Temporary public policies to facilitate permanent residence for families of victims of PS752

On this page

• Context
• Intake
  • Start and end date
  • Date of application
  • Requirements for submitting an application
  • Pending applications under humanitarian and compassionate considerations
  • Fees
• Eligibility criteria
  • Eligibility criteria for temporary public policy to facilitate Permanent Residence 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
    • Part 1 – Principal applicants inside Canada
    • Part 2 – Principal applicants outside Canada
    • Part 3 – Family members inside Canada
    • Part 4 – Family members outside Canada
  • Eligibility criteria for 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
    • Part 1 – Principal applicants outside Canada
    • Part 2 – Family members outside Canada
    • Part 3 – Family members inside Canada
• Assessing cases
  • Documentary evidence
• Procedures specific to pending refugee claimants
• Withdrawing the refugee claim
• Inclusion of family members in the application
• Approval in principle (In-Canada)
• Stay of removal
• Applicant intending to reside in Quebec
• Admissibility
• Determining admissibility
• Inadmissible applicant or family members
• Making a final decision
  • Approving the application
  • Refusing the application
  • Withdrawing the application

Context

On January 8, 2020, Ukraine International Airlines Flight 752 (PS752) was brought down shortly after takeoff from Tehran, Iran.

As a result of this tragic event, all passengers and crew died, including many Canadian citizens and permanent residents of Canada. 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:

• the first in 2021, Temporary public policy to facilitate permanent residence for in-Canada families of Canadian victims of recent air disasters, provided a permanent residence pathway for in-Canada families of victims, and
•  the second in 2022, 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, facilitated the issuance of permanent resident visas for victims’ families outside of Canada.

The Government of Canada is committed to continuing its support to the families of the victims of flight PS752, and has since implemented two new public policies aimed at further facilitating the eligibility for permanent residence to some of the families of the victims:

• Temporary public policy to facilitate permanent residence 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
• 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

Intake

All applications made under the new temporary public policies shall be submitted to IRCC’s Humanitarian Migration Office in Vancouver (HM-V).

To facilitate intake identification, applicants should label their envelopes as follows when submitting applications:

IRCC – Humanitarian Migration Vancouver
Victims of air disasters public policy – VAD
300-800 Burrard Street
Vancouver, British Columbia V6Z 0B6

Start and end date

These temporary public policies will come into effect on October 28, 2024, and end October 27, 2025. Applications must be received on or before the date the public policies expire.

Date of application

The paper application is considered to be made on the day that it is received at HM-V. The lock-in date is the received date of the application.

Requirements for submitting an application

Applicants must submit their application to the intake office, including fees and all mandatory forms and information as outlined below:

The minimum requirements for intake and file creation in the Global Case Management System (GCMS) are as follows:

1. Generic Application Form for Canada [IMM 0008E (PDF, 652 KB)]
2. Additional Dependants/Declaration [IMM 0008DEP (PDF, 424.19 KB)], if applicable
3. Schedule A – Background/Declaration [IMM 5669 (PDF, 776.39 KB)]
4. Additional Family Information [IMM 5406 (PDF, 570 KB)], if applicable
5. Use of a Representative [IMM 5476 (PDF, 648.31 KB)], if applicable
6. Authority to Release Personal Information to a Designated individual [IMM 5475 (PDF, 1.76 MB)], if applicable
7. Photocopies of the principal applicant’s passport or travel documents as well as those of all accompanying family members

Applications should not be returned as incomplete if documents are missing. The officer should reach out to the applicant and request the missing documents.

Photocopies of signatures are acceptable, as are photocopies of thumbprints. Electronically typed signatures are not acceptable when applying on paper.

All other supporting documents as per the Document Checklist [IMM 0257E (PDF, 403 KB)] can be requested at a later stage in processing. Applications should not be returned as incomplete if supporting documents are missing.

HM-V will send an acknowledgment of receipt to the applicant and create an application in the Global Case Management System (GCMS).

Pending applications under humanitarian and compassionate considerations

Applicants who have a pending application for permanent residence under humanitarian and compassionate considerations for which no eligibility decision has been made and who wish to have their application considered under the temporary public policies may do so. They will need to:

• make a request in writing to the Humanitarian Migration Office in Vancouver asking that their application be considered under the appropriate temporary public policy
• provide the supporting evidence required to establish that they meet the eligibility requirements under the appropriate public policy (see Document Checklist – IMM 0257)

Fees

Applicants are required to pay the following fees:

• Application processing fee
• Biometrics fee, including maximum fee for a family

Applicants are required to pay the right of permanent residence fee (RPRF), which must be paid before they become permanent residents, but does not need to be submitted upfront with their application.

Eligibility criteria

Eligibility criteria for temporary public policy to facilitate permanent residence 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

Part 1 - Principal applicants inside Canada

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

• must be in Canada
• must meet requirements related to when and how they came to Canada
• must not be inadmissible for reasons other than those exempted under the public policy

The foreign national:

1. is, or was,
   1. the spouse or common-law partner, child (regardless of age), grandchild, parent, grandparent, or sibling, of an individual who perished onboard flight PS752, and who was approved to work or study in Canada at the time of their passing; or, 
   2. child (regardless of age), 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. 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, but before the date of signing of this public policy, and were in Canada on the date this public policy is signed and had not been granted protected person status; and
   4. in respect to a claim described in to 2(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 to have no credible basis;
      5. been determined to be excluded under Article 1F of the Refugee Convention ;
      6. received a determination, following an application by the Minister that refugee protection has been ceased or vacated; and
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; and resides outside 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. (if applicable), withdraws 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 2 - 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, the spouse or common-law partner, child (regardless of age), grandchild, parent, grandparent, or sibling, of an individual who perished onboard flight PS752, and who 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. is outside Canada at the time the application for a permanent resident visa was submitted.
3. Intends to reside outside of Quebec

Part 3 - Family members inside Canada

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

1. the foreign national is in Canada, and resides outside of the province of Quebec;
2. The foreign national 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. the foreign national 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;
4. the foreign national 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 to have no credible basis;
   5. been determined to be excluded under Article 1F of the Refugee Convention ;
   6. received a determination, following an application by the Minister, that refugee protection has been ceased or vacated; and
5. (if applicable) 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 – 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. has applied for a permanent resident visa under section 70 of the Regulations;
2. is outside Canada at the time when an application for permanent residence referred to in Part 1 or Part 2 was submitted; and
3. intends to reside outside of the province of Quebec
4. 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.

Provisions of the Regulations for which an exemption may be granted

• Paragraph 10(2)(c) of the Regulations – the requirement to indicate the class prescribed by these Regulations for which the application is made;
• 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;
• Paragraph 70(1)(c) of the Regulations – the requirement to be a member of an immigration class; and
• Paragraph 70(1)(d) of the Regulations – the requirement to meet the selection criteria and other requirements applicable to that class.

Eligibility criteria for 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

Part 1: 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:

1. The foreign national:
   1. is/was 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; and
2. The foreign national is outside Canada at the time of application for permanent resident visa.
3. The foreign national intends to reside outside of Quebec

Part 2 - 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. has applied for a permanent resident visa under section 70 of the Regulations;
2. is outside Canada at the time when an application for permanent residence referred to in Part 1 was submitted; and intends to reside outside of Quebec
3. 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.

Part 3: Family members inside 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 at the time of granting of permanent residence, and resides outside of Quebec;
2. the foreign national 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. the foreign national 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;
4. the foreign national 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 to have no credible basis;
   5. been determined to be excluded under Article 1F of the Refugee Convention;
   6. received a determination, following an application by the Minister, that refugee protection has been ceased or vacated; and
5. (if applicable) 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.

Assessing cases

Documentary evidence

Applicants have been instructed to provide evidence that their relative was an individual who perished on flight PS752.

The applicant also has to establish that they are related to a victim through one of the familial relationships referred to in the public policies. Considering that there are some family relationships that might be more complex to establish because they are more removed, the applicant may need to provide multiple documents to prove their relation to the victim.

The documentary evidence necessary to establish the familial relationship between the applicant and the victim can vary from one application to the other. Considering that some of the documents may have been with the victim at the time of the air disaster and are no longer available, or that the applicant may be unable to obtain certain evidence, officers are encouraged to apply flexibility to the evidence required. In cases where applicants are unable to obtain official records as evidence of the familial relationship, officers may consider alternate evidence provided by applicants, including affidavits or oral testimony through an interview. Officers may also hold an interview if the credibility of the applicant is a concern. Ultimately, the officer must be satisfied that the criterion has been met before continuing to process the application.

Useful resources

• Assessing the legality of a marriage
• Assessing the relationship between spouses or common-law partners
• Assessing a common-law relationship

Procedures specific to pending refugee claimants and appeals

Some applicants may have a refugee claim that has not been decided by the Refugee Protection Division (RPD) or have an appeal before the Refugee Appeal Division (RAD) of the Immigration and Refugee Board (IRB).

For these applicants, after starting to review the eligibility criteria for the public policies, the officer will use the following table to determine how to proceed:

Withdrawing the refugee claim or appeal

Upon approval in principle and prior to final approval of their application under the appropriate public policy, persons who have a claim for refugee protection or a pending refugee appeal before the Immigration and Refugee Board (IRB) will be required to withdraw their claim or appeal before being granted permanent resident status.

Inclusion of family members in the application

The applicant may include their family member(s) (as defined in subsection R1(3)) in their application for permanent residence for concurrent processing (accompanying family members). Their spouse or common-law partner and dependent children must not be inadmissible (unless exempted as part of the public policies) and meet all other requirements of the IRPA.

Non-accompanying family members will not be issued a visa or permanent residence. However, they must be declared and examined for admissibility purposes.

Approval in principle (In-Canada)

When the above requirements are met, the application is approved in principle and IRCC will do the following:

• send a letter informing the applicant that
  • their application has received a positive eligibility decision
  • they and their dependents must still meet any admissibility requirements not exempted under the public policy.
    If these requirements are not met, the application for permanent residence may be refused
  • the final assessment of admissibility will be conducted prior to granting permanent residence
    For greater certainty, applicants with known inadmissibilities, other than those listed as exempted under the public policy, will not receive approval in principle
• update the applicant’s file and the Global Case Management System (GCMS)
• for applicants with a pending claim or appeal at the IRB, send a request to the IRB to have the pending claim or appeal put on hold until a decision is rendered on the permanent residence application under the public policy. The request will include any family members whom the applicant has included for concurrent processing who also have a pending claim or appeal at the IRB.

Stay of removal

Once the application has been approved in principle, a removal order, where one exists, will be stayed pursuant to section 233 of the Immigration and Refugee Protection Regulations. This stay of removal will be in effect until a final decision is made on the permanent residence application under these public policies.

A final assessment of admissibility will be conducted prior to granting the permanent resident status.

For detailed information about removal orders, refer to ENF 10 – Removals (PDF, 536 KB).

Refusal

When the officer determines that the eligibility requirements have not been met, see Making a final decision. 

Applicants intending to reside in Quebec

• Applicants in Canada under these public policies must reside in a province or territory other than Quebec. 
• Applicants outside Canada under these public policies must intend to reside in a province or territory other than Quebec. 

Applicants in Canada must provide documentary evidence to confirm that they are residing outside of Quebec. Acceptable proof of residence can be one of the following:

• driver’s licence
• health card
• any document issued by the Canadian government or provincial/territorial authority which demonstrates province or territory of residence

Admissibility

The applicant and their family members must meet admissibility requirements related to

• criminality
• security
• health
• finances

Certain exemptions are provided in the public policies for those who have specific inadmissibilities.

Inadmissibilities should be considered at the stage at which they are known by the decision maker.

Determining admissibility

Once the delegated officer has determined that a principal applicant is eligible under the appropriate public policy and their application has been approved in principle, the principal applicant and their family members, whether accompanying or not, must

• complete medical examinations if required
• pass criminal and security checks by IRCC
• must meet the requirement of A39

The processing office will request a police certificate for the applicants’ current country of residence and for every country where they have lived for 6 months or more since they were 18 years of age. Officers may also make determinations on criminal inadmissibility using other reliable documents when police certificates are not available. See Police certificates for immigration and citizenship for more information.

To receive final approval under the public policies, the applicant and their family members must not be inadmissible other than for having

• entered Canada without the required visa or other document required under the Immigration and Refugee Protection Regulations (IRPR)
• failed to comply with conditions of their temporary stay related to overstaying a visa, visitor record, work permit, student permit or temporary resident permit
• worked or studied without being authorized to do so under the Immigration and Refugee Protection Act (IRPA)

Inadmissible applicant or family members

In-Canada family members of the principal applicant eligible for permanent residence under these public policies will be granted the same admissibility exemptions. Family members are defined as persons who meet the definition of a “family member” in subsection R1(3) as assessed by a delegated officer.

After an application has been reviewed, if an officer believes that the applicant or a family member (in Canada or overseas) of the principal applicant is inadmissible, the officer must

• outline their concerns to the applicant in a procedural fairness letter
• provide an opportunity for the applicant to submit additional information about the possible inadmissibility in order to address these concerns

If no additional information is provided by the deadline, or if the additional information does not resolve the inadmissibility assessment, the officer may refuse the application.

Making a final decision

Approving the application

When all requirements are met, IRCC will do the following:

• ensure that the applicant and their family members are still not inadmissible, including by ensuring that medical results and background checks that brought the officers to conclude that they were not inadmissible are still valid
• verify that the right of permanent residence fee (RPRF) has been paid
• enter a final decision in the Global Case Management System (GCMS)
• issue an approval letter
• generate a Confirmation of Permanent Residence (COPR) document for the applicant and any in-Canada accompanying family members

If the applicant is a refugee claimant or appellant

Upon approval in principle and prior to final approval of their application under the public policies, persons who have a claim for refugee protection or a pending refugee appeal before the Immigration and Refugee Board (IRB) will be required to withdraw their claim or appeal before being granted permanent resident status

Before rendering a final decision for the applicant and any in-Canada accompanying family members, IRCC will

• issue a letter requiring applicants with a pending claim or appeal before the IRB to withdraw it in order to be granted permanent residence through the public policies

Once IRCC receives confirmation of the withdrawal, the department may proceed with the granting of permanent resident status.

Should the individual decide not to withdraw their claim or appeal, these processes will proceed and their application for permanent residence under the public policies will be refused (see Refusing the application).

Refusing the application

If the officer is not satisfied that the applicant is eligible and not inadmissible the officer should refuse the case.

All refused applicants must be provided with a formal refusal letter. When a case is refused, the processing office must do all of the following:

• enter a final decision in GCMS
• send a letter to the principal applicant explaining the reasons for the refusal
• inform applicants who paid the RPRF that they are entitled to a refund and provide an approximate timeframe for its receipt

IRCC will also

• inform the IRB that the application was refused (if the applicant had a pending claim that was requested to be put on hold) so that the IRB may resume processing the claimant’s pending claim or appeal

Withdrawal of applications under the public policies

In cases where an applicant requests to withdraw their application under the public policies, IRCC will

• send a letter to inform the applicant if the withdrawal of the application is accepted
• inform the IRB, if the applicant had a pending claim or appeal that was put on hold