Pathway to permanent residence: In-Canada families of Canadian victims of recent air disasters – Making a final decision
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
This section includes information on finalizing the application.
On this page
- Approving the application
- Refusing the application
- Withdrawal of applications under the public policy
Approving the application
When all requirements are met, IRCC will do the following:
- ensure that the applicant and their family members are still admissible, including by ensuring that medical results and background checks that brought the officers to conclude that they were admissible 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
- conduct the virtual landing
If the applicant is a refugee claimant
As a final condition, applicants who are successful under this public policy and who have a claim for refugee protection or a pending refugee appeal are required to withdraw their refugee claim or refugee appeal to the Immigration and Refugee Board (IRB).
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 policy
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 or discontinue their claim or appeal, these processes will proceed and their application for permanent residence under the public policy will be refused (see Refusing the application).
Refusing the application
If the officer determines that the applicant has not met all the eligibility or admissibility requirements, 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
- inform the Ministère de l’Immigration, de la Francissation et de l’Intégration (MIFI) that the application was refused, if a Certificat de sélection du Québec was issued
Withdrawal of applications under the public policy
In cases where an applicant requests to withdraw their application under the public policy, IRCC will
- send a letter to inform the applicant when the withdrawal of the application is accepted
- inform the IRB, if the applicant had a pending claim or appeal that was put on hold
- inform MIFI that the application has been withdrawn, if applicable
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