Temporary public policy to facilitate permanent residence for in-Canada families of Canadian victims of recent air disasters

Background

In the past two years, there have been two airline disasters with significant implications for Canadians.

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. All 176 passengers and crew died, including 55 Canadian citizens and 30 permanent residents of Canada.

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.

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. As noted by Mr. Ralph Goodale, Special Advisor to the Prime Minister on Canada’s Response to flight PS752, “[t]he needs of the families of the victims... must be at the heart of Canada’s response. That response should be speedy, comprehensive and generous, and shaped by the realities of the situation (which will be different in every case) and the wishes of the families.” (Flight PS752: The long road to transparency, accountability and justice)

Public Policy Considerations

In order to support the families of Canadian citizens, permanent residents and victims that were in the process of applying for permanent residence, as further described in the eligibility criteria, at the time they perished in the crash of either of the above-mentioned flights, this public policy will facilitate the granting of permanent residence to some of the members of their family who are currently in Canada.

This public policy will help minimize uncertainty for those who have already faced great loss and allow families to remain in Canada so that they can help rebuild their lives and support surviving family, as needed.

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

Conditions (eligibility requirements)

Based on the public policy considerations, delegated officers may grant permanent resident status to a foreign national who:

1. 1. Was a spouse or common-law partner of a Canadian citizen, permanent resident, or an individual who had a positive eligibility decision on their application for permanent residence, at the time they passed away on either flight ET302 or PS752; or,
   2. Was a child, grandchild, mother, father, grandmother, grandfather, brother, sister, aunt, uncle, niece, or nephew of a Canadian citizen, permanent resident, or an individual who had a positive eligibility decision on their application for permanent residence at the time they passed away on either flight ET302 or PS752; or,
   3. Is/was a child, grandchild, mother, father, grandmother, grandfather, brother, sister, aunt, uncle, niece, or nephew of the spouse or common-law partner of a Canadian citizen, permanent resident, or an individual who had a positive eligibility decision on their application for permanent residence at the time they passed away on either flight ET302 or PS752;
2. 1. Was in Canada with valid temporary resident status when the member of their family passed away on either flight ET302 or PS752; or
   2. Was granted temporary resident status or was issued a temporary resident permit after the member of their family passed away on either flight ET302 or PS752, if they applied for temporary resident status in Canada prior to the date of signature of this public policy; or
   3. Made a refugee claim in Canada on or after the date that the member of their family passed away on either flight ET302 or PS752; or,
   4. Benefitted from the 2020 or the 2021 temporary residence public policies for families of victims of PS752;
3. Is physically present in Canada at the time of application for permanent residence under this public policy, as well as at the time of granting of permanent residence;
4. Is not inadmissible other than for non-compliance for: having entered Canada without the required visa or other document required under the Regulations; having failed to comply with conditions related to their temporary stay related to having overstayed a visa, visitor record, work permit, student permit or temporary resident permit or having worked or studied without being authorized to do so under the Act;
5. Does not have a refugee claim which has been: determined to be ineligible to be referred to the Immigration and Refugee Board (IRB); determined to be withdrawn (unless withdrawn immediately prior to being granted permanent residence through this public policy) or determined to be abandoned; determined to be manifestly unfounded (MUC) or with no credible basis (NCB); determined to be excluded under Article 1F of the Refugee Convention; or received a determination that refugee protection has been ceased or vacated; and,
6. If applicable, as a final condition of the public policy, has withdrawn their refugee claim before the Refugee Protection Division (RPD) or their appeal at the Refugee Appeal Division (RAD) of the IRB, in order to be granted permanent residence through the public policy. Should the individual decide not to withdraw their refugee claim at the RPD or appeal at the RAD, those processes will proceed but their application for permanent residence under this public policy will be refused.

Approval in Principle

Once a delegated officer assesses that a foreign national meets the applicable conditions 1 to 5, including the requirement not to be inadmissible on other grounds than non-compliance in relation to an inadmissibility specified in condition 4 described above, the delegated officer will approve the application in principle (first step approval) under this public policy. For greater certainty, those with known inadmissibilities, other than those listed above, will not receive approval in principle. If approval in principle is received, a removal order, where one exists, will be stayed pursuant to section 233 of the Regulations. The stay of removal, according to the Regulations, is in effect until a final decision is made on the permanent residence application under this public policy. A final assessment of admissibility will be conducted prior to granting of permanent residence.

Family Members

The principal applicant selected for immigration to Canada under this public policy will be able to include in their permanent resident application their family members who are physically present in Canada. Family members are defined as persons who meet the definition of a “family member” in subsection 1(3) of the Regulations. To be eligible to receive permanent resident status pursuant to this public policy, the family member must meet all the conditions except conditions 1 and 2 above.

Admissibility Requirements

The foreign national and their family members must meet all admissibility requirements, other than inadmissibility for non-compliance described in this public policy under condition 4.

Fees

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

Provincial selection criteria (Quebec)

Applicants wishing to settle in Quebec will be subject to the Province of Quebec’s selection criteria further to subsection 25.2(3) of the Act, and cannot be granted permanent residence unless Quebec determines that they meet the applicable selection criteria of the province.

Start and End dates

This public policy will come into effect on May 12, 2021 and will end on May 11, 2022. The public policy may be revoked at any time. Applications received on or before May 11, 2022 or revocation date will be processed under the public policy.