Canada’s immigration policies focus on reuniting families while maintaining the safety, security, and health of the public. This means that if any of your relatives are considered inadmissible, it could impact your application—even if they’re not applying with you. Medical checks and background screenings for your family members can reveal issues such as health concerns or security risks that might lead to their inadmissibility. Fortunately, there are strategies to address and potentially overcome your family member’s inadmissibility.
Wondering if your family’s status could affect your admissibility to Canada? Our comprehensive guide explains the various ways family members can influence your eligibility to enter the country.
How Could Family Members Affect My Admissibility to Canada?
Even if your family members are not applying for permanent residency in Canada with you, their inadmissibility can still influence your application. Below is a detailed explanation of how your family’s medical exams and criminal or security checks can impact your admissibility.
Medical Examinations
Family members aged 18 or older, applying for permanent residency in Canada, are required to undergo medical examinations conducted by physicians approved by Immigration, Refugees and Citizenship Canada (IRCC). These medical exams screen for severe health conditions that could potentially overburden Canada’s healthcare system. Common conditions that may result in inadmissibility include chronic diseases requiring extensive and costly treatment, certain infectious diseases, and severe mental health issues.
If a family member fails the medical exam and is likely to cause excessive demand on Canada’s healthcare resources, they are deemed inadmissible under Section A38(1) of the Immigration and Refugee Protection Act (IRPA). This determination can affect your status as the principal applicant through the “family inadmissibility” provision outlined in Section A42 of the IRPA.
Learn more about the three medical reasons that might lead to being denied entry to Canada.
Criminal and Security Checks
Similar to medical examinations, all family members over the age of 18 are subject to criminal and security checks during the immigration process. These checks look into potential security risks, criminal histories, and any connections to organized crime. Serious criminal convictions, involvement in terrorist activities or espionage, or membership in organizations associated with these activities can lead to inadmissibility under various grounds outlined in the IRPA. Here are some specific examples:
- Serious Criminality: Convictions for major crimes such as murder, drug trafficking, or violent assault can render a family member inadmissible under Section A40 of the IRPA.
- Security Threats: Activities related to terrorism, espionage, or any actions threatening Canada’s security can cause inadmissibility under Section A41 of the IRPA.
- Organized Crime: Any associations with organized crime groups or membership in related organizations can result in inadmissibility under Section A43 of the IRPA.
Find out about the five crimes that can make you inadmissible to Canada.
What Can You Do If Your Family Member is Found Inadmissible to Canada?
Here are some ways to respond if your family members’ inadmissibility is being examined, depending on whether they are accompanying you.
Accompanying Family Members
Under Section A25 of the IRPA, you can request an exemption from the inadmissibility ruling. This exemption may be granted in extraordinary circumstances where the consequences of the family member’s inadmissibility outweigh public health or safety concerns. Compelling reasons, such as severe health issues in a dependent child or a long-term spousal relationship where separation would cause significant hardship, are required.
The decision-maker reviewing your application might also consider an A25 exemption independently if they believe it’s justified by the circumstances. Keep in mind that an A25 exemption addresses the specific inadmissibility of the accompanying family member but does not remove the general requirement for all family members to be admissible. A separate A42 exemption might still be necessary for you, the principal applicant, to proceed.
Non-Accompanying Family Members (Examined)
If a non-accompanying family member, such as a spouse or dependent child living abroad, is examined and found inadmissible, your options may be more limited. Before exploring alternative solutions, ensure you have taken all necessary steps to facilitate the family member’s examination, including coordinating with IRCC to find alternative locations or procedures if travel poses a challenge.
If the non-accompanying family member is unable to be examined, you might qualify for an exemption from the requirement that all family members be examined. This is a complex process with a low success rate, requiring strong justifications for why the examination was not possible and the significant hardship you would face if separated from your family member.
Understanding the implications of waiving the examination requirement for a non-accompanying family member is crucial. Doing so means you will be permanently unable to sponsor that specific family member for permanent residency in the future, as stated in Section R117(9)(d) of the IRPA.
Accompanying Family (Non-Examined)
If an accompanying family member missed their medical examination due to circumstances beyond your control, promptly notify IRCC and provide detailed documentation explaining the situation. Work with IRCC to arrange a new examination date for the family member to avoid delays in processing your application.
Consulting with a licensed Regulated Canadian Immigration Consultant (RCIC) is highly advisable. They can help you understand the reasons behind your family member’s inadmissibility, explore possible solutions like A25 or A42 exemptions, and guide you through the entire immigration process.
Can I Be Exempted From My Family Member’s Inadmissibility?
In Canada, the inadmissibility of your family member can influence your admissibility, especially when it comes to immigration applications. However, there are certain circumstances under which you might be exempted from the effects of a family member’s inadmissibility.
Humanitarian and Compassionate (H&C) Programs
In rare cases, Humanitarian and Compassionate (H&C) programs can provide exemptions from specific immigration requirements, including A42 inadmissibility resulting from a family member’s situation. These programs are designed for truly exceptional cases, where strong reasons are presented, such as a family member facing persecution in their home country or a life-threatening medical condition that can only be treated in Canada. However, success rates for H&C applications are generally low, and the process can be complex and time-consuming.
Temporary Resident Permit
In some scenarios, a Temporary Resident Permit (TRP) might be a viable temporary solution for an inadmissible family member. TRPs are short-term visas allowing individuals to stay in Canada for a specified period, typically one year, with the possibility of renewal. Although not a permanent solution, a TRP can allow your family member to remain in Canada while you consider options like A25 or H&C applications or pursue permanent residency through other eligible immigration pathways.
Learn about the three ways to obtain a Canadian Temporary Resident Permit.
Criminal Rehabilitation Application
If your family member’s inadmissibility is due to a criminal conviction, a Criminal Rehabilitation application could be an option. This application allows individuals convicted of certain crimes outside Canada to apply for a certificate indicating they are rehabilitated and may be considered admissible. Eligibility and processing times vary based on the severity of the offense, the time elapsed since the crime, and any rehabilitation efforts made.
Legal Opinion Letter
In certain cases, your Canadian immigration lawyer or RCIC might suggest obtaining a Legal Opinion Letter from another lawyer who specializes in immigration law. This letter provides a legal analysis of your situation and supports your arguments for overcoming inadmissibility.
It’s strongly recommended to consult with a licensed Canadian immigration lawyer or RCIC when dealing with family inadmissibility issues. An immigration professional can help analyze the reasons for your family member’s inadmissibility, advise on the most appropriate course of action, assist in gathering the necessary documentation, and prepare a compelling case to overcome inadmissibility.
Now that you have a clearer understanding of how your family members could affect your admissibility to Canada, you can start exploring the possibility of an exemption with the help of an RCIC.
FAQs
What if My Family Member Was Previously Denied Entry to Canada?
A previous denial does not automatically make them inadmissible, but it may raise concerns for immigration officers. Be prepared to explain the reasons for the past refusal and demonstrate how they have been resolved.
How Can I Mitigate Concerns About a Family Member’s Impact on My Application?
Provide essential private medical insurance documentation and evidence of sufficient financial resources to support your family member, alleviating any potential burden on Canada’s healthcare system.
Can a Family Member’s Financial Situation Impact My Application?
While not directly a factor of inadmissibility, a family member’s financial dependence on you might raise questions about your ability to support them. You can address these concerns by submitting proof of your financial stability and resources.
