Following 2 airline disasters in recent years, Immigration, Refugee and Citizenship Canada (IRCC) have opened up a permanent residence pathway for the families of the victims that were in the process of applying for Canadian permanent residence at the time of each incident.
Who Does This New Policy Effect?
This new policy effects in- Canada victims of the Ukraine International Airlines flight 752 which was carrying 55 Canadian Citizens and 30 permanent residents of Canada and the Ethiopian Airlines flight 302 which was carrying 18 Canadian Citizens and 4 permanent residents of Canada. Applicants under this program can apply for Canadian permanent residence until May 11, 2022.
Who is Eligible to Apply Under This New Policy?
To be eligible applicants must satisfy the following:
1. Was a spouse or common-law partner of a Canadian citizen, permanent resident, or an individual who had a positive eligibility decision on their application for permanent residence, at the time they passed away on either flight;
OR
Was a child, grandchild, mother, father, grandmother, grandfather, brother, sister, aunt, uncle, niece, or nephew of a Canadian citizen, permanent resident, or an individual who had a positive eligibility decision on their application for permanent residence at the time they passed away on either flight;
2. Was in Canada with valid temporary resident status when the member of their family passed away on either flight;
OR
Was granted temporary resident status or was issued a temporary resident permit after the member of their family passed away on either flight;
OR
Made a refugee claim in Canada on or after the date that the member of their family passed away on either flight;
OR
Benefitted from the 2020 or the 2021 temporary residence public policies for families of victims of PS752.
3. Is physically present in Canada at the time of application for permanent residence under this public policy, as well as at the time of granting of permanent residence;
4. Is not inadmissible other than for non-compliance of the Act;
5. Does not have a refugee claim which has been: determined to be ineligible to be referred to the Immigration and Refugee Board (IRB); determined to be withdrawn (unless withdrawn immediately prior to being granted permanent residence through this public policy) or determined to be abandoned; determined to be manifestly unfounded (MUC) or with no credible basis (NCB); determined to be excluded under Article 1F of the Refugee Convention; or received a determination that refugee protection has been ceased or vacated; and,
6. If applicable, as a final condition of the public policy, has withdrawn their refugee claim before the Refugee Protection Division (RPD) or their appeal at the Refugee Appeal Division (RAD) of the IRB, in order to be granted permanent residence through the public policy.
Who Can Be Included in this Application?
An eligible applicant can include in their application under this public policy eligible family members who are physically present in Canada.
Rebecca Major
