Temporary public policy to reunite resettled Yazidis and other survivors of Daesh with their family members and extended family members

Key message: Under this temporary public policy, family members, certain extended family members, and de facto dependants of individuals who were previously granted permanent residence as privately-sponsored refugees under the survivors of Daesh initiative implemented as a result of the 2016 motion at the House of Commons, or under the above mentioned public policies, are eligible to apply for permanent residence. Applicants will be processed and receive resettlement support as Government-Assisted Refugees (GAR).

On this page

• Web form submission
• Application intake
• Assessing conditions under the public policy
• Exemptions
• De facto dependants
• De facto dependants who are minors
• Family reunification under the one-year window
• What to do if the principal applicant does not meet conditions
• Admissibility
• Destination Matching Requests
• After arrival support provisions
• Returns to Iraq

Web form submission

Individuals in Canada with family members who may be eligible under this public policy were invited to submit a web form.

After a web form is received and reviewed, the Department will respond on the basis of the first-in-first-out (FIFO) principal. Clients who appear to be eligible under the public policy will be sent a web form response including information about eligibility, a request for additional information about members of their family overseas (including a request for a statutory declaration for extended family members) and a request for consent to share family member contact information with the International Organization for Migration (IOM) in Iraq. Clients will be provided with 30 calendar days to provide the requested information. If the requested information is not received within 30 calendar days, the department will not proceed with the file. After the intake cap is reached, clients will be notified that the cap has been reached and that their submission will not be moving forward.

IOM Iraq will receive information regarding eligible clients, verify consent for information to be shared, invite individuals to submit applications and support with form-filling.

Application intake

An applicant must submit a complete application as defined in paragraph R139(1)(b).The IOM will assist applicants with form filling and submit applications on their behalf through PublicDocMan.

A DMR note is to be added by IRCC Amman with the location of the resettled family member or extended family member or de facto dependant in Canada.

The public policy ends on December 31, 2026 or once IRCC has accepted applications into processing for up to 400 principal applicants, whichever comes first. Applications received after this date or after the maximum number of applications that can be accepted under this public policy has been reached, will be returned. 

Assessing conditions under the public policy

To be granted the applicable exemptions, principal applicants and their family members must meet the conditions under the public policy.

1. Assessing requirements for the survivor of Daesh in Canada

The privately-sponsored Yazidi who came under the survivors of Daesh initiative or under the 2017 or 2019 public policy who is now in Canada must meet the following criteria to have their family member, extended family member, or de facto dependant apply to join them under the public policy:

1. Canadian citizen or a permanent resident of Canada
2. Living in Canada  
3. Resettled as a privately-sponsored Yazidi under the survivors of Daesh initiative implemented as a result of the 2016 motion at the House of Commons or under the 2017 or 2019 public policies
4. For extended family members or de facto dependants only: The survivor of Daesh must provide a statutory declaration [IMM 0210E] confirming their relationship with the extended family member or de facto dependant who wishes to be considered under the public policy. This must be signed by the survivor of Daesh in Canada in front of an authorized Canadian official.  

Assessing residence requirements

The survivor of Daesh in Canada must be living in Canada. In order to assess whether a person lives in Canada, the following factors can be considered:

• Maintaining a principal residence in Canada
• Has assets in Canada
• Takes short holidays or business trips outside Canada on a temporary basis
• Have work arrangements that require them to be outside Canada for temporary finite periods of time, but return to live in Canada in between assignments (such as a ship crew or seasonal workers)

2. Assessing conditions for applicants

All principal applicants must fall into one of the following groups:

Group 1: Eligible family members

1. Be a family member as per R1(3) of an individual who is a Canadian citizen or a permanent resident, residing in Canada who was previously resettled as a privately-sponsored Yazidi or under the 2017 or 2019 public policies
2. Be a national of Iraq
3. Reside in Iraq both:
   1. At the time that their application under the public policy is submitted, and;
   2. At the time when a decision is rendered on their application under the public policy
4. Not intend to reside in the province of Québec.

Group 2: Eligible extended family members

1. Be in one of the following relationships to the survivor of Daesh in Canada:
   1. An extended family member, defined as being a child irrespective of age, child irrespective of age of the spouse or common-law partner, parent, grandparent, grandchild, sibling, aunt, uncle, great aunt, great uncle, child of an aunt or an uncle, nieces, nephews, current or former legal guardian, or;
   2. A de facto dependant, defined as being a person who is considered to be an integral member of a family unit and is in a situation of emotional or economic dependence, or a combination of both, that makes them a de facto member of that family, but who does not meet the definition of a family member under subsection 1(3) of the Regulations. 
2. Provide a statutory declaration [IMM 0210E, PDF] confirming their relationship with the survivor of Daesh in Canada. This must be signed by the survivor of Daesh in Canada in front of an authorized Canadian official.
3. Be a national of Iraq
4. Reside in Iraq both:
   1. at the time that their application under the public policy is submitted, and;
   2. at the time when a decision is rendered on their application under the public policy
5. Not intend to reside in the province of Québec.

Applicants must also meet all other eligibility requirements of IRPA and IRPR not otherwise exempted. See also Admissibility.

2. Assessing family members of principal applicants

The principal applicant must list all family members, whether accompanying or not. They may, however, choose which family members they wish to include in their application as accompanying. For more see: Family Reunification under the OYW below.

Accompanying family members of principal applicants must:

1. Meet the R1(3) definition of a family member of the principal applicant
2. Be included as an accompanying family member of a principal applicant seeking exemptions under the public policy where the principal applicant meets all of the conditions of the public policy as well as all the requirements under IRPA and IRPR not exempted under the public policy
3. Not intend to live in the province of Québec.

Please see instructions in the section What to do if the principal applicant does not meet conditions.

Exemptions

As per section A25.2, the public policy grants exemptions from the following legislative and regulatory requirements for principal applicants and their family members who meet the conditions under the public policy:

For principal applicants:

• A96(a) – to have a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular group or social opinion and to be outside the country of their nationality; and, to be unable or, by reason of that fear, unwilling to avail themself of the protection of each of those countries
• R139(1)(d) – not to have a durable solution in a country other than Canada
• R139(1)(g) –to be able to become successfully established in Canada
• R140.3(1)(a) – to obtain a referral from a referral organization
• R140.3(4) – to submit an application to the immigration office that serves the foreign national’s place of residence
• R307– to pay the fee for examining circumstances under A25.2(1)

For family members of principal applicants:

• R307(b) or (c) – to pay the fee for examining circumstances under A25.2(1)

De facto dependants

De facto dependants are persons who are considered to be an integral member of a family unit and are in a situation of emotional or economic dependence, or a combination of both, that makes them a de facto member of that family, but who do not meet the definition of a family member under subsection 1(3) of the Regulations (in other words, they may not necessarily be a relative).

To be considered for inclusion as a de facto dependant, individuals must be dependant on the survivor of Daesh in Canada and not meet the definition of family member. The relationship may be by blood, marriage or strictly through long association (in other words, they may not necessarily be a relative). The dependency must be emotional or financial and will often be a combination of both factors.

In certain cases, the dependency may have occurred after the survivor of Daesh relocated to Canada. The survivor of Daesh may support the individual financially from Canada and make trips to visit their dependant in Iraq.

However, de facto dependants of the principal applicant would not be eligible under this public policy. Officers may consider other humanitarian and compassionate considerations in this situation. Such persons would normally, but not exclusively, live with the principal applicant as members of the same household and, in many cases, face the same dangers of persecution as the principal applicant.

For more please refer to Resettlement: Determining dependant de facto family membersand The humanitarian and compassionate assessment: De facto family members.

De facto dependants who are minors

De facto dependants who are under 18 years old at the time of application must have a Best Interests Determination (BID) from the UNHCR, which indicates that it is in the best interests of such children to be placed under the care of the family in Canada. Alternatively, the officer must make a BID to the effect that it is in the best interests of such children to be placed under the care of the family in Canada.

The survivor of Daesh in Canada in a de facto situation must be informed of the importance of securing legal guardianship in order to ensure the care and protection of the minor until they reach the age of majority in the province in which they reside.

The survivor of Daesh in Canada should sign the Acknowledgement of Responsible Adult Form [IMM 5590, PDF].

The United Nations Convention on the Rights of the Child (CRC) neither offers a precise definition, nor explicitly outlines common factors of the best interests of the minor, but stipulates that the best interests must be the determining factor for specific actions, notably separation of a minor from parents against their will (Article 9). The best interests must be a primary consideration in the search for short and long-term solutions, but not the sole consideration for procedures affecting minors.

A determination of what is in the best interests of the child requires a comprehensive assessment of the child’s identity, including their nationality, upbringing, ethnic, cultural and linguistic background, particular vulnerabilities and protection needs.

The following can be considered when assessing what evidence the minor can provide (non-exhaustive):

• the age and mental development of the minor both at the time of the interview and at the time of the relevant events
• the capacity of the minor to recall past events and the time that has elapsed since the events
• the capacity of the minor to communicate their experiences

Other considerations:

• be mindful of minor’s cultural and gender issues
• in accordance with Article 12 of the CRC, minors should be given an opportunity to express their views and wishes
• determine the accuracy of claimed adult-minor relationship(s)

Considerations for determining the accuracy of claimed adult-minor relationship(s):

• minor’s wishes and feelings regarding relationship; in light of the minor’s age and maturity; minor’s ability to comprehend and assess the implications of the various options
• motivation and/or conditions of the biological parent(s); including, their whereabouts and the nature of their personal circumstances; the possible impact of a permanent separation with the minor
• motivation of the survivor of Daesh in Canada (i.e.: whether dependency is bona fide or not created for immigration purposes):
  • the level of dependency, stability and duration of the relationship
  • the ability and willingness of the accompanying adult to provide support
  • arrangements and actions taken by the accompanying adults as it relates to receiving, caring, providing and planning for the minor; including specific considerations based on age, sex, ability, and other characteristics of the minor (particular physical, emotional or educational needs, mental health considerations)
  • the circumstances of how the survivor of Daesh in Canada came to care for the minor
  • authority and suasion of the survivor of Daesh in Canada over the minor
  • supplanting of the authority of the biological parent(s) by that of the accompanying adult(s)
  • nature of relationship between the minor and accompanying adult(s) before the separation with biological parents
  • the activity or involvement in the minor's life in a way that is consistent with the survivor of Daesh in Canada assuming responsibility for the minor
  • treatment of the minor versus biological minors by the accompanying adult(s), if applicable
  • in a case where the survivor of Daesh in Canada and minor shared a household,  evidence the minor has lived with and been cared for by the accompanying adults
• views of persons close to the minor, where relevant and available
• retention of family and sibling relationships and potential effect of separation from other family or change in care-givers
• continuity in the minor’s ethnic, religious, cultural and linguistic background

Family Reunification under the OYW

Non-accompanying dependents of principal applicants could be considered for family reunification under the One-Year Window (OYW) provisions.

OYW applicants would not be processed under the public policy, but as OYW applicants under the Convention Refugee Abroad class. Coding should reflect that they are OYW family members of an applicant processed under the public policy (i.e.: REF-OVS file, SPC: OYW with same Org ID as PA-Cda). Please do not use special program code “P21” for these OYW applications.

What to do if the principal applicant does not meet conditions

If the principal applicant does not meet conditions to be granted exemptions under the public policy, they may be refused as they would likely not meet eligibility under the GAR program.

In cases where an officer is not satisfied that a principal applicant meets the conditions set out in the public policy, eligibility under the class, or admissibility, officers must follow procedural fairness guidelines. 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.

Admissibility

Applicants under the public policy are subject to all the admissibility requirements that apply to the Convention Refugee Abroad Class not otherwise exempted under the public policy.

Exemptions

Principal applicants and their family members who meet the conditions of the public policy are exempted from the application of A39 (financial inadmissibility) and A38(1)(c) (excessive demand on health or social services). Additionally, an exemption should be applied consistently with R22 for the application of A40(1)(a), misrepresentation, to principal applicants and their family members. 

Non-accompanying family members of principal applicants would also be exempt from medical examinations under A16(2)(b) consistent with the application of R30(1)(f). 

Destination Matching Requests

After all assessments have been completed and before the case is finalized, a DMR must be submitted by IRCC Amman to ROD for action through the GCMS DMR activity in order to confirm the location for RAP support that is closest to the family member, extended family member of de facto dependant in Canada.

After arrival support provisions

Persons resettled under this public policy are entitled to receive support as per GAR program guidelines. This includes port-of-entry services, income support and services through the Resettlement Assistance Program, and coverage under the Interim Federal Health Program.

Cost of transportation

Transportation loans are available to provide financial assistance to eligible applicants to cover the costs of transportation for themselves and their beneficiaries from overseas to their place of final destination in Canada.

Migration officers processing government-assisted applications destined outside Quebec are encouraged to be proactive in putting forward requests for contribution for refugees with higher resettlement needs. Refer to the procedures on RAP contributions for more information.

Interim Federal Health Program

Principal applicants and their family members being resettled under the public policy are eligible for the IFHP, which includes coverage of pre-departure costs for Immigration Medical Examinations, follow-up treatment for conditions that would otherwise lead to inadmissibility on public health grounds, certain vaccinations, outbreak management including certain COVID-related measures and medical supports in transit, as well as basic, supplemental and prescription drug coverage in Canada, consistent with the duration of coverage available to all resettled refugees.

For more information, consult Resettlement: After arrival in Canada.

Returns to Iraq

Many survivors of Daesh endured significant trauma from their captors prior to arriving in Canada with many family members being killed and others remaining in captivity, unable to join their family in Canada at the time of resettlement. It is essential that this population be able to return to Iraq, after resettlement, should they wish to, for reasons such as attending a funeral or for visiting family and extended family who have been released from captivity. The public policies for Yazidis were not intended to prevent members of this group from returning to Iraq. Previously resettled applicants were told that they are free to travel back to Iraq as long as they met their Canadian residency requirements. The same applies to this cohort.

Previous survivors or Daesh were told to be truthful to Canadian Border Services Agency officers upon re-entry to Canada regarding their travel back to Iraq as they should expect to be questioned by Canadian officials at the Port of Entry upon their return.

Applications to cease protected person status should not be filed if applicants travel back to Iraq, as they may need to go back for their healing process.

For more information, see: Resettlement: Cessation and vacation in the resettlement context