Application for a permanent resident visa under the 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 assessments
• Eligibility of accompanying family members
• Approval in principle
• What to do if the principal applicant is ineligible to apply

Who is eligible to apply

Extended family members of Afghan interpreters who were previously granted permanent residence as the principal applicant under the 2009 or 2012 public policy are eligible to apply for permanent residence under this public policy if they meet the below eligibility requirements:

• Principal applicant is a national of Afghanistan
• Principal applicant is outside Canada at the time of application
• Principal applicant was in Afghanistan on or after July 22, 2021
• Principal applicant has provided the required forms as set out in the application package
• Principal applicant is one of the following family members of the individual who was previously granted permanent residence as a principal applicant under the 2009 or 2012 public policy:
  • child (regardless of age)
  • grandchild
  • parent
  • grandparent
  • sibling (including half-sibling)
• Principal applicant has provided a completed and signed statutory declaration from the former Afghan interpreter
• Principal applicant holds a document listed in subsection 50(1) of the Immigration and Refugee Protection Regulations (IRPR), or if they are unable to obtain a document listed in subsection R50(1), provides a document described in subsections R178(1) and R178(2)

Eligibility of family members

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:

• The principal applicant under this public policy included them as an accompanying family member in their application for permanent residence.
• They meet the definition of family member in subsection R1(3).
• They hold a document listed in subsection R50(1), or if they are unable to obtain a document listed in subsection R50(1), they provide a document described in subsections R178(1) and R178(2).
• The delegated officer has determined that the principal applicant meets all eligibility requirements to be issued a permanent resident visa pursuant to this public policy.

Assessing eligibility of the former Afghan interpreter

Afghan interpreters who immigrated to Canada under the 2009 or 2012 public policy will have a record in the Field Operations Support System (FOSS). IRCC processing staff are to verify the details listed below on the Confirmation of Permanent Residence in FOSS to confirm that the individual who provided the statutory declaration was a principal applicant who was granted permanent residence under the 2009 or 2012 public policy.

Details on the Confirmation of Permanent Residence:

Type: PR
Imm Category: PP1
Fee Code: AFG
Family Status Ind: PRINCIPAL
Spec. Prog.: REF

If there is no record of the former Afghan interpreter’s landing in FOSS, associate organization ID O271632127102.

If the former Afghan interpreter was not granted permanent residence as a principal applicant under the 2009 or 2012 public policy, the application can be refused under subsection 25.2(1) of the Immigration and Refugee Protection Act (IRPA).

Eligibility assessments

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 (PDF, 1.52 MB) and Schedule 1 – IMM 0148 (PDF, 276 KB).

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 have also been instructed to provide documentary evidence that confirms their relationship to the former Afghan interpreter, if available.

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
  • the statutory declaration of a person who knew the applicant, a family member of the applicant, or the applicant’s father, mother, brother, sister, grandfather or grandmother, attesting to the applicant’s identity, or
  • the statutory declaration of an official of an organization representing nationals of the applicant’s country of nationality or former habitual residence attesting to the applicant’s identity

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; and
• 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

The officer will determine whether the evidence of identity provided by the applicant meets eligibility requirements or not, and if they determine that it does not meet the requirements, they will inform the applicant of the reason why the document is not acceptable. Officers may refer to the U.S. Department of State website 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 to be issued a permanent resident visa pursuant to this public policy, their accompanying family members are also eligible, provided that they meet the definition of “family member” in subsection R1(3). Family members within the meaning of subsection R1(3) may be added to the application at any time prior to its finalization.

Proof of relationship

The onus remains on the principal applicant to satisfy the officer on a balance of probabilities that their family members meet the definition of paragraph R1(3). However, due to the current situation in Afghanistan, and the likelihood that applicants have fled Afghanistan with little documentation, officers are encouraged to be flexible in their assessment. In cases where principal applicants are unable to obtain official records as evidence of the familial relationship, officers may consider accepting alternate sources of information provided by principal applicants, including affidavits or oral testimony through an interview. Officers may also hold an interview if the credibility of the principal applicant is a concern. Ultimately, it is the officer’s discretion, and the officer must be satisfied that the criterion has been met before continuing to process the application.

Changes to family composition

If the principal applicant marries or has a new common-law partner or dependent child after the submission of the application, 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.

If the marriage is not genuine or was entered into primarily for the purpose of acquiring any status or privilege under IRPA, the application, with respect to the spouse, will be refused [R4]. Officers may also pursue misrepresentation in this case.

When IRCC is informed of the additional family member, 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 with the request. If the principal applicant does not return the application form in a timely manner, processing can continue with the additional dependant considered as non-accompanying.

Approval in principle

Once eligibility requirements are determined to have been met for the principal applicant and accompanying family members, the application is approved in principle. IRCC processing staff should advise them by sending the approval in principle letter (available in the T drive). This letter is also used to request any further information required to process the case, including the admissibility review.

What to do if the principal applicant is ineligible to apply

Principal applicants must meet all of the eligibility criteria to be approved. Processing officers must follow procedural fairness guidelines if they are not satisfied that an applicant meets the 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 captured in GCMS. In all cases of refusal, the applicant must be advised in writing of the decision.

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. Officers are to use the subsection A25.2(1) refusal ground for refusals on the public policy eligibility criteria.