Pathway to permanent residence: In-Canada families of Canadian victims of recent air disasters – Admissibility
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
The applicant and their family members must meet admissibility requirements related to
Certain exemptions are provided in the public policy for those who have specific inadmissibilities.
Inadmissibilities should be considered at the stage at which they are known by the decision maker.
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Once the delegated officer has determined that a principal applicant is eligible under the 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. 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 policy, 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 this public policy 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. See Making a final decision.
Note: The officer can refer to the Centre of Expertise in Security Cases (CESC) where appropriate.
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