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

On this page

• Who is eligible to apply
• Assessing eligibility of the former Afghan interpreter
• Eligibility of principal applicant
• Eligibility of accompanying family members
• What to do if the principal applicant is ineligible to apply

Who is eligible to apply

Extended family members of former Afghan interpreters who were previously granted permanent residence as the principal applicant under Special immigration measures for local staff in Kandahar who support Canada’s mission in Kandahar Province, Afghanistan, as of October 9th, 2009, or the Temporary public policy concerning certain local staff who provided direct support to the Canadian mission in Kandahar as of February 2012 (“the 2009 or 2012 public policy”) are eligible to apply for permanent residence under this public policy if they meet the eligibility requirements below. They must

1. be a national of Afghanistan
2. be outside Canada at the time of application
3. have been in Afghanistan on or after July 22, 2021
4. have submitted an application for permanent residence using the forms provided by the department in the application package for this public policy made available on the department’s website
5. be a child (regardless of age), grandchild, parent, grandparent, or sibling^{Footnote 1} (may include a sibling-in-law if the sibling of the former Afghan interpreter is missing and presumed dead, or deceased and was married or in a common-law relationship with the sibling-in-law at the time of disappearance or death, and the sibling in-law is not a spouse or common-law partner of another person) of an individual who was granted permanent residence as a principal applicant under one of the following public policies:
   1. special immigration measures for local staff in Kandahar who support Canada’s mission in Kandahar Province, Afghanistan, as of October 9, 2009
   2. temporary public policy concerning certain local staff who provided direct support to the Canadian mission in Kandahar as of February 2012
6. have provided a statutory declaration from an individual who was granted permanent residence as a principal applicant under one of the public policies listed in condition 5 attesting to their relationship
7. hold a document enumerated at subsection 50(1) of the Immigration and Refugee Protection Regulations or provide a document described in subsection R178(1) and R178(2)

Family members of principal applicant

The principal applicant must list all family members living inside and outside Canada on their application for permanent residence, whether accompanying or not. They may, however, choose which family members they want to include in their application as accompanying.

Accompanying family members must meet the following eligibility requirements:

1. The foreign national has been included as an accompanying family member in an application for a permanent resident visa by a principal applicant seeking exemptions under this public policy.
2. The foreign national meets the definition of family member in subsection R1(3).
3. The foreign national holds a document enumerated at subsection R50(1), or if they are unable to obtain a document enumerated at subsection R50(1), provides a document described in subsection R178(1) and R178(2).
4. A delegated officer has determined that the principal applicant meets all of the conditions (eligibility requirements) of the public policy

Assessing eligibility of the former Afghan interpreter

Afghan interpreters who immigrated to Canada as permanent residents under the 2009 or 2012 public policy will have a record in the Field Operations Support System (FOSS). These records are still available through the Global Case Management System (GCMS).

Officers are to verify the details listed below on the Confirmation of Permanent Residence (COPR) in FOSS to confirm that the individual who provided the statutory declaration was a principal applicant granted permanent residence under the 2009 or 2012 public policy.

Please see the instructions in section What to do if the principal applicant is ineligible to apply if it is determined that the former Afghan interpreter was not granted permanent residence as a principal applicant under the 2009 or 2012 public policy.

Eligibility of the principal applicant

Applicants under this public policy are not being considered for resettlement to Canada and are not refugees; therefore, officers are not required to complete a durable solution assessment as per paragraph R139(1)(d).

Requirement to have been in Afghanistan on or after July 22, 2021

Officers are to verify the principal applicant’s declaration on Schedule A – Background/Declaration [IMM 5669] (PDF, 1.52 MB) and Schedule 1 [IMM 0148] (PDF, 276 MB).

Relationship to former Afghan interpreter

The principal applicant must provide a statutory declaration from the former Afghan interpreter that attests to their relationship.

Principal applicants are also asked to provide documentary evidence that confirms their relationship to the former Afghan interpreter.

Identity documents

All applicants must be in possession of a valid passport or other document described in paragraphs R50(1)(a) to (h), an identity document described in paragraph R178(1)(a), or statutory declarations described in paragraph R178(1)(b).

Applicants who do not hold a passport or a travel document described in paragraphs R50(1)(a) to (h) may submit with their application the following documents described in subsection R178(1):

• identity documents issued outside Canada, or
• where there is a reasonable and objectively verifiable explanation related to country conditions for the applicant’s inability to obtain the identity documents referred to in subsection R178(1), a statutory declaration made by the applicant attesting to their identity, accompanied by
  • a statutory declaration attesting to the applicant’s identity from a person who knew the applicant, a family member of the applicant, or the applicant’s father, mother, brother, sister, grandfather or grandmother, or
  • a statutory declaration attesting to the applicant’s identity from an official of an organization representing nationals of the applicant’s country of nationality or former habitual residence.

Subsection R178(2) requires:

• that an identity document accepted pursuant to paragraph R178(1)(a) be genuine, identify the applicant, and be credible evidence of that identity
• that the information in statutory declarations accepted pursuant to paragraph R178(1)(b) be credible evidence of identity and consistent with any information previously provided.

As a reference for this assessment, officers may refer to the U.S. Department of State website and the Civil Document Guide on Afghanistan for helpful information on the different types of identity documents and their availability.

Eligibility of accompanying family members

Once it is determined that the principal applicant meets all eligibility requirements under this public policy, their accompanying family members are also eligible, provided that they meet the definition of “family member” in subsection R1(3).

Changes to family composition

If the principal applicant marries or has a new common-law partner or dependent child after the application is submitted, the spouse or common-law partner or new dependent child must be added to the application for permanent residence. Dependent children of the new spouse or common-law partner must also be included.

For these cases, the processing office will request the Additional Dependants / Declaration Form [IMM 0008DEP (PDF, 435 KB)] and the Schedule A – Background / Declaration form [IMM 5669 (PDF, 1.5 MB)] if these documents were not already submitted by the principal applicant.

What to do if the principal applicant is ineligible to apply

Principal applicants must meet all of the eligibility criteria to be approved. Officers must follow procedural fairness guidelines if they are not satisfied that an applicant meets the eligibility criteria of the public policy. In such cases, the officer must inform the applicant of their concerns, and the applicant must have the opportunity to respond and provide additional information in support of their application. All documents and correspondence with the applicant should be saved in GCMS.

If the principal applicant’s application is to be refused, the accompanying family members are not eligible for permanent residence in the context of this application and must also be refused. To disassociate ineligible dependents, officers may use this template letter.