In a continued expression of solidarity with the families affected by the downing of Ukraine International Airlines Flight PS752, the Canadian government has introduced a temporary public policy that facilitates permanent residence for eligible relatives of Canadian victims. This program, which will run from October 28, 2024, through October 27, 2025, allows family members of PS752 victims to apply for permanent residency in Canada, marking another step in Canada’s commitment to those affected by the tragedy.
On January 8, 2020, Flight PS752 was tragically shot down shortly after taking off from Tehran, resulting in the loss of all passengers and crew on board, including numerous Canadian citizens and permanent residents. Since then, Canada has actively supported the affected families, previously enacting policies to help victims’ families within Canada and providing pathways for certain family members living abroad. This new policy builds on those initiatives, extending benefits to a broader scope of family members both within and outside Canada, with compassionate, flexible criteria designed to simplify the path to resettlement.
Eligibility and Scope of the New Policy
The policy is available for direct family members, including spouses, children, siblings, parents, grandparents, and grandchildren of Canadian citizens or permanent residents who lost their lives on Flight PS752. In an unprecedented move, the policy also extends to the family members of spouses or common-law partners of PS752 victims. Eligible family members can apply from within Canada or from abroad, making this a truly inclusive effort.
Family members of victims who were approved to work or study in Canada at the time of the incident are also eligible to apply for permanent residence under the program. The policy focuses on alleviating procedural barriers for high-need individuals who face challenges like health conditions, financial hardship, or lack of support networks, with a goal of expediting their applications through simplified processes.
How the Program Works:
- Application Submission and Requirements
- Eligible individuals may submit applications to the Humanitarian Migration Office in Vancouver (HM-V).
- The application process requires specific documents and fees, with flexibility for applicants struggling to obtain certain forms. Applicants may need to provide documents proving familial ties to the victim, proof of residency or intent to reside in Canada, and any necessary background documentation.
- Applications are assessed case-by-case by Immigration, Refugees, and Citizenship Canada (IRCC) staff with a dedicated approach to simplify and expedite the process.
- Application Intake and Key Deadlines
- Applications must be submitted to the HM-V intake office by October 27, 2025.
- The program considers all applications submitted by this deadline, including cases pending under Humanitarian and Compassionate (H&C) grounds, which may be transferred for consideration under this public policy if requested by the applicant.
- Fees include standard application processing and biometrics, with additional exemptions for humanitarian cases.
- Admissibility and Approval in Principle
- Once eligibility is established, applicants undergo admissibility checks, including medical, security, and criminal assessments.
- Background checks ensure compliance with Canadian law while maintaining compassion for those who may have minor compliance issues (e.g., overstaying a visa or working without a permit).
- If approved in principle, applicants residing within Canada are granted a stay of removal to prevent deportation while their case is finalized.
- Application Outcome and Next Steps
- Once applicants meet all eligibility and admissibility requirements, IRCC grants permanent residence.
- Those with pending refugee claims must withdraw their claims to proceed, ensuring a clear path to residency. IRCC assists applicants through each step, coordinating with the Immigration and Refugee Board of Canada (IRB) for cases in process.
- Special Considerations for Family Members in Canada and Abroad
- In-Canada family members can receive an extension of certain admissibility exemptions and may include non-accompanying family members in the application, although they will be examined for admissibility but will not be issued visas.
- Family members abroad must meet specified eligibility under the public policy and provide documents establishing their relationship to the victim. Officers may accept a range of evidence, such as affidavits or oral testimony, given that many official documents may have been lost or destroyed.
Key Objectives of the Policy
This temporary policy aims to reduce the procedural burden for those affected by PS752, providing not just a legal pathway to permanent residence but also a supportive framework for individuals dealing with high-needs situations. Key objectives include:
- Humanitarian Focus: Exemptions for minor immigration infractions and procedural support for applicants struggling with health or financial constraints.
- Familial Reunification: The policy strengthens family ties by prioritizing applications from close family members who need assistance and support, ensuring that they can join surviving relatives in Canada.
- Simplified Processing for High-Needs Cases: Emphasizing compassionate assessment, the policy accommodates those unable to meet typical application criteria due to circumstances related to the tragedy.
Documentary Evidence and Verification
While standard documentation is required, the IRCC has indicated that leniency will be applied in cases where documentation is hard to obtain. For example, affidavits or oral testimony may replace official documents if they are not available, as officers work to validate each applicant’s eligibility sensitively and comprehensively.
Additional Information for Applicants with Pending Refugee Claims
Applicants with pending refugee claims in Canada can request that IRCC place their refugee claim on hold while they apply under this new policy. If approved in principle, applicants must withdraw their claims before obtaining permanent residency.
Approval, Refusal, and Withdrawal of Applications
- Approval: Applicants who pass all eligibility and admissibility checks are issued a Confirmation of Permanent Residence and given a final approval letter. They are required to have paid the Right of Permanent Residence Fee before finalization.
- Refusal: Applicants who fail to meet eligibility requirements or who have unresolved admissibility issues will receive a formal refusal letter detailing the reasons for refusal.
- Withdrawal: If applicants withdraw their application voluntarily, they are notified and can reapply if circumstances change.
Canada’s dedication to supporting the families of PS752 victims remains steadfast with this public policy, representing a compassionate and accessible pathway to permanent residence. This policy underscores Canada’s commitment to family reunification, humanitarian aid, and the recognition of individuals impacted by tragic circumstances.
The IRCC is expected to process applications compassionately and expeditiously, marking another milestone in Canada's ongoing efforts to aid those left behind by tragedy.
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