Pathway to permanent residence for in-Canada families of Canadian victims of air disasters ET302 and PS752

From: Immigration, Refugees and Citizenship Canada

Backgrounder

Immigration, Refugees and Citizenship Canada (IRCC) has put in place a new public policy facilitating permanent residence application for in-Canada families of victims of air disasters involving Ethiopian Airlines Flight 302 (ET302) and Ukraine International Airlines Flight 752 (PS752). The public policy came into effect on May 12, 2021, and will remain in place until May 11, 2022.

All the standard fees and biometrics requirements apply. The standard admissibility requirements also apply. However, applicants may still be eligible even if they have

  • entered Canada without the required visa or other document required under the Immigration and Refugee Protection Regulations
  • failed to comply with conditions of their temporary stay related to having overstayed a visa, visitor record, work permit, study permit or temporary resident permit
  • worked or studied without being authorized to do so under the Immigration and Refugee Protection Act

The implementation of this public policy follows previous special immigration measures put in place by IRCC. These include dedicated phone and email channels for immigration support as well as public policies to facilitate the issuance of temporary resident visas and extensions of temporary resident status for those unable to return home because of the ongoing global travel restrictions.

Who can apply under this public policy

To be eligible to apply for permanent residence under this public policy, you must meet the following 3 criteria:

  1. The member of your family who was a victim of flight ET302 or PS752 must have been a
    • Canadian citizen
    • permanent resident of Canada
    • foreign national who had a positive eligibility decision on their permanent residence application
  2. You must be
    • the spouse or common-law partner of a Canadian victim of flight ET302 or PS752
    • one of the following relatives of a Canadian victim or of their spouse or common-law partner:
      • child
      • grandchild
      • parent
      • grandparent
      • sibling (including half-siblings)
      • aunt or uncle (sibling of a victim’s parent or sibling of a victim’s spouse or common-law partner’s parent)
      • niece or nephew (child of a victim’s sibling or child of a victim’s spouse or common-law partner’s sibling)
  3. You must be in Canada at the time of application, and you must have done one of the following:
    • had valid temporary resident status in Canada when the member of your family passed away on flight ET302 or PS752
    • been granted temporary residence after the member of your family passed away on flight ET302 or PS752, as long as you applied for temporary resident status in Canada before March 23, 2021
    • made a refugee claim in Canada on or after the date that the member of your family passed away on flight ET302 or PS752, and your claim has not been found ineligible to be referred to the Immigration and Refugee Board
    • benefitted from the 2020 or 2021 temporary residence public policy for families of victims of Flight PS752

This public policy applies only to members of victims’ families who are currently in Canada. IRCC is working on further measures to facilitate permanent residence applications for certain members of victims’ families who are outside Canada, and an announcement will be made once those measures are in place.

How to apply

Check to see if you’re eligible to apply for permanent residence under this public policy.

Carefully read all the instructions on how to apply, including the instruction guide and checklist, before gathering the necessary forms and documents to start your application.

Make sure your application is complete, and you’ve paid all the necessary fees before submitting your application.

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