Application for a permanent resident visa under the public policy for extended families of former Afghan interpreters – 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.

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Admissibility

When eligibility is passed, the principal applicant and their family members must be assessed to ensure they do not pose a threat to the safety, security or health of Canada.

Should there be admissibility concerns, a procedural fairness letter should be sent prior to a refusal.

Biometrics

Principal applicants and their accompanying family members between the ages of 14 and 79 are required to provide their biometrics in support of their permanent residence application. Biometrics must be collected in order to

Given the absence of Government of Canada officials in Afghanistan, biometrics cannot be enrolled from within the country. If a client is in Afghanistan and not able to submit biometrics, officers should collect the Additional Background Information [IMM 0153 (PDF, 1.8 MB)] form in lieu of biometrics.

If a client is in third country and able to submit biometrics they should be issued a biometric instruction letter (BIL) in order to have their biometrics collected at the nearest biometrics collection service point. In the absence of service delivery channels, officers should schedule appointments for biometric collection at the migration office.

Officers are to review the biometric results to determine whether there are concerns that need to be addressed.

If biometric results are returned as “poor quality” by the RCMP and are not searched against M5 partner holdings, officers may either request that the applicant re-enrol their biometrics or set the biometrics requirement to “Complete”.

Officers should also consult the Biometric exemption for permanent residence applicants with previous biometrics on file instructions.

Criminality assessments

Background checks should be conducted for all applicants and their family members 18 years of age or older, whether accompanying or not, to determine that they are not criminally inadmissible to Canada, to the extent possible. If it is determined that an applicant may be inadmissible on criminal grounds, the officer must send a procedural fairness letter outlining their concerns. If the application is refused, the client must be advised of the decision in writing.

Police certificates

Generally, applicants and family members 18 years of age or older must provide police certificates, clearances or records of non-conviction for their current country of residence, if the applicant has resided there for 6 months or more, and the countries where the applicant has spent most of their adult life since the age of 18. Given the current situation in Afghanistan, officers should use discretion in assessing whether a police certificate is required.

Security screening

Security checks should be conducted for all applicants and their family members 18 years of age or older, whether accompanying or not, to determine that they are not inadmissible to Canada, to the extent possible.

Examination of non-accompanying family members

All accompanying dependants of the principal applicant who are described as family members in the Immigration and Refugee Protection Regulations (IRPR) must be examined. The examination includes a medical examination, as well as a determination of whether they are inadmissible for criminality or security reasons.

For the purposes of this public policy, non-accompanying dependants are not required to be medically examined. An officer may be satisfied that a non-accompanying family member is not inadmissible for criminality or security reasons based on information presented by the applicant. The principal applicant should make their best effort to provide a Schedule A for their non-accompanying family members for this examination. However, given the current situation in Afghanistan, if the principal applicant is unable to (because they cannot locate their non-accompanying family members), they must provide a letter of explanation. The officer must use their discretion when determining whether they are satisfied that a non-accompanying family member is not inadmissible.

Medical examination

Foreign nationals who are applying for a permanent resident visa must undergo a medical examination [R30(1)(a)(i)]. All accompanying family members of a foreign national who are applying for a permanent resident visa must also undergo a medical examination.

Note: The principal applicant may have non-accompanying dependants listed in their permanent residence application. For the purposes of this public policy, non-accompanying dependants are not required to be medically examined.

Once eligibility is passed, officers must send the applicant the GCMS-generated IMM 1017E form, a list of designated panel physicians, and their Interim Federal Health Program (IFHP) certificate. These clients are eligible to have their immigration medical examination (IME) covered by the IFHP.

Officers should review the medical results in GCMS to confirm

An applicant may be refused on health grounds if their condition

Refer to the medical refusals and inadmissibility instructions for more information.

Note: Applicants in Afghanistan will be unable to complete their IME in Afghanistan. IMEs will be conducted in a third country once the applicant is able to travel.

Inadmissible applicant or family member

Except in a few limited situations, an inadmissible family member makes the principal applicant inadmissible, regardless of whether they are seeking permanent resident status.

If the principal applicant or one of their family members is determined to be inadmissible to Canada, the permanent residence application is to be refused. The inadmissible applicant is to be refused on the applicable inadmissibility grounds, and the remaining applicants are to be refused under section A42. The principal applicant may request an exemption from this provision. For more information, refer to the Humanitarian and compassionate: Inadmissibility of family members (A42) instructions.

Applicants may be exempted from the financial inadmissibility provision [A39] under this public policy.

Applicants intending to reside in Quebec

Applicants intending to reside in Quebec require a Certificat de sélection du Québec (CSQ).

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