In-Canada families of Canadian victims of recent air disasters – Pathway to permanent residence: Who can apply

On this page

• Who can apply
• Relation to a victim of one of the air disasters
• Who cannot apply

Who can apply

To be eligible to apply, you must

• be in Canada
• be related to one of the victims who passed away on the ET302 or PS752 flights, and your relationship type must be listed in the public policy

• not be inadmissible to Canada (and your family members must not be either), unless you

  • entered Canada without the visa or other document set out in Canada’s immigration law
  • overstayed a visa, visitor record, work permit, study permit or temporary resident permit
  • worked or studied without the proper authorization

  One of these must also apply to you:

  • You were in Canada with valid temporary resident status when the air disaster happened.
  • You were given temporary resident status or a temporary resident permit after the disaster happened. You must have applied for temporary resident status before March 23, 2021.
  • You made a refugee claim in Canada on or after the date of the air disaster.
  • You were approved for a temporary resident visa or permit under the 2020 or 2021 temporary residence public policy for families of victims of PS752.

See the instruction guide for more about who’s eligible.

Relatives of a victim of one of the air disasters

To qualify for this public policy, you must be related to a victim of the ET302 or PS752 air disaster who was a

• Canadian citizen
• permanent resident
• foreign national who was found eligible on their permanent residence application

You must have been a victim’s

• spouse or common-law partner
• child
• parent
• grandparent
• grandchild
• sibling (including half-siblings)
• aunt or uncle (the sibling of a victim’s parent)
• nephew or niece (the child of a sibling)

or

You must be one of these relatives of the spouse or common-law partner of a victim:

• child
• parent
• grandparent
• grandchild
• sibling (including half-siblings)
• aunt or uncle (the sibling of parent)
• nephew or niece (the child of a sibling)

Who can’t apply

You’re not eligible under this process if

• you’re not in Canada
• you’re not related to a victim of either air disaster
• your relationship type is not listed in the public policy
• you had a refugee claim, and
  • your claim was found ineligible to be referred to the IRB
  • you withdrew or abandoned your claim
  • your claim was found manifestly unfounded or with no credible basis
  • your claim was rejected under Article 1F of the Refugee Convention
  • there was a cessation or vacation of your claim

See the instruction guide for detailed eligibility criteria.

Who you can include in your application

You can include members of your family in your application if

• they’re living in Canada
• they meet all the medical, criminal, security and financial requirements to become permanent residents of Canada

You must declare members of your family living outside Canada on your permanent residence application. If you don’t, you won’t be able to sponsor them later.

Family Members

Family members include your spouse or common-law partner, dependent children, and their dependent children.