Sponsor Undeclared Family Members Canada
Jenna, a Barbadian citizen, married a permanent resident of Canada six years ago. At that time, Jenna’s Canadian husband sponsored her. However, she had a two-year-old son from a previous marriage. Jenna’s ex-husband had sole custody of their son. Unfortunately, he refused to allow the child to go through the medical examination. Therefore, Jenna signed a letter to strip herself from sponsoring her child in the future. Luckily, Jenna’s ex is now willing to allow her to sponsor the child to Canada. Thus, she wonders if she could initiate the process despite being an undeclared family member.
Complexities of family relationships could affect the immigration process immensely. In fact, I have experienced such complexities a few times over the course my carrier as an immigration consultant. One of the issues is undeclared family members for sure.
Who is a family member?
A family member in the context of immigration to Canada includes any of the following:
- Spouse or common-law partner,
- children who are under 22 and not married,
- children who are 22 or over but depend on their parents because of mental or physical disabilities, or
- the dependent children of the dependent children.
Dependent children could be both biological or adopted children of the principal applicant and their spouse.
Who is an undeclared family member?
When you apply for immigration to Canada, you must mention the names and information of your dependent family members on the immigration forms. Of course, you need to present certain documents to prove the relationships as well. Some examples of the documents are passports, birth certificates, marriage deeds and passport photos. However, the process of declaration goes beyond the documents and forms. Your family members, whether accompanying you to Canada or not, must go through the medical examination and background screening. Thus, if you or they miss any of these steps, they will become undeclared family members.
Why is the declaration of family members necessary?
Under section 42 of the Immigration Act, if a family member is inadmissible to Canada, every member of that family becomes inadmissible. Also, sometimes you may lose eligibility for immigration by adding a family member to the application. Consequently, officers are sensitive toward the declaration of family members. Furthermore, paragraph 117(9)(d) of the Immigration Regulations prevents you from sponsoring undeclared family members in the future.
The pilot project to sponsor undeclared family members
The government of Canada introduced a pilot project on September 9, 2019. Under this project, if you meet specific criteria, you may sponsor your undeclared family members. However, this program will run for only two years.
The requirements to sponsor undeclared family members
You may sponsor undeclared family member, 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 a resettled refugee
Which undeclared family members you may not sponsor
You may not sponsor any of the following undeclared family members under this pilot program:
- You immigrated to Canada under any programs other than those mentioned above (e.g. Express Entry or PNP);
- 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?
If you do not qualify for the pilot project, you could still apply. However, your only chance is to ask for Humanitarian and Compassionate (H&C) considerations. Of course, you need to know the success-rate for H&C applications is low. Take this route only if you have no other choice and you have strong arguments. If you are not familiar with H&C applications, read the following article.
Do you intend to sponsor an undeclared family member?
If you intend to sponsor your undeclared family members, please fill out the following contact form.
If you wish to visit or move to Canada, please fill out our free assessment form. We will review the form for free, but we will contact you only if we find an opportunity for you. Alternatively, you may book a consultation session. Consultation sessions are not free, but you will receive formal advice from a licenced practitioner.
This article provides information of a general nature only. It may no longer be current. It does not give legal advice. Do not rely on it as legal advice or immigration advice. We cannot be held responsible for the content of these articles. If you have specific legal questions, you must consult a lawyer. If you are looking for immigration advice, book an appointment. All the characters in the articles are fictional, unless otherwise clearly stated. Any resemblance in names, dates, and places (whether individuals, regions or countries) is coincidental.
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