Canada has ended a public policy that allowed certain previously undeclared or unexamined family members of eligible refugees and protected persons to be sponsored despite the exclusion rules in the Immigration and Refugee Protection Regulations.
The policy ended on September 10, 2026. Immigration, Refugees and Citizenship Canada says applications received between May 31, 2019 and September 10, 2026 that meet the applicable requirements will continue to be processed under the policy.
What Changed for Excluded Family Members?
The public policy provided an exemption from paragraphs 117(9)(d) and 125(1)(d) of Canada’s immigration regulations for certain eligible family members.
Those provisions can prevent a person from being sponsored through the Family Class when they were a non-accompanying family member who was not examined when the sponsor applied for permanent residence.
IRCC explains that applicants for permanent residence are generally required to declare their spouse, common-law partner and dependent children, even when those family members are not accompanying them to Canada.
In most cases, those family members must also be examined.
The public policy created an exception for certain sponsors and family members who met specific conditions.
When Did the Excluded Family Member Policy End?
IRCC’s archived public policy states that the latest version took effect on September 10, 2023 and ended on September 10, 2026.
IRCC has now archived the policy and confirmed that it has ended.
Applications received between May 31, 2019 and September 10, 2026 that were eligible under the policy continue to be processed according to its provisions.
This means the end of the policy does not automatically terminate every application that was submitted while the policy was in effect.
Who was Covered by the Public Policy?
The policy applied only to people meeting specific conditions.
The sponsored family member generally needed to apply as a spouse, common-law partner, conjugal partner or dependent child under the Family Class or the Spouse or Common-Law Partner in Canada Class.
The sponsor also needed to have obtained permanent residence through one of the qualifying circumstances, including:
- As a Convention refugee or person in similar circumstances
- After being recognized as a protected person
- As a sponsored spouse, common-law partner, conjugal partner or dependent child
- As a sponsored spouse or common-law partner under the Spouse or Common-Law Partner in Canada Class
There was another important condition.
If the family member had been declared and examined when the sponsor immigrated, that family member could not have made the sponsor ineligible for permanent residence in the class through which the sponsor immigrated.
Why Does Paragraph 117(9)(d) Matter?
Paragraph 117(9)(d) addresses situations where a family member was not examined when the sponsor became a permanent resident.
Under the regulation, a foreign national is not considered a member of the Family Class through their relationship to the sponsor if the sponsor previously became a permanent resident and the family member was a non-accompanying family member who was not examined.
This can create a significant barrier to later family sponsorship.
The public policy provided an exemption for qualifying cases rather than removing the regulation itself.
Source: Canada Ends Public Policy for Certain Excluded Family Members
The Policy Was Introduced in 2019
The excluded family member pilot began in September 2019.
IRCC’s policy documents explain that the measure was designed to address concerns about the impact of the lifetime sponsorship bar on vulnerable refugee families while limiting program-integrity risks.
The policy was subsequently renewed, including a three-year extension that ran from September 10, 2023 to September 10, 2026.
The latest policy has now expired.
Canadian Council for Refugees calls for renewal
The Canadian Council for Refugees (CCR) has criticized the end of the policy.
In a September 11, 2026 letter to Immigration Minister Lena Metlege Diab, the organization urged the government to temporarily renew the policy while developing a longer-term legislative solution.
The CCR argues that ending the exemption could make family reunification more difficult for certain refugees and protected persons affected by the excluded-family-member rules.
The organization specifically highlighted Government Assisted Refugees and separated children and argued that humanitarian and compassionate applications can be difficult and costly for affected families.
These are the CCR’s positions and recommendations, not findings announced by IRCC.
What IRCC’s Policy Says About Humanitarian and Compassionate Applications
The end of the public policy does not mean humanitarian and compassionate considerations disappear from Canada’s immigration framework.
IRCC’s historical guidance explains that humanitarian and compassionate considerations can be used in appropriate cases to overcome certain immigration requirements, including issues involving excluded family members.
However, whether H&C considerations can provide relief depends on the facts and circumstances of an individual case.
Applicants should therefore not assume that an H&C application will produce the same result as the former public policy.
Why Applicants Should Distinguish the Policy From the Regulation
The September 2026 change is important because the public policy and the underlying regulation are not the same thing.
The public policy provided an exemption for eligible cases.
Paragraph 117(9)(d) remains part of the regulatory framework.
Therefore, the expiry of the public policy does not mean that the underlying regulation itself was repealed.
For families affected by an excluded-family-member issue, identifying exactly how and when the family member was declared, examined and included in the original immigration application can be important.
What Happens to Applications Submitted Before the Policy Ended?
IRCC states that it will continue applying the public policy to eligible applications received between May 31, 2019 and September 10, 2026.
This provides an important transition point for people who submitted applications while the policy was in effect.
The existence of a submission before the deadline does not by itself guarantee approval. Applicants still need to satisfy the policy’s eligibility conditions and other applicable admissibility requirements.
What Should Affected Families Do Now?
Families affected by paragraph 117(9)(d) should first establish whether their situation falls within the former public policy and whether an application was received before the September 10 deadline.
They should keep documentation showing:
- The sponsor’s original permanent residence application
- Family members declared at that time
- Whether each family member was examined
- The sponsor’s immigration category
- The relationship between the sponsor and the excluded family member
- Any previous sponsorship or immigration applications
Where the former policy no longer applies, families should obtain case-specific advice about available legal or immigration options.
The appropriate option can depend heavily on the individual facts.
What This Means for Family Reunification
The expiry of the excluded family member public policy changes the options available to some families affected by the regulation.
However, it does not change the requirement that applicants must disclose family members in permanent residence applications.
People applying for Canadian immigration should provide complete and accurate family information and ensure that family members are examined where required.
This is particularly important because failing to properly declare family members can have long-term consequences.
Canada’s public policy for certain excluded family members ended on September 10, 2026.
IRCC has confirmed that eligible applications received between May 31, 2019 and September 10, 2026 will continue to be processed under the policy. For new situations arising after the policy ended, paragraph 117(9)(d) and other applicable immigration rules remain relevant.
The Canadian Council for Refugees has called for the policy to be renewed temporarily and for a longer-term solution, particularly for vulnerable refugee families. That request represents the organization’s advocacy position and does not constitute a government announcement.
Anyone affected by an excluded family member issue should review the specific history of the family member’s declaration and examination and obtain professional advice before choosing a sponsorship or humanitarian pathway.
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