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Are you aware that failing to disclose family members in your Canadian immigration application can lead to severe consequences, including a lifetime ban on sponsoring them? Navigating the complexities of immigration law can be daunting, but with MM Immigration Law by your side, you can avoid these pitfalls and secure your future in Canada.
When applying for immigration to Canada, it is crucial to declare and have all your family members, including spouses, common-law partners, and children, examined, even if they are not accompanying you. Failure to do so can result in a lifetime exclusion from sponsoring that person under the family class or the spouse or common-law partner in Canada (SCLPC) class, as outlined in paragraphs R117(9)(d) or R125(1)(d) of the Immigration and Refugee Protection Regulations (IRPR).
At MM Immigration Law, we understand the intricacies of these regulations and the severe impact they can have on your immigration journey. Our experienced immigration lawyer is dedicated to helping you navigate these challenges and obtain the necessary exemptions. Don’t leave your future to chance—let our expertise guide you through the process and ensure your application is approved.
Understanding R117(9)(d) Exclusion
Paragraph R117(9)(d) of the IRPR states that a foreign national is not considered a family member if, during a previous permanent residency (PR) application, they were a non-accompanying family member of the sponsor and were not examined by a visa officer. In simpler terms, if a sponsor failed to declare their family member during a prior application, that family member may face exclusion.
Common Scenarios for Exclusion
Here are some scenarios that can lead to excluded family members:
- Late Additions: A sponsor doesn’t declare a new baby born after their interview with the visa officer but before departure for Canada. The baby becomes an excluded family member.
- Last-Minute Marriage: A sponsor marries their fiancé just days before immigrating to Canada, failing to declare the new spouse. The spouse becomes excluded.
- Undisclosed Children: A sponsor learns about a child after becoming a permanent resident. If the child wasn’t declared during the application, they become excluded.
- Pressure to Conceal: A sponsor is pressured not to mention a child born out of wedlock. The child becomes excluded.
- Same-Sex Partners: A sponsor applies for family reunification as a same-sex couple. If they don’t declare their partner’s cohabitation for a year, the partner becomes excluded.
Solutions and Relief
- Humanitarian and Compassionate (H&C) Considerations: IRCC recognizes cases where the excluded family member rule shouldn’t apply. H&C considerations under section 25 of the Immigration and Refugee Protection Act can be used to overcome exclusion. Examples include situations where family members were believed to be deceased or faced extreme hardship due to cultural norms.
- One Year Window Applications: Refugees (Protected Persons) can apply under the One Year Window provision. However, Regulation 141 still excludes family members who weren’t declared.
- Pilot Program for Relief: Effective September 10, 2023, a temporary public policy facilitates the immigration of certain sponsored foreign nationals excluded under R117(9)(d) or R125(1)(d). This program has been extended for an additional 3 years. Applications pending on its effective date will be processed according to its provisions.
Pilot program to exempt permanent residence applicants in the spouse and family class
To address concerns about the impact of exclusion provisions on families, the Canadian government introduced a 2-year pilot project via a temporary public policy. The pilot was extended further from inital trieal period from September 10, 2023, to September 10, 2026.
- Eligibility:
- The foreign national has applied as either of the following:
- a spouse or a common-law partner under the SCLPC class
- a spouse, a common-law partner, conjugal partner or a dependent child under the family class
- The sponsor was granted permanent residence status in Canada as any of the following:
- a resettled refugee (such as a Convention refugee or a person in similar circumstances, or an applicant under the country of asylum class)
- a protected person
- a sponsored spouse, a common-law partner, a conjugal partner or a dependent child under the family class
- a sponsored spouse or a common-law partner under the SCLPC class
- The foreign national, if declared and examined at the time their sponsor immigrated to Canada, would not have made their sponsor ineligible in the class under which the sponsor applied and was granted permanent residence.
- The foreign national has applied as either of the following:
- Cases where the policy does not apply:
- Other Permanent Residence Categories:
- The public policy does not apply if the sponsor was granted permanent residence status under immigration categories not specified by the policy. These categories include:
- Any of the economic classes.
- Other members of the family class (such as parents, grandparents, dependent children, orphaned relatives, and other relatives).
- The permit holder class.
- Permanent residence obtained from within Canada based on humanitarian and compassionate (H&C) grounds.
- The public policy does not apply if the sponsor was granted permanent residence status under immigration categories not specified by the policy. These categories include:
- Sponsor Ineligibility:
- The public policy does not apply if the foreign national, when declared and examined at the time their sponsor immigrated to Canada, would have rendered their sponsor ineligible in the class under which the sponsor applied. Examples include situations where the sponsor:
- Immigrated as a spouse but was already married to the current applicant (in a bigamous or polygamous relationship) when becoming a permanent resident.
- Immigrated as a dependent child of a principal applicant (including applicants in refugee categories) or as a dependent child under the family class but failed to declare their spouse or common-law partner, thus affecting their dependent child status.
- Would have needed to meet financial requirements under the family class or the SCLPC class if the dependent children of a sponsored dependent child were disclosed.
- Came to Canada through a program that required them to have no dependents.
- The public policy does not apply if the foreign national, when declared and examined at the time their sponsor immigrated to Canada, would have rendered their sponsor ineligible in the class under which the sponsor applied. Examples include situations where the sponsor:
- Other Permanent Residence Categories:
Conclusion
The pilot program signifies Canada’s commitment to fostering a welcoming and inclusive environment for families. Its success holds the potential for an extension beyond the initial two-year period. For those seeking to reunite with their loved ones, this program offers a beacon of hope. Consulting with experienced immigration consultants or lawyers familiar with the pilot program can ensure a smooth and efficient process.
Have you or someone you know been impacted by the R117(9)(d) or R125(1)(d) exclusions? Please contact MM Immigration law to speak with an expert lawyer.
Disclaimer: This guide provides general information and should not be considered legal advice. Always consult official government sources and seek professional assistance for personalized guidance.
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Why Hire an Immigration Lawyer
Immigration is a dynamic and complex system that requires careful planning and preparation. By hiring an immigration lawyer, you can benefit from their expertise and guidance throughout the process. Here are some of the advantages of working with an immigration lawyer:
- An immigration lawyer can help you avoid common mistakes or provide misleading information on your application that could lead to application denial or a five-year ban.
- An immigration lawyer can help you find the proper forms to fill out, guide you through the process, and ensure that your application is complete and accurate.
- An immigration lawyer can help you identify the best program or stream for your occupation and skills, and help you apply for it.
- An immigration lawyer can help you prepare your application and documents to ensure that you meet the deadlines and criteria.
- An immigration lawyer can help you spot errors made by Immigration, Refugees, and Citizenship Canada (IRCC) and advise you on the next steps.
- An immigration lawyer can help you appeal an unfavourable decision, and represent you in court if necessary.
Hiring an immigration lawyer is not a requirement, but it can make a big difference in your outcome. An immigration lawyer can save you time, money, and stress, and increase your chances of becoming a permanent resident of Canada.
If you are interested in hiring an immigration lawyer, you can contact us at MM Immigration Law and we will be happy to assist you. We have extensive experience and knowledge in Canadian immigration law, and we have helped thousands of clients achieve their immigration goals. We offer a reasonable fee for our services. Contact us today and let us help you with your Express Entry application. 🍁
Disclaimer: This article is for general information purposes only and it is not intended as legal advice. The information is not a substitute for professional legal advice, and it may not be appropriate for you. Do not rely solely on this blog. Always do your own research and due diligence. Immigration laws and regulations can change over time. It is important to consult with a qualified immigration lawyer if you are unsure how to proceed.