How a Family Member Can Make You Inadmissible to Canada

Family reunification and public health, safety, and security are priorities in Canada. Thus, if any of your family members are inadmissible to Canada, it may affect your application, even if they are not applying with you. Medical and criminal background checks for family members may reveal health or security issues that disqualify them. There may be measures to minimize your family member’s Canadian inadmissibility.

Wondering if your family can make you inadmissible in Canada? Visit our entire guide on becoming medically ineligible to Canada.

How Can Family Members Make You Inadmissible in Canada?

The inadmissibility of a family member, even if they are not seeking Canadian permanent residency with you, might have a substantial impact on your application to enter Canada. Here’s a closer look at how medical exams and criminal/security clearances for family members can affect your eligibility.

Medical examinations

All family members aged 18 and up seeking Canadian permanent residency with you must have medical exams performed by a panel physician approved by Immigration, Refugees, and Citizenship Canada (IRCC). These medical examinations look for severe illnesses that could put a considerable strain on Canada’s healthcare system. Chronic illnesses that require continuing and expensive treatment, some infectious disorders, and serious mental health concerns are all examples of ailments that may result in inadmissibility.

If a family member fails the medical exam for Canada and is regarded as likely to place an undue burden on Canada’s healthcare resources, they are inadmissible under section A38(1) of the Immigration and Refugee Protection Act (IRPA). As a result, this inadmissibility can be passed to you, the principal applicant, using a provision known as “family inadmissibility” under Section A42 of the IRPA.

Criminal and security checks

Like medical testing, all family members over 18 undergo criminal and security background checks during immigration. These checks include security risks, criminal background, and organized crime ties. A family member may be inadmissible under the IRPA’s several grounds for inadmissibility, including serious criminal convictions, terrorism, organized crime, and membership in related groups. Some specific cases.

• Serious Criminality: Convictions for serious crimes such as murder, drug trafficking, or violent assault may render a family member inadmissible under Section A40 of the IRPA.
• Security: Participation in espionage, terrorism, or acts that endanger Canadian security may result in inadmissibility under Section A41 of the IRPA.
• Organized Criminality: Any links to organized crime or membership in affiliated organizations may result in inadmissibility under Section A43 of the IRPA.

Different Responses to the Examination of Your Family Members’ Inadmissibility to Canada?

Here is a breakdown of the various responses to the investigation of your family members’ inadmissibility, organized by accompanying status.

Accompanying Family Member

Request an exemption from inadmissibility under IRPA section A25. In rare situations, the family member’s inadmissibility’s detrimental effects outweigh public health or safety considerations. Strong grounds are needed, such as a dependent child’s serious health issues or a long-term spousal relationship that would suffer if separated.

An A25 exception may be considered by the designated decision-maker reviewing your application without a formal request if the circumstances warrant it. A successful A25 exemption addresses only the accompanying family member’s inadmissibility. The necessity to admit all family members remains. The primary applicant may need an A42 exemption to proceed.

Non-Accompanying Family Members (Examined)

Your options narrow if a spouse or dependent kid is detained and deemed inadmissible. Try to help the family member evaluate before considering alternatives. If travel is prohibitive, IRCC may work with you to find other testing sites or techniques.

If the non-accompanying family member cannot be examined, you may be exempt from reviewing all family members. This is a difficult, ineffective process. Strong grounds are needed to prove the impossibility of examination and the significant anguish you would feel without the family member. (Canadian Bar Association—family inadmissibility).

Understanding the implications of suspending the examination requirement for a non-accompanying family member is crucial. You can never sponsor that family member for permanent residence again under IRPA provision R117(9)(d).

Accompanying Family (Not Examined)

If an accompanying family member missed an exam due to circumstances beyond your control, call IRCC immediately and provide precise evidence. Get IRCC to reschedule the family member’s exam right away to avoid application delays.

You should seek a qualified Regulated Canadian Immigration Consultant. They can explain your family member’s inadmissibility, investigate A25 or A42 exemptions, and guide you through the immigration process.

Can I be exempt from my family member’s inadmissibility in Canada?

In Canada, the inadmissibility of a family member might affect your admissibility, especially in immigration applications. However, under some conditions, you may be excluded from the consequences of a family member’s inadmissibility.

Humanitarian and compassionate (H&C) programs

In extraordinary circumstances, Humanitarian and Compassionate (H&C) programs may provide a ray of hope. These programs provide exemptions from certain immigration rules, notably A42 inadmissibility caused by a family member. However, these programs are intended for truly exceptional cases with compelling grounds, such as a family member facing persecution in their native country or a life-threatening medical condition that can only be treated in Canada. H&C applications have poor success rates, and the process can be time-consuming and difficult.

Temporary Resident Permit

In certain circumstances, a Temporary Resident Permit (TRP) may be a temporary remedy for an inadmissible family member. TRPs are temporary visas that allow someone to stay in Canada for a limited time, usually a year, with the option of renewing. While not a permanent solution, a TRP may allow your family member to be physically present in Canada while you investigate options such as A25 or H&C applications or pursue permanent residence through other immigration channels for which they may qualify independently.

Criminal Rehabilitation Application

If a family member’s inadmissibility is due to a criminal offence, filing a Criminal Rehabilitation application may be a possibility. Individuals who have been convicted of certain crimes outside of Canada can seek a certificate indicating that they have been rehabilitated and may be eligible. Eligibility and processing dates vary according to the gravity of the crime, the time since the offence, and any rehabilitation efforts made.

Legal Opinion Letter

In exceptional situations, your Canadian immigration lawyer or RCIC may recommend a Legal Opinion Letter from another immigration law expert. This letter would analyse your case legally and support your application to overturn inadmissibility.

A Canadian immigration lawyer or RCIC is suggested for family inadmissibility cases. Immigration professionals can investigate your family member’s inadmissibility and advise you on the next steps. You can also get help assembling documentation and making a strong case to overcome inadmissibility.

Now that you know how your family can make you inadmissible to Canada, you can apply for an RCIC admission exemption.

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