Inadmissible family member. Thread starter SeaGalWA; Start date Dec 19, 2013; S.

Inadmissible family member 34, 35 & 37. Understand the legal provisions, exceptions, and solutions. Specifically for misrepresentation, the inadmissibility and five-year bar extends to family members with 23 For the purposes of paragraph 42(1)(a) of the Act, the prescribed circumstances in which the foreign national is inadmissible on grounds of an inadmissible non-accompanying family member are that: (b) the non-accompanying family member is Throughout the review of your application by Immigration, Refugees and Citizenship Canada (IRCC), these declared family members will undergo various security checks in order to make sure that their history does not make the applicant ineligible or inadmissible. Title: POTENTIAL IMMIGRATION ISSUES Inadmissible family member – Their status can affect your application. Security Grounds: According to Subsection-34(1) of the IRPA, a PR or a foreign national is inadmissible on security grounds for: a) Engaging in an act of espionage or an act of subversion against a democratic government, institution or process as they are understood in Canada; (e) a family member of a protected person, if the family member is not included in the protected person’s application to remain in Canada as a permanent resident; and (f) a non-accompanying family member of a foreign national who has applied for refugee protection outside Canada. If the applicant fails to do so and inadmissibility is discovered during the application process, the officer may dismiss the (a) the family member makes an application outside Canada to an officer within one year after the day on which the applicant becomes a permanent resident; and (b) the family member is not inadmissible on the grounds referred to in subsection (3). One big reminder: you must tell the There are some circumstances where an inadmissible family member can potentially make the principal applicant inadmissible, regardless of whether the inadmissible family member is seeking permanent residency or not. C. 42 – inadmissible family member : Minister’s Delegate (CBSA officer) Q: Why are persons subject to immigration enforcement not detained until the outcome of their case? The Immigration and Refugee Protection Act (IRPA) does not permit for proactive arrest and detention of all persons subject to immigration enforcement. We appleid for trp two times but was refused but we recently submitted a strong application this January. The ground of the inadmissibility for the family member certain people being sponsored by their family, such as dependant children, spouses and common-law partners; When you receive a procedural fairness letter. Reviewed: October 28, 2021. It is important to note that there are different rules for the taking of an enforcement action against a permanent resident Having an inadmissible family member; or; Failure to comply with the Immigration and Refugee Protection Act. Got value from this video? If so, your 5 star Google review would really help let others know about us. ENF 2/OP 18 Evaluating inadmissibility version 1 06-2002 3 3 Departmental policy on criminality 3. 3 Report of inadmissibility Part I, Division 5 of IRPA refers to the report of inadmissibility under section A44(1), the making of a removal order by the Minister's delegate, or a referral to the ID for an admissibility hearing; the loss of status and the enforcement of removal orders. Essentially, the new law allows the federal government to remove convicted foreign nationals, even those with permanent residency status, from Canada and their non-accompanying family member is inadmissible; or (b) they are an accompanying family member of an inadmissible person. Facts: Factual findings are generally made on a balance of probabilities but factual findings under sections 34 to 37 of IRPA include facts for which there are reasonable grounds to believe have occurred, are occurring, or may occur: IRPA s. Failure to do so may constitute misrepresentation. (e) if the foreign national is inadmissible on grounds of an inadmissible family member in accordance with paragraph 42(2)(a) of the Act, a deportation order; and (f) if the foreign national is inadmissible under subsection 35. This is usually the case in a vast majority of cases. In accordance with article 1 of the Family Code of the Republic of Armenia “family legislation proceeds from the requirement of family strengthening, building of family relations on the basis of mutual love and respect, mutual assistance and responsibility of all the family members, inadmissibility of someone’s voluntary interference into the family’s issues, priority of child Here’s the catch: the inadmissible family member still can’t come. IRPA ss. Situations could arise where officers, after reviewing the applications, feel that certain family members of the principal applicant are inadmissible. This is when a family member is deemed inadmissible, regardless of accompanying them. For example, evidence of serious criminality is required before a permanent resident may be subject to possible removal from According to Section 33 of the Immigration and Refugee Protection Act, the person who is applying for permanent residency is the one who determines whether or not another person is a family member of the applicant for permanent residency and, as a result, who determines whether or not the other person is inadmissible if the applicant is found to be inadmissible (IRPA). company, or are standing at the border with a visitor or other visa in your hand. It doesn't matter if you have married a U. Marginal note: Inadmissibility Act on grounds of an inadmissible family member, the same removal order as was made in respect of the inadmissible family member. The report explains why it believes the person should not Exception (2) In the case of a foreign national referred to in subsection (1) who is a temporary resident or who has made an application for temporary resident status or an application to remain in Canada as a temporary resident, (a) the matters referred to in paragraph (1)(a) constitute inadmissibility only if the family member is inadmissible Inadmissible family member. This is regardless of whether the family member is seeking permanent resident status or not. A34 A35 A36 A37 A38 A39 A40 A40. I would like to know if he does not leave the country, will that make me inadmissible as well as he is my family member. Log in Register. It is important to note that CBSA cannot issue the Exclusion Order directly except in In most cases, the presence of an inadmissible family member would automatically render the principal applicant inadmissible. It could also be because of some past issue with Canadian immigration authorities such as misrepresentation. This is obviously a very serious situation and a clear indication of how other family members may affect your application. Feb 7, 2025 #31 Inadmissible family members. 1 Reasonable grounds versus balance of probabilities Section [A33] states specifically that the facts that constitute inadmissibility under sections [A34 to Selection of members of family class A12(1) Right to sponsor a family member A13(1) Obligation of sponsorship A13(3) Inadmissible family member A42 Right to appeal family class refusal A63(1) Inadmissible classes A33 - A42 Exception to excessive demand A38(2) and R24 Definition of common-law partner R1(1) inadmissible family members. Thread starter SeaGalWA; Start date Dec 19, 2013; S. Importantly, the facts constituting inadmissibility under sections 34 to 37 include facts arising from acts and omissions, and include facts for which there are reasonable grounds to having an inadmissible family member. Jun 18, 2017 57,856 You include him as an accompanying family member and once your application is approved, both of you will get PR and he can return to Canada. Thus, immigration authorities conduct background screening on all family members, whether they are accompanying you to Canada or not. Inadmissibility is a complex issue within the context of Canadian immigration and typically requires assessment by a lawyer who can advise on potential remedies. s. Many experience one of the problems listed below. This includes a medical examination and a review for criminal or security concerns. Financial reasons (Article 39) Ineligibility for family sponsorship. Inadmissibility grounds rarely seen – Health grounds and Financial reasons. However, when it comes to non-accompanying family members, the law redirects us to the (a) their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible; or (b) they are an accompanying family member of an inadmissible person. TRPs are temporary visas that allow someone to stay in Canada for a limited time, usually a year, with the option of renewing. Inadmissibility grounds with no right of appeal to IAD: Security, Human Rights or International Violations and Organized Criminality. page/r/C inadmissible family member; Since you are inadmissible to Canada, you are requesting exemption from your inadmissibility by applying under the HC route. If you drive while impaired by alcohol or drugs, including cannabis, you may be inadmissible for serious criminality. 3] Subsequent examination The Minister of Citizenship and Immigration (the Minister of CIC) is responsible for six of these provisions (criminality, health, financial reasons, misrepresentation, non-compliance, and inadmissible family members), while the Minister of Public Safety is responsible for three (security, human or international rights violations, and organized Inadmissible Family Member: An inadmissible family member could make you inadmissible, whether accompanying or non-accompanying. In these specific cases, the principal applicant can request an inadmissible family member. In order to overcome inadmissibility, A person is inadmissible for failing to comply with the Act in the case of a foreign national, through an act or omission which contravenes, directly or indirectly, a provision the Act A41(a) in the If the officers find a member of the family class or a family member inadmissible for medical reasons, they would need to refuse the application. Overcoming inadmissibility will depend on the reasons behind the decision and the reason you are seeking entry to Canada. Family members and dependents that were undisclosed and unexamined for admissibility You live in Canada and want information on how to sponsor family members living outside the country. 42 (1) A foreign national, other than a protected person, is inadmissible on Under section 23 of IRPR, the following non-accompanying family members make you inadmissible: Spouse, unless the marriage has fallen apart; Common-law partner; A dependent child, unless you and your spouse have Short answer: sometimes, but only for a temporary visit. The Guidelines for Inadmissible Family Members. Ultimately, inadmissibility generally Inadmissible family member. Marginal note: Direct back Marginal note: Organized criminality 37 (1) A permanent resident or a foreign national is inadmissible on grounds of organized criminality for (a) being a member of an organization that is believed on reasonable grounds to be or to have been engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in What happens if my family member is inadmissible to Canada? The Immigration and Refugee Protection Act (IRPA) determines when a permanent or temporary resident becomes inadmissible by virtue of having an inadmissible family persons may be found inadmissible to Canada because of criminality, misrepresentation, health, inadmissible family members, organized criminality, security If one family member is inadmissible to Canada, then so is every member of that family (s. ”18 Spouse 15 S. I have to submit the application by April 6 2025. Thread starter thutha; Start date Feb 5, 2025; Prev. Application Refusal Ł inadmissible family members. green card or visa or other form of U. The non-accompanying family member can be the spouse of a foreign national, the dependent child of a foreign national, or anyone dependent on the foreign national. I know you guys cannot provide If a family member is determined to be inadmissible, whether accompanying or not, it can result in the denial of entry for the principal applicant. There are legal ways to resolve inadmissibility to Canada: 1. I will partner, child or other family members as prescribed by the regulations. Immigration to Canada can be a long and sometimes complicated process. This is in accordance with the provisions specified in R23. Free Assessment. In this scenario, the officers The Immigration and Refugee Protection Act (IRPA) distinguishes between permanent and temporary residents when it comes to inadmissibility by virtue of having an It is important to remember that if a family member is inadmissible to Canada, this information must be disclosed on your application. 38 & (e) if the foreign national is inadmissible on grounds of an inadmissible family member in accordance with paragraph 42(2)(a) of the Act, a deportation order. 33 Decision: For a finding of inadmissibility, the ID will issue a provision of the Act. Fortunately, CIC takes this into consideration as there are two exceptions to the rule. Inadmissible family member: Foreign nationals may be inadmissible due to an inadmissible family member. Family Sponsorship Did you know you could be found inadmissible to Canada for Permanent Residence if your spouse is found to be inadmissible? Bet not many people are aware of that, and this is why there are so many refusals when one spouse who fully meets all of the immigration requirements to become a landed immigrant in Canada suddenly is shocked when they If My Family Member is Inadmissible to Canada, Am I Inadmissible Too? Coming to Canada is a trip that millions take every year. Registered members Current visitors Recent Activity. According to Section 23 of the IRPR and for the Section 42 – Inadmissible Family Member In this paper, I will present a quick reference guide to inadmissibility on the grounds of health. How to Overcome Inadmissibility to Canada. Criminal inadmissibility means that an The primary grounds for inadmissibility in the criminal context are set out at sections 34 – 42 of the Immigration and Refugee Protection Act (IRPA). Humanitarian and Compassionate (H&C) applicants would need to specifically request Under section 42 of the Immigration Act , you become inadmissible because of an accompanying inadmissible family member. As we mentioned above, usually you will have already passed a criminal check as well as a medical check when the security screening process begins, although strictly speaking both Inadmissible Family Member According to Section 42 of the IRPA, a foreign national, other than a person granted refugee protection, is inadmissible on grounds of an inadmissible family member if: Their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible; or INTRODUCTION TO INADMISSIBILITY iRPA . While not a permanent solution, a TRP may allow your family member to be physically present in The onus to request an exemption from inadmissibility (e. 1; 2; 3; First Prev 3 of 3 Go to page. T. 42 (1) A foreign national, other than a protected person, is inadmissible on grounds of an inadmissible family member if (a) their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible; or Learn about inadmissibility in Canada due to inadmissible family members. 42 IRPA). You’ll receive this letter Inadmissible Family Members; Failure to comply with any provision of the IRPA. Canada’s immigration rules, found in the Immigration and Refugee Protection Act (IRPA), treat temporary visitors An inadmissible family member, within or outside of Canada, typically makes the principal applicant inadmissible. Inadmissible family member A42 3. Hardship, depression,unemployment back home - all of these are HC grounds that you will use to request exemption from your inadmissibility to Canada. Thread starter thutha; Start date Feb 5, 2025 Prev. However, if the family member of a foreign national is inadmissible, they may not become inadmissible because of them if, The application is for temporary residence. This may result in family separation or the inability to join the definition of “family member” and is not inadmissible. Broadened Ministerial Powers Their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible; or; They are an accompanying family member of an inadmissible person. Immigration and Refugee Protection Act has section 42 which indicates that if your family member is inadmissible through one or more of the grounds of inadmissibilities or you yourself is accompanying a family member and you are inadmissible under one or more of those inadmissibility grounds, the Principal Applicant and other family members Section 38(2) makes exceptions for family members and persons with a connection to Canada. He has one reckless driving and 3 misdemeanors (patronizing prostitution). citizen, have a job waiting for you with a U. Get legal help if a family member is inadmissible. ” Note, however, that a conjugal partner is not a “family member. This is especially so if the Section 42 (1) of the Immigration and Refugee Protection Act provides: Inadmissible family member. CBSA officials Bill C-43 acts to change this provision so that temporary residents and applicants for that status are inadmissible if their family member is inadmissible on grounds of security, violating human and international rights, or organized criminality, even if the inadmissible family member is non-accompanying. It is important to note that there are different rules for the taking of an enforcement action against a permanent resident versus a temporary resident. ss. If your sponsorship application includes more than one person, for example, your spouse and children, they'll all be inadmissible if one of them is inadmissible. Other Immigration or Entry Obstacles. Get a decision (a) their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible; or ( b ) they are an accompanying family member of an inadmissible person. Inadmissibility due to Family Member Foreign nationals (but not permanent residents) are inadmissible if their accompanying family member is inadmissible or they are themselves a family member who accompanies an inadmissible person. There are Onus: The onus is on the Minister to prove inadmissibility/establish the allegation. Menu inadmissible family member. Penalties for driving while impaired. please help me @legalfalcon @scylla. (2) In the case of a foreign national referred to in subsection (1) who is a temporary resident or who has made an application for temporary resident Among the grounds of inadmissibility, the most frequently encountered tend to be criminality and serious criminality, misrepresentation, health reasons, failure to comply with any of the requirements of the Act such as staying longer than authorized and inadmissible family members. thutha Full Member. Though Canada is proud of its historical heritage and its many great tourist attractions, Canada has very strict borders, especially when it comes to criminal inadmissibility. 1. canuck78 VIP Member. Marginal note: Prescribed circumstances — family members 23 For the purposes of paragraph 42(1)(a) of the Act, the prescribed circumstances in which the foreign national is inadmissible on grounds of an inadmissible non-accompanying family member are that (a) the foreign national is a temporary resident or has made an application for temporary resident status, an application for (a) their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible; or (b) they are an accompanying family member of an inadmissible person. However, there are two exceptions to this rule. No one gets a U. A security screening is usually the last stage in the processing of an application. entry without first proving that they are not "inadmissible" to the United States. In addition, it gives the Minister of Citizenship and Immigration the power to prevent an individual from obtaining or renewing temporary resident status. SeaGalWA Newbie. Forums. Previous step Next step: 5. This letter is called a procedural fairness letter. Also, in certain scenario, a person will also be inadmissible where a family member who is NOT accompanying them is considered Normally, an inadmissible family member, whether accompanying or not, would render the applicant inadmissible. Notably, inadmissible family members, such as spouses, common-law partners, dependent children, and grandchildren, can affect the principal applicant’s admissibility status, even if they are not accompanying the applicant. Marginal note: Exception In certain circumstances, a Temporary Resident Permit (TRP) may be a temporary remedy for an inadmissible family member. Immigration to Canada. You are accompanying a family member of an inadmissible person. thutha Full A foreigner may be inadmissible to Canada on grounds of criminal convictions, security reasons, health grounds, financial reasons, inadmissible family member or misrepresentation on the immigration application in the past. IRPA s. S. Dec 19, 2013 2 0. 10 1 Section 2 of the IRPR defines “Canadian citizen” as a citizen referred to in subsection 3(1) of the Citizenship Act. Please click here to write review: https://g. My boyfriend will be deported to Mexico from the US. Dec 19, 2013 #1 Hi, I have a question regarding inadmissible family members. Regulations An inadmissible family member could make you inadmissible in Canada. . This can apply to family members who are in and outside of Canada. Section 42 of the Immigration and Refugee Protection Act states that if one family member is inadmissible to Canada, then every member of that family is also inadmissible. With respect to inadmissibility on grounds of security (section 34), human and In a majority of cases, applicants will not be able to gain entry into Canada on the basis of having an inadmissible family member. 1 A41 A42 you are a security threat you are a human rights violator you are a criminal you are a member of a criminal gang you have certain health problems you are unable to support yourself you misrepresent you cease to be a refugee you do not comply with the Act you have an (a) their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible; or (b) they are an accompanying family member of an inadmissible person. misrepresentation, medical, criminal, inadmissible family member, etc. 9 A foreign national is inadmissible on the grounds of an inadmissible accompanying family member and in prescribed circumstances, an inadmissible non-accompanying family member. Marginal note: Health grounds (2) Paragraph (1)(c) does not apply in the case of a foreign national who (a) has been determined to be a member of the family class and to be the spouse, common-law partner or child of a sponsor within the meaning of the regulations; (d) is, where prescribed by the regulations, the spouse, common-law partner, child or other family member of a foreign ENF 2/0P 18 Evaluating Inadmissibility Table of Contents I• I lmmig_ration, Refugees lmm_1gration, R€fugiE!s and C1tizensh1p Canada et C1toyennete Canada. 42. Other reasons: Failure to comply with any provision of the Immigration and Refugee Protection Act (IRPA) or having an inadmissible family member can also lead to inadmissibility. Members. Criminality and organized criminality. For more information on this, officers would need to go through Section 15 of chapter OP 2, Processing members of the family class. 70(1) and (2) of the IRP Regulations. 1; 2; 3; Next. Moreover, Failure to declare and examine them properly could lead to serious complications, including making you inadmissible because of misrepresentation. Go. ) when making the Humanitarian & Compassionate application lies squarely on the applicant. Marginal note: Exception For instance, certain medical issues may render your family member inadmissible. Visit the Determine your eligibility page for more information. g. Hello, what is the age limit for listing a family member under PR? Does an applicant need to list every family member regardless of their age? If an applicant’s sibling is over 22 and inadmissible, not accompanying, does the applicant need to Individuals can be found inadmissible for having an inadmissible family member, whether the family member is accompanying them on the application or not, and where the individual is an accompanying family member of the inadmissible person. First Prev 2 of 3 Go to page. Feb 5, 2025 39 0. For non-accompanying family members, the principal applicant may be Inadmissible family member (section 42(1)). The immigration authorities require this information as family members can make the applicant ineligible for permanent residence. A42 It is affirmed as a principle that a minor child shall be detained only as a measure of last resort, taking into account the other applicable grounds and Similarly, an individual with family in Canada can be prevented from seeing these family members because that individual has been found inadmissible. IRPA. 17 A spouse or common-law partner of a member of the family class is a “family member. 1(1) of the Act on grounds of sanctions, a deportation order. But if you’re okay on your own, you can apply to go temporarily and leave them at home. Another reason could be because of a criminal history that you or one of your immediate family members may have had. An inadmissible family member is a foreign national, other than a protected person, who is inadmissible to Canada on grounds of an inadmissible family member. The border services officer will need to be satisfied that any risk to Canadians posed by your entry to the country This is true even if the inadmissible family member is not travelling with you!More information on the legislative changes can be found on the Citizenship and Immigration Canada website. When the CBSA requests an admissibility hearing, it also sends the IRB a report. Canadian Experience Class. (a) their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible; or In other words, there are certain circumstances in which CIC must refuse an individual’s permanent residence application if their non-accompanying dependants are inadmissible. You can follow the link below or call toll free at 1-888-242-2100. This means: You will be held inadmissible if: Your accompanying family member is inadmissible. If you are inadmissible, you cannot be sponsored by a family member who is a Canadian citizen or permanent resident. Marginal note: Organized criminality 37 (1) A permanent resident or a foreign national is inadmissible on grounds of organized criminality for (a) being a member of an organization that is believed on reasonable grounds to be or to have been engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in the consequences of being found inadmissible on certain grounds and of having an inadmissible family member; and; granting relief from inadmissibility. Temporary Resident Permit (TRP) A TRP grants temporary entry if your need to visit Canada outweighs risks. Here is the situation. (g) [Repealed, SOR/2017-78, s. How a Family Member Can Make You Inadmissible. The Immigration and Refugee Protection Act (IRPA) sets out different rules of inadmissibility for temporary and permanent residents. Can the IRB help? To learn how to sponsor a family member, you should contact the Department of Immigration, Refugees and Citizenship Canada. Next Last. It applies to: Criminal convictions outside Canada. is accompanying an inadmissible family member ; In some cases, the CBSA has the power to issue removal orders directly; that is, to send the person out of Canada, without requesting an admissibility hearing. This is regardless of whether this inadmissible family member is accompanying or non-accompanying. If we believe you may be medically inadmissible, we’ll send you a letter which explains the reason why. Further, if the section 44 report contains any grounds of inadmissibility other than those enumerated in subsection 228(1) of IRPR, the report must be referred to the ID. 11 of the IRPA and s.