The Immigration and
Refugee Protection Act (IRPA) at section 42 states that a foreign national may
be found inadmissible due to the inadmissibility of a family member (including
dependents). This can be the case even where the family member is not accompanying
the applicant to Canada in certain cases.
Section 42(1) provides that a foreign national
(other than a protected person) may be found to be inadmissible due to the
inadmissibility of an accompanying and, in some cases, a non-accompanying
family member. This is a forward-thinking approach to immigration law since
non-accompanying dependents may eventually be sponsored to Canada.
Section 42(2), however, states that the exception
for temporary residents and those applying for temporary resident status.
Inadmissibility will be the result where the family member is inadmissible on
the grounds of security (section 34), human or international rights violations
(section 35) or organized criminality (section 37). It may also be the case
where the applicant is accompanying a person who is inadmissible for those
reasons.
All family members, whether accompanying or not,
must be declared on the application. The visa officer will consider the
admissibility of dependents, including reviewing their medical and background
information. Failure to properly declare family members may also result in
problems or refusal.
Because the rules can be complex, A&M Canadian Immigration Law Corporation can assist you to ensure that you have properly
disclosed all information, reviewed any risks, and planned a strategy to
overcome any inadmissibility matters. This way, you can maximize your chances
of success and avoid an untimely and unexpected refusal of your application.
Contact us today to make your first consultation free!
