Undeclared Family Member Sponsorship is a broad topic. Read this article on how to Sponsor your Undeclared Spouse and Children in Canada.
What is undeclared Family Members?
When someone applies for permanent residence, all their family members must be declared and for most also need to be examined. This means they must have criminal and security checks, and a medical exam. Immigration Canada need this information to make sure their family members don’t make them ineligible for permanent residence.
If an applicant for permanent residence did not provide his or her family information, those were the undeclared family members
Currently, the consequence for failing to have a non-accompanying family member examined is a lifetime bar on being able to sponsor that family member, as per paragraphs 117(9)(d) and 125(1)(d) of the Immigration and Refugee Protection Regulations (the Regulations).
These regulations were put in place to encourage full disclosure by immigration applicants, to enhance the overall integrity of Family Class immigration, and to protect the health, safety and security of Canadians.
Who is undeclared family members?
The family members who were not declared (accompanying or not) on the Permanent residence application of the applicant or before they become permanent residence.
Who is a family member?
- Spouse, common-law partner
- Dependent Child
- Dependent Child of a dependent child (grandchild)
Why is the declaration of family members necessary?
Under the Immigration and Refugee Protection Act (IRPA), all family members must be declared – there are no exceptions.
With few exceptions, all dependants must be examined as part of the process for acquiring permanent residence.
Both the principal applicant and the principal applicant’s dependents, whether accompanying or not, must meet the requirements of the legislation.
If family members were not declared they are not part of the family class. If they are not part of the family class, they will not be eligible for family sponsorship in the future.
Can I sponsor undeclared family members?
Currently, the government of Canada introduced a two-year pilot project on September 9, 2019. Under this project, if you meet specific criteria, you may sponsor your undeclared family members.
Who can sponsor undeclared family members under this pilot program?
You may sponsor undeclared family members, only if you applied for immigration to Canada under one of the following programs:
- Sponsorship for spouses or common-law partners outside Canada
- Sponsorship for spouses or common-law partners inside Canada
- Refugee claims inside Canada
- Resettlement of refugees from outside Canada
- A dependent family member of an inside Canada or Settled refugee
The Sponsor must also meet the other requirements to be sponsor
- be 18 years of age or older.
- be a Canadian citizen, registered Indian or permanent resident.
- live in Canada.
- sign an undertaking promising to provide for the basic requirements of the person being sponsored.
Who is not eligible for the pilot project?
You may not sponsor any of the following undeclared family members under this pilot program:
- Economic: Category such as
- Federal skilled workers (FWS)
- Canadian experience class (CEC)
- Federal Skilled Trades (FST)
- Start-up business class
- Self-employed person class
- Quebec Economic Classes
- Provincial nominees
- Atlantic Immigration Pilot Programs
- Caregivers classes
- Rural and Northern Immigration Pilot Program
- Agri-Food Pilot (AFP)
- after being sponsored in the family class other than as a spouse, partner or child (for example, parent/grandparent and their dependents, other relatives)
- in the permit holder class
- as an applicant in Canada based on humanitarian and compassionate grounds
- The family member could make you inadmissible to Canada when you initially immigrated to Canada; or
- You didn’t declare the family member because their declaration disqualified you to immigrate to Canada.
What if I do not qualify to sponsor undeclared family members under this pilot program?
If you do not qualify for the pilot project, you could still apply under Humanitarian and Compassionate (H&C) considerations under Article 25 and Article 25 (1).
This application provides the flexibility to grant permanent residence status or a permanent resident visa to certain foreign nationals who would otherwise not qualify in any class, in cases in which there are compelling H&C grounds.
When submitting an H&C application, the applicant should justify and provide supporting documents as to why the application should be processed with H&C consideration.
There is a way for undeclared family member sponsorship. Each case is unique, and applicants should carefully examine and prepare their application.
With this type of immigration application, you should consider asking for professional assistance who has knowledge and success application for undeclared family members sponsorship.
At ImmigCanada we have a lot of successful applications under undeclared family members sponsorship and all of them are already reunited here in Canada.
Learn More about How to Immigrate Spousal and Children Sponsorship