Pathway to permanent residence: In-Canada families of Canadian victims of recent air disasters – Processing the application

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

Applicants must meet certain conditions (eligibility requirements) to continue processing under the public policy. Once the officer is satisfied that applicants meet all the eligibility requirements, the application will continue to be processed towards a final decision.

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Eligibility requirements

Applicants should be assessed against the eligibility requirements based on the information and documents provided in their application. Applicants must meet all of the applicable criteria indicated in the following instructions:

Procedures specific to pending refugee claimants

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 policy, the officer will use the following table to determine how to proceed:

If… Then…
All the criteria are met IRCC will follow the instructions in the Approval in principle section below.
Some of the criteria are met, but others remain to be validated (there is a need for more information) IRCC will 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.

Approval in principle

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

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 this public policy.

A final assessment of admissibility will be conducted prior to granting permanent residence. See Admissibility.

For detailed information about removal orders, refer to ENF 10 – Removals (PDF, 754 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 intending to reside in Quebec require a Certificat de sélection du Québec (CSQ). Once applicants have met all the conditions (eligibility requirements) of the public policy and approval in principle has been granted, IRCC will send a transmittal slip to the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI). MIFI will then start the process of assessing the Demande de Sélection Permanente form to determine whether to issue a Certificat de sélection du Québec (CSQ).

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