statutory declarations meeting the requirements of this public policy, received on or before the end date or revocation date will be processed under the public policy.