Temporary Public Policy - Families of victims of Ukraine International Airlines flight PS752 approved to work or study in Canada

Full title

Temporary Public Policy to facilitate permanent residency for certain foreign nationals inside and outside Canada who are members of the families of victims of Ukraine International Airlines flight PS752 approved to work or study in Canada

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 new 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 expanding the eligibility criteria established to facilitate the granting of permanent residence or the issuance of permanent resident visas, to include certain members of the families of victims who had been coming to Canada to study or work in Canada as temporary residents, but whose Canadian journey was cut short by the tragedy.

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 inside Canada

Based on public policy considerations, when processing an application for permanent residence, delegated officers may grant permanent residence to a foreign national who meets the following conditions:

The foreign national:

1. is, or was, the
   1. spouse or common-law partner, child, grandchild, parent, grandparent, or sibling, of an individual who perished onboard flight PS752, and where the latter was approved to work or study in Canada at the time of their passing; or,
   2. child, grandchild, parent, grandparent, sibling, of the spouse or common-law partner of the individual approved to work or study in Canada at the time of their passing onboard flight PS752;
2. has applied for the permanent residence pursuant to this public policy;
3. meets at least one of the following criteria:
   1. was in Canada with valid temporary resident status when the member of their family passed away on PS752; or
   2. was granted temporary resident status or was issued a temporary resident permit after the member of their family passed away on flight PS752, if they applied for temporary resident status in Canada prior to March 23rd 2021; or
   3. made a refugee claim in Canada on or after the date that the member of their family passed away on flight PS752 and were in Canada on the date this public policy is signed and had not been granted protected person status; and subject to 3(c), the claim has not:
      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
4. 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;
5. intends to reside in a province of territory other than the province of Quebec;
6. 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;
7. 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 (in-Canada)

Once a delegated officer assesses that a foreign national meets the applicable conditions 1 to 3, including the requirement not to be inadmissible on grounds other than non-compliance in relation to an inadmissibility specified in condition 4, 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. A final assessment of admissibility will be conducted prior to granting of permanent residence.

Part 2 - 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, the spouse or common-law partner, child, grandchild, parent, grandparent, or sibling, of an individual who perished onboard flight PS752, and where the latter was approved to work or study in Canada at the time of their passing, or of the victim’s spouse or common-law partner; and
2. has applied for the permanent resident visa pursuant section 70 of the Regulations;
3. intends to reside in a province of territory other than the province of Quebec; and
4. is outside Canada at the time the application for a permanent resident visa was submitted.

Provisions of the Regulations for which an Exemption May be Granted to foreign nationals outside Canada

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

Based on public policy considerations, delegated officers may grant permanent residence to a foreign national who meets the following conditions:

The foreign national:

1. is in Canada;
2. has been included as an accompanying family member, as defined in subsection 1(3) of the Regulations, in an application for permanent residence or a permanent resident visa by a principal applicant who has been found to meet the conditions in Part 1 or 2 of this public policy 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.

Part 4 - 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 or Part 2 was submitted;
2. has been included as an accompanying family member, as defined in subsection 1(3) of the Regulations, in an application for permanent residence or a permanent resident visa by a principal applicant who has been found to meet the conditions in Part 1 of this public policy and who has been granted permanent residence in Canada or meets the conditions in Part 2; 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.

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.