Guide 0128 – Pathway to permanent residence – In-Canada families of Canadian victims of recent air disasters
The deadline to apply was May 11, 2022
We are no longer accepting new applications.
If you submitted a complete application before or on May 11, 2022, we’ll continue to process it.
Table of contents
This is not a legal document. The explanations and definitions are not legal definitions. In case of a discrepancy between the language in this document and the relevant legislation or regulations, the legal text in the legislation and regulations prevails.
For legal information, refer to the Immigration and Refugee Protection Act and Regulations or the Citizenship Act, Citizenship Regulations and Citizenship Regulations No. 2, as applicable.
Before you apply
Overview of the public policy
In the past two years, there have been two airline disasters with significant implications for Canadians.
- On March 10, 2019, Ethiopian Airlines flight 302 (ET302), crashed shortly after takeoff from Addis Ababa, Ethiopia.
- On January 8, 2020, Ukraine International Airlines flight 752 (PS752) was shot down by an Iranian surface-to-air missile shortly after takeoff from Tehran.
As a result of each of these tragic events, all passengers and crew died, including many Canadian citizens and permanent residents of Canada.
The Government of Canada is committed to supporting the families of victims that were Canadian citizens, permanent residents or foreign nationals that were in the process of applying for permanent residence.
The temporary public policy to facilitate permanent residence for in-Canada families of Canadian victims of recent air disasters will facilitate the granting of permanent residence to some of the members of these families who are currently in Canada and will help minimize uncertainty for those who have already faced great loss and allow families to remain in Canada so that they can help rebuild their lives and support surviving family, as needed.
This public policy takes effect on May 12, 2021, and will end on May 11, 2022.
Who may use this application?
To qualify for this public policy, you must meet specific eligibility criteria before applying.
Pending refugee claimant
If you have a refugee claim or appeal before the Refugee Protection Division (RPD) or the Refugee Appeal Division (RAD) of the Immigration and Refugee Board (IRB) when you apply for permanent residence under this public policy, following a preliminary review, IRCC will inform the IRB that you have applied for Permanent Residence and request that your claim or appeal be placed on hold until a final decision on your application for permanent residence under this public policy is rendered.
IRCC will provide the IRB with the outcome of the application for those who had their claims or appeals put on hold under this public policy.
- If you are unsuccessful, the IRB will resume processing your pending claim or appeal.
- If you are successful, you will be required, as a final condition under this public policy, to withdraw your refugee claim before the RPD or refugee appeal before the RAD in order to be granted permanent residence. Should you decide not to withdraw, as mentioned above, those processes will proceed and your application for permanent residence under this public policy will be refused.
Stay of removal
Once IRCC assesses that you meet the requirements above, except for a final determination of admissibility, and concludes that you are eligible, the delegated officer will approve the application in principle under this public policy. If you receive an approval in principle, your removal order, if one exists, will be stayed pursuant to section 233 of the Regulations. The stay of removal will apply until a final decision is made on the permanent residence application. A final assessment of admissibility will be conducted prior to granting of permanent residence.
Renewal of a study or work permit, or extension of visitor status
If you need to apply to renew your visitor status or apply for a study or a work permit, do not include that application with your application for permanent residence under this public policy. You must send a separate application.
Do family members need to apply separately?
You may include your family member(s) as defined below, residing in Canada, in your application for permanent residence for concurrent processing. Your spouse or common-law partner and dependent children must be admissible (unless exempted as per above), meet all other requirements of the Act.
Family members residing outside Canada cannot be included for concurrent processing. However, in your application, you must list all your family members residing in Canada or outside, as all will need to be examined for admissibility purposes. That said, your family members residing outside Canada may be sponsored after you have become a Permanent Resident of Canada, if the requirements of the Regulations are met.
Note: For the definition of a family member, see the definitions below (in line with the definition of family member of subsection 1(3) of the Regulations).
Family member definitions
Your family members include your spouse or common-law partner, your dependent children and any children that are their dependent children.
- Spouse
-
Refers to either of the two persons (any gender) in a marriage legally recognized in the country in which it took place, as well as in Canada.
Proxy, telephone, fax, internet and similar forms of marriage where one or both parties were not physically present are not considered as valid spousal relationships under the Regulations nor are polygamous marriages. For more information, consult our policy on the legality of a marriage.
- Common-law partner
-
Refers to a person who is living in a conjugal relationship with another person (any gender), and has done so continuously for a period of at least one year. A conjugal relationship exists when there is a significant degree of commitment between two people.
This can be shown with evidence that the couple share the same home, support each other financially and emotionally, have children together, or present themselves in public as a couple.
Common-law partners who have been in a conjugal relationship for at least one year, but are unable to live together or appear in public together because of legal restrictions in their home country or who have been separated for reasons beyond their control (for example, civil war or armed conflict) may still qualify and should be included on the application.
- Dependent children
-
The age of your children is ‘locked in’ when you make your refugee claim. This means that if you are later able to apply for permanent residence in Canada as a protected person, you may be able to include them in your application if they meet the dependent children requirements below on the lock-in date:
- They’re under 22 years old, and
- They don’t have a spouse or common-law partner
Children 22 years old or older qualify as dependants if they meet both of these requirements:
- They have depended on their parents for financial support since before the age of 22, and
- They are unable to financially support themselves because of a mental or physical condition
With the exception of age, dependants will have to continue to meet these requirements until processing of the application for permanent residence is complete.
- Dependent child of a dependent child
-
Refers to children of dependent children of the applicant and those of the spouse or common-law partner, if applicable.
Biometric (fingerprints and photo) requirements
You and your family members may need to appear in person to have fingerprints and a photograph (biometric information) taken at a biometric collection service point.
Canadian citizens and permanent residents of Canada are exempt from giving biometrics.
As of December 3, 2019, you need to give biometrics when you apply from within Canada. You can go to a designated Service Canada location.
Find out if you need to give biometrics.
If you have to give biometrics, you can give them after you:
- pay for and submit your application and biometric fees; and
- get a Biometric Instruction Letter (BIL) which will direct you to a list of biometric collection service points you may choose from.
You must bring the BIL with you to the biometric collection service point to give your biometrics.
We encourage you to give your biometrics as soon as possible after getting the BIL. We’ll start processing your application after we get your biometrics.
Where to give your biometrics
You need to book an appointment to give your biometrics at one of these official biometric collection service points.
Step 1. Gather Documents
What documents are required?
Use the Document Checklist [IMM 0129] (opens in a new tab) to assist you in gathering the necessary documentation.
Note: If any of the required documents are missing, or photocopies are not clear, your application may be returned to you.
Additional documents may be required during the processing of your application.
Reminder
It is your responsibility to ensure that the information in your application is correct and up-to-date. If your circumstances change, you must inform IRCC. Decisions made on your application will be based on the information we have at the time your application is reviewed.
When you mail your updated information, the envelope should be clearly labelled with the words “Victims of air disasters public policy - VAD”.
Translation of documents
You must include the following along with any document that is not in English or French:
- the English or French translation; and
- an affidavit from the person who completed the translation (if they are not a certified translator).
Translations may be done by:
- a person who is fluent in both languages (English or French, and the unofficial language); or
- a Canadian certified translator (a member in good standing of a provincial or territorial organization of translators and interpreters in Canada).
If the translation isn’t done by a Canadian certified translator, the person who completed the translation must provide an affidavit swearing to their language proficiency and the accuracy of the translation.
The affidavit must be sworn in the presence of:
In Canada:
Authority to certify varies by province and territory. Consult your local provincial or territorial authorities.
Outside of Canada:
- a notary public
Authority to administer oaths varies by country. Consult your local authorities.
Important information: Translations must not be done by the applicants themselves nor by members of the applicant’s family. This includes a parent, guardian, sibling, spouse, common-law partner, conjugal partner, grandparent, child, aunt, uncle, niece, nephew and first cousin.
Note: An affidavit is a document on which the translator has sworn, in the presence of a person authorized to administer oaths in the country where the translator is living, that the contents of their translation are a true translation and representation of the contents of the original document. Translators who are certified in Canada don’t need to supply an affidavit.
Certified true copies
To have a photocopy of a document certified, an authorized person must compare the original document to the photocopy and must print all of the following on the photocopy:
- “I certify that this is a true copy of the original document”;
- the name of the original document;
- the date of the certification;
- the name of the authorized person;
- their official position or title; and
- their signature.
Who can certify copies?
Only authorized people can certify copies.
Important information: Certifying of copies must not be done by the applicants themselves nor by an applicant’s parent, guardian, sibling, spouse, common-law partner, conjugal partner, grandparent, child, aunt, uncle, niece, nephew or first cousin.
People authorized to certify copies include the following:
In Canada:
Authority to certify varies by province and territory. Check with your local provincial or territorial authorities to learn who has the authority to certify.
Outside Canada:
- a notary public
Authority to certify international documents varies by country. Check with your local authorities to learn who has the authority to certify in your country.
Step 2. Complete the Application
Filling out the application
Follow the step-by-step instructions below to complete the application forms.
The following are the forms that must be filled out and submitted:
- Document Checklist [IMM 0129] (opens in a new tab)
- Use your checklist to make sure you include all the forms and documents you need.
- Place the checklist on top, as a cover to your application package.
- Generic Application Form for Canada (IMM 0008)(opens in a new tab)
- Additional Dependants/Declaration (IMM 0008DEP) (opens in a new tab)
- Schedule A – Background/Declaration (IMM 5669) (opens in a new tab)
- Additional Family Information (IMM 5406) (opens in a new tab), if applicable
- Use of a Representative (IMM 5476) (opens in a new tab) , if applicable
Be complete and accurate
Complete all sections. If a section does not apply to you, write “Not Applicable” or “NA”. If your application is incomplete it may be returned to you and this will delay the processing of your application.
If you need more space for any section, print out an additional page containing the appropriate section, complete it and submit it along with your application.
Important: Please note that some sections of the Generic Application Form for Canada (IMM 0008)(opens in a new tab) may not apply to this temporary public policy.
Under “Application Details”
- For question 1, select “Other”
- For question 2, select “In Canada – Humanitarian and Compassionate Considerations”
Step 3. Pay the Fees
Calculating your fees
Use the table below to calculate the total amount of fees to be paid. The processing fee must be included with your application.
We recommend you pay the right of permanent residence fee ($575) now to avoid delays. You will have to pay it before you become a permanent resident.
| Application (per person) | $CAN |
|---|---|
| Your application Processing fee ($635) and right of permanent residence fee ($575) |
1,210 |
| Your application (without right of permanent residence fee) | 635 |
| Include your spouse or partner Processing fee ($635) and right of permanent residence fee ($575) |
1,210 |
| Include your spouse or partner (without right of permanent residence fee) | 635 |
| Include a dependent child | 175 |
Note: The following persons are exempt from paying the Right of Permanent Residence Fee of $575:
- Your dependent children;
- You, if you are the principal applicant and the dependent child of a permanent resident or Canadian citizen. You must meet the definition of “dependent child” at the time of the application;
- You and your family members, if you are a protected person.
| Biometrics fees | $CAN |
|---|---|
| Biometrics (per person) | $85 |
| Biometrics (per family) (2 or more people)
Maximum fee for a family of 2 or more people applying at the same time and place |
$170 |
How to pay the fees for your application
To pay your fees for your application you’ll need:
- a valid e-mail address;
- access to a printer (you’ll need to print the receipt), and
- a credit card, Debit MasterCard® or Visa® Debit card.
Visit the link below and follow these instructions to pay:
- Go to Online Payment.
- Follow the online instructions.
- At the end, click on the button to print the IRCC official receipt with barcode. Print two copies.
- Attach a copy of this receipt to your completed application.
- Keep the second copy of the receipt for your records.
Do not exit without printing the receipt! The printed receipt is your proof of payment!
Payment Issues
No fee included or insufficient fees
If you do not pay the full fees for your application(s) we will return your application(s). We will only start processing your application after you return it with the correct fees.
For immigration applications, see section 10 of the IRPR and for citizenship applications, see section 13 of the Citizenship Act for more information.
Overpayment
If you pay more than the fees needed for your application(s) we will start processing your application, and send you a refund as soon as possible.
Note: You don’t have to ask for a refund. It will be done automatically.
Note: If you’re eligible for a refund, we will issue the refund to the person indicated on the Payer Information section of the receipt (if a receipt is attached to a paper application or uploaded as part of an online application). If you paid directly within an online application (no receipt attached), or if there is no name indicated on the receipt, we will send the refund to the applicant.
Only online payments are accepted in Canada. If any other forms of payment are received, Immigration, Refugees and Citizenship Canada (IRCC) will return your application.
Additional fees
You will also have to pay fees to third parties for yourself and your family members (if applicable) for:
- medical examinations
- police certificates
- language assessments
Step 4. Mailing your application
Where to mail the application?
Important information: Your application must be submitted no later than May 11, 2022.
Don’t use staples, binders, plastic sleeves, folders or albums to submit your application. Elastic bands or paper clips to attach photos are acceptable.
Mail your completed application in a stamped envelope to the address shown below:
(Your name)
(Your Address)
(Your Postal Code)
Victims of air disasters public policy - VAD
#300-800 Burrard St
Vancouver, B.C.
V6Z 0B6
Note: All applications for permanent residence under this public
policy must be sent directly to the Humanitarian Migration Office in Vancouver. This
office will not accept or process any applications for renewal of temporary resident status.
Submit the document checklist
Make sure you use and submit the Document Checklist [IMM 0129] (opens in a new tab) along with your application forms and supporting documents.
Note
Sign the form
The application must be signed and dated before it is submitted.
If you are:
- 18 years of age or older, sign and date in the boxes provided at the bottom of the page,
- less than 18 years of age, your form must be signed by one of your parents or legal guardian.
Note: If your application is not signed and dated, it will be returned to you.
Submit the application form
When submitting your application, to ensure your encoded data is captured, you must include the last page or pages which contain your unique barcodes. See the image below:
Note: This page is only available when you complete your application electronically (on a computer).
Mail your application
Do not fold documents. Don’t use staples, binders, plastic sleeves, folders or albums to submit your application. Elastic bands or paper clips to attach photos are acceptable.
For your personal records, you should make photocopies of all documentation, forms and your fee receipt submitted with your application.
Do not include pre-paid return envelopes.
You may want to send your application via registered mail or Xpresspost to track the delivery.
What you can do to help processing
There are certain things you can do to help make sure your application is processed as fast as possible:
- submit all documents and information we have asked for with your application
- pay your application and biometric fees (if required)
- provide your biometrics as soon as possible (if required)
- tell us if your contact information changes, including:
- mailing address;
- telephone numbers;
- facsimile number (fax);
- e-mail address.
Things that delay processing
The following may delay processing:
- unclear photocopies of documents;
- verification of your information and documents;
- a medical condition that may need more tests or consultations;
- a criminal or security issue;
- consultation is needed with other offices in Canada or abroad.
What Happens Next
What you will receive from us
The following outlines what you can expect to receive from us as a result of submitting this application.
Upon reception:
- If your application is received and is properly completed, we will send you an acknowledgement of receipt.
- If your application is incomplete (missing a form, a signature or complete fees), the application will be returned to you.
When processing:
- We may contact you to arrange an interview, or to verify or expand on information contained in your application.
- If your application is approved, we will inform you in writing and provide further information on the next steps to proceed to obtain your permanent residence status. See section Next steps for more information.
- If your application is refused, we will send you a refusal letter.
Medical requirements
Do not undergo an immigration medical exam unless we advise you to do so. A medical exam will be required and you’ll receive instructions after you submit your application.
All your family members who are not already Canadian citizens or permanent residents must undergo and pass an immigration medical exam, even if they will not be processed for permanent residence with your application. Family members who do not undergo and pass a medical exam will not be eligible to be sponsored at a later date. Your family members will be contacted by the processing office in their area with instructions on their medical exams.
Police certificates
If you and your family members are 18 years of age and older and aren’t permanent residents or Canadian citizens, you must provide a valid police certificate for any country other than Canada in which you spent 6 or more months in a row since the age of 18.
Note: You do not need to provide a police certificate from a country if you or your family members were under 18 years of age the entire time you lived in that country.
If the original certificate isn’t in English or French, you must get an accredited translator to translate it. You must include both the police certificate and the translation.
We’ll also do our own background checks to see if there are reasons why you or your family members may not be admissible to Canada.
For specific and up-to-date information, see our guide on where to get a police certificate.
Applicants that intend to reside in Quebec
If you intend to reside in Québec, after we have reviewed your application and determined that you meet the eligibility criteria for the public policy, you will be invited to apply for a Certificat de sélection du Québec (CSQ).
We will refer your application to the provincial immigration authority, called the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) on your behalf.
If the MIFI refuses to issue a CSQ, your application we will continue to process your application for permanent residence, provided you no longer live in the province of Québec.
Permanent resident status
If your application is successful, you and your family members will receive status as permanent residents of Canada. To prepare, see Understanding permanent resident status.
Updating your contact information or application
While your application is in process, you must tell us if you change your address, email address, or telephone number. Use the Change your address tool to give us your new contact information.
If your circumstances change, you must inform IRCC. It is your responsibility to ensure that the information in your application is correct and up-to-date. Decisions made on your application will be based on the information we have at the time your application is reviewed.
You can send updates
- by email to VancouverBRO@cic.gc.ca (include “VAD” in the subject line), or
- by mail at:
Victims of air disasters public policy - VAD
#300-800 Burrard St
Vancouver, B.C.
V6Z 0B6
Checking application status
You can use a courier service that needs a delivery signature to find out when we get your application package. This lets you confirm delivery and track your package until it gets to us.
When you get your acknowledgement of receipt letter, you can check the status of your application online.
If you can’t view the status of your application, you may contact us to report technical problems.
Withdrawing your application
If you wish to withdraw your application, you must do so in writing. Make sure to indicate your UCI, family name and first name on all correspondence with us. You must send your notification by email or by mail.
Protecting your information
Your personal information is:
- available to Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA) employees who need to see it to provide the services to you, and
- not disclosed to other organizations except as permitted under the provisions of the Privacy Act or the Citizenship Regulations.
For more information about the protection of your data, visit the Frequently Asked Questions/Help Centre.
Quality Assurance Program
Our quality assurance program randomly chooses applications for a special review. If chosen, we will ask you to attend an interview with an IRCC official to:
- verify that the documentation and any other information you submitted is accurate,
- verify that your application has been completed properly.
Note: We will notify you in writing if your application is chosen.
Need help?
If you need help, you can find answers to your questions by visiting the Help Centre.
Appendix A: Photo specifications
Notes to the applicant
Take this information with you to the photographer
- Make sure that you provide the correct number of photos specified in the Checklist.
- You must provide identical and unaltered photos.
- Photos may be in colour or in black and white.
- Photos must be original and not altered in any way or taken from an existing photo.
- Photos must reflect your current appearance (taken within the past twelve (12) months).
Notes to the photographer
The photos must be:
- taken by a commercial photographer;
- 50 mm x 70 mm (2 inches wide x 2 3/4 inches long) and sized so the height of the face measures between 31 mm and 36 mm (1 1/4 inches and 1 7/16 inches) from chin to crown of head (natural top of head);
- clear, sharp and in focus;
- taken with a neutral facial expression (eyes open and clearly visible, mouth closed, no smiling);
- taken with uniform lighting and not show shadows, glare or flash reflections;
- taken straight on, with face and shoulders centred and squared to the camera (i.e. the photos must show the full front view of the person’s head and shoulders, showing the full face centered in the middle of the photo);
- taken in front of a plain white background with a clear difference between the person’s face and the background. Photos must reflect and represent natural skin tones.
The back of one (1) photo must include:
- the name and date of birth of the person in the photo
- the name and complete address of the photography studio
- the date the photo was taken;
The photographer may use a stamp or handwrite this information. Stick-on labels are not accepted.