Temporary Public Policy - Families of Canadian victims of Ukraine International Airlines flight PS752 outside Canada

Full title

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 Ukraine International Airlines flight PS752

Background

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, 30 permanent residents of Canada and 47 others enroute to Canada.

The Government of Canada has expressed its commitment to supporting the families of the victims of this disaster and continues to make significant efforts to put the needs of these families first.

Public Policy Considerations

The Government of Canada is committed to supporting the families of the victims of flight PS752. To this end, two public policies were previously enacted to facilitate permanent residence in Canada, one in 2021 entitled a Temporary public policy to facilitate permanent residence for in-Canada families of Canadian victims of recent air disasters, which provided a permanent residence pathway for in-Canada families of victims and a second in 2022 entitled a 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, which facilitated the issuance of permanent resident visas for victims’ families outside of Canada. This temporary public policy is aimed at further expanding the eligibility for permanent residence facilitation.

This public policy builds on the previous efforts to support the families of the victims of PS752 by recognizing that, in some cases, victims did not have a spouse or common-law partner or a child in Canada or that families were travelling together when tragedy struck, leaving victim’s families overseas with no remaining close family connections to Canada, but who nonetheless wish to become permanent residents as part of their healing process. In order to encompass these individuals, this public policy facilitates the issuance of permanent residence to certain members of the families of victims, outside of Canada, where the victim had no surviving spouse, common-law partner or children.

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 the granting of permanent residence or an exemption from provisions of the Immigration and Refugee Protection Regulations (the Regulations) listed below when a foreign national meets the conditions (eligibility requirements) listed below.

Part 1- Conditions (eligibility requirements) applicable to principal applicants 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:

The foreign national:

1. is, or was, if applicable a grandchild, mother, father, grandmother, grandfather, brother or sister 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 flight PS752, or of the victim’s spouse or common-law partner;
2. has applied for a permanent resident visa under section 70 of the Regulations;
3. is outside Canada at the time of application for a permanent resident visa; and
4. intends to reside in a province of territory other than the province of Quebec.

Provisions of the Regulations for which an Exemption May be Granted

1. R10(2)(c): the requirement to indicate the class prescribed by these Regulations for which the application is made;
2. R70(1)(a): 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. R70(1)(c): the requirement to be a member of an immigration class; and
4. R70(1)(d): 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:

The foreign national:

1. is outside Canada at the time when an application for permanent residence referred to in Part 1 was submitted;
2. has been included as an accompanying family member, as defined in subsection 1(3) of the Regulations, in an application for a permanent resident visa by a principal applicant who has been found to meet the conditions in Part 1 of this public policy; and
3. intends to reside in a province of territory other than the province of Quebec.

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:

The foreign national:

1. is in Canada at the time of granting of permanent residence;
2. has been included as an accompanying family member, as defined in subsection 1(3) of the Regulations, in an application for permanent residence by a principal applicant who has been granted exemptions under this public policy, issued a permanent resident visa, and was granted permanent residence in Canada;
3. intends to reside in a province of territory other than the province of Quebec;
4. is not inadmissible other than for non-compliance for:
   1. having entered Canada without the required visa or other document required under the Regulations;
   2. 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;
   3. having worked or studied without being authorized to do so under the Act;
5. does not have a refugee claim which has:
   1. been determined to be ineligible to be referred to the Immigration and Refugee Board (IRB);
   2. been determined to be withdrawn (unless withdrawn immediately prior to being granted permanent residence through this public policy);
   3. been determined to be abandoned;
   4. been determined to be manifestly unfounded or with no credible basis;
   5. been determined to be excluded under Article 1F of the Refugee Convention;
   6. 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.

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 or a permanent resident visa, fees in relation to the collection of biometric information, and the Right of Permanent Residence Fee, must be paid.

Effective date and expiration

This temporary public policy will come into effect on October 28, 2024 and will end on October 27, 2025. It may be revoked at any time. All applications received prior to the expiry or revocation of this public policy will be processed under the public policy.