Application for a permanent resident visa under the public policy for extended families of former language and cultural advisors – Eligibility

On this page

• Who is eligible to apply
• Assessing eligibility of the former LCA
• 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 language and cultural advisors (LCAs) are eligible to apply for permanent residence under this public policy if they meet the eligibility requirements below:

1. Is a national of Afghanistan;
2. Is outside Canada at the time of application;
3. Was in Afghanistan on or after July 22, 2021;
4. Has submitted an application for permanent residence using the application package provided by the Department;
5. Is a child (regardless of age), grandchild, parent, grandparent, or *sibling (may include a sibling-in-law if the sibling of the former LCA 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 a Canadian citizen or permanent residence whose employment as an LCA in Afghanistan for the Department of National Defence (DND) between 2001 and 2021 has been confirmed by DND;
6. Has provided a statutory declaration, from an individual who has been confirmed to be an eligible LCA listed in condition 5, of their relationship;
7. Has provided a statutory declaration, from an individual who has been confirmed to be an eligible former LCA listed in condition 5, of the former LCA’s residency in Canada and
8. Holds a document enumerated at subsection 50(1) of the Regulations, or if they are unable to obtain a document enumerated at subsection 50(1), provides a document described in subsection 178(1) and 178(2) of the Regulations.

^*This may include a half-sibling, adoptive sibling or step-sibling if the step-sibling has been adopted by one of the former LCA’s parents.

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 1(3) of the Regulations;
3. The foreign national holds a document enumerated at subsection 50(1) of the Regulations or if they are unable to obtain a document enumerated at subsection 50(1) of the Regulations, provides a document described in subsection 178(1) and 178(2) of the Regulations;
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 LCA

The employment of the former LCA needs to be confirmed with DND. The Resettlement Operations Centre-Ottawa (ROC-O) will liaise with DND to verify the LCA’s employment with DND. LCA’s employment can be confirmed with letters of employment, pay stubs, terms of reference, personal evaluation or other.

Officers are not to advise, counsel or instruct applicants to contact DND to obtain a confirmation of former employment.

The public policy requires that the former LCAs

• worked for National Defence (DND) as an LCA in Afghanistan between 2001 and 2021
• were citizens or permanent residents of Canada when they worked for DND
• are Canadian citizens or permanent residents who currently live in Canada

Eligibility of 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 subsection 139(1)(d) of the Regulations.

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 0185] (PDF, 276 KB).

Relationship to former LCA

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

Residency of former LCA in Canada

The principal applicant must provide a statutory declaration from the former LCA that attests to the former LCA’s residency in Canada.

Identity documents

All applicants must be in possession of a valid passport or other document described in paragraphs 50(1)(a) to (h) of the Regulations, an identity document described in paragraph 178(1)(a) of the Regulations, or statutory declarations described in paragraph 178(1)(b) of the Regulations.

Applicants who do not hold a passport or a travel document described in paragraphs 50(1)(a) to (h) of the Regulations may submit with their application the following documents described in subsection 178(1) of the Regulations:

• 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 178(1) of the Regulations, 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 178(2) of the Regulations requires:

• that an identity document accepted pursuant to paragraph 178(1)(a) of the Regulations be genuine, identify the applicant, and be credible evidence of that identity; and
• that the information in statutory declarations accepted pursuant to paragraph 178(1)(b) be credible evidence of identity and consistent with any information previously provided

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 1(3) of the Regulations.

Changes to family composition

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

Procedural fairness letters may not be necessary in every case. If it is obvious that an applicant does not meet the eligibility criteria, an officer does not need to issue a PFL. For example, if DND screens the LCA and confirms that they did not work for National Defence (DND) in Afghanistan between 2001 and 2021 as an LCA, a procedural fairness letter would not be required before refusing the application.

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 subsection 25.2(1) of Act as a ground for refusals on the public policy eligibility criteria.