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. Also, in certain scenario, a person will also be inadmissible where a family member who is NOT accompanying them is considered inadmissible.

As per  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:

  1. Their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible; or
  2. They are an accompanying family member of an inadmissible person.

According to Section 23 of the IRPR and for the purposes of Paragraph 42(a) of the IRPA, the prescribed circumstances in which the foreign national is inadmissible on grounds of an inadmissible non-accompanying family member are that:

  1. The foreign national has made an application for a permanent resident visa or to remain in Canada as a permanent resident; and
  2. The non-accompanying family member is:
    1. The spouse of the foreign national, except where the relationship between the spouse and foreign national has broken down in law or in fact,
    2. The common-law partner of the foreign national,
    3. A dependent child of the foreign national and either the foreign national or an accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law, or
    4. A dependent child of a dependent child of the foreign national and the foreign national, a dependent child of the foreign national or any other accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law.
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