Can a Family Member Make You Inadmissible to Canada?

Canada emphasizes family reunification while ensuring public health, safety, and security. As a result, if any of your family members are deemed inadmissible to enter Canada, it can affect your application, even if they are not applying with you. Medical exams and criminal checks for family members can indicate their inadmissibility based on health concerns or security risks. However, there may be ways to overcome the effects of your family member's inadmissibility to Canada.

Ready to know if your family members can make you inadmissible to Canada? Then, look at our detailed guide to how you may become medically inadmissible to Canada.

How Can Family Members Make Me Inadmissible to Canada?

The inadmissibility of a family member, even if they aren't applying for Canadian permanent residence alongside you, can significantly impact your application to enter Canada. Here's a deeper look into how medical examinations and criminal/security checks for family members can affect your admissibility.

Medical Examinations

All family members aged 18 and over applying for Canadian permanent residence with you must undergo medical examinations by a panel physician approved by Immigration, Refugees and Citizenship Canada (IRCC). These medical examinations assess for severe conditions that could significantly burden Canada's healthcare system. Common conditions that might trigger inadmissibility include chronic illnesses requiring ongoing and expensive treatment, certain infectious diseases, or severe mental health issues.

If a family member fails the medical exam for Canada and is deemed likely to cause excessive demand on Canada's healthcare resources, they become inadmissible under section A38(1) of the Immigration and Refugee Protection Act (IRPA). Consequently, this inadmissibility can be transferred to you, the principal applicant, through a provision known as "family inadmissibility" under section A42 of the IRPA.

Learn more about the three medical reasons you may be denied entry to Canada.

Criminal And Security Checks

Similar to medical examinations, all family members over 18 undergo criminal and security background checks as part of the immigration process. These checks include the potential security risks, criminal records, and links to organized crime. Serious criminal convictions, involvement in terrorism or organized crime, or even membership in organizations associated with these activities can make a family member inadmissible under various grounds of inadmissibility outlined in the IRPA. Here are some specific examples.

• Serious Criminality: Convictions for severe crimes like murder, drug trafficking, or violent assault can make a family member inadmissible under Section A40 of the IRPA.
• Security: Involvement in espionage, terrorism, or activities that threaten Canadian security can lead to inadmissibility under Section A41 of the IRPA.
• Organized Criminality: Any links to organized crime or membership in associated organizations can result in inadmissibility under Section A43 of the IRPA.

Learn about the five crimes that will make you inadmissible to Canada.

Different Ways to Respond to the Examination of Your Family Members' Inadmissibility to Canada?

Here's a breakdown of the different ways to respond to the examination of your family members' inadmissibility, categorized by their accompanying status.

Accompanying Family Member

Under section A25 of the Immigration and Refugee Protection Act (IRPA), you can ask for an exemption from the inadmissibility finding. This exemption is granted in exceptional circumstances where the negative consequences of the family member's inadmissibility outweigh the public health or safety concerns. Strong justifications are required, such as severe health issues in a dependent child or a long-standing spousal relationship with significant hardship if separated.

Even without a formal request, the designated decision-maker reviewing your application might consider an A25 exemption on their initiative if they believe the circumstances warrant it. Note that a successful A25 exemption only addresses the specific inadmissibility of the accompanying family member. It does not waive the general requirement that all family members be admissible. A separate exemption under A42 might still be needed for you, the principal applicant, to proceed.

Non-Accompanying Family Member (Examined)

If a non-accompanying family member, such as a spouse or dependent child abroad, is examined and found inadmissible, your options become more limited. Before considering alternative solutions, exhausting all efforts to facilitate the family member's examination is crucial. This might involve working with IRCC to explore alternative examination locations or procedures if travel is a barrier.

If the non-accompanying family member cannot be examined, you may be eligible for an exemption from the requirement for all family members to be reviewed. This is a complex process with a low success rate. Strong justifications are needed, demonstrating the impossibility of examination and the significant hardship you would face if separated from the family member Canadian Bar Association - inadmissibility of family members.

Understanding the consequences of waiving the examination requirement for a non-accompanying family member is essential. By doing so, you are permanently barred from ever sponsoring that specific family member for permanent residence in the future under section R117(9)(d) of the IRPA.

Accompanying Family (Non-Examined)

If an accompanying family member has not undergone an examination due to circumstances beyond your control, you must immediately inform IRCC about the situation and provide detailed documentation explaining the reason for the missed exam. Work with IRCC to reschedule the examination for the family member as soon as possible to avoid delays in your application processing.

Consulting a licensed Regulated Canadian Immigration Consultant (RCIC) professional is highly recommended. They can help you understand the specific reasons behind your family member's inadmissibility, explore potential solutions like A25 or A42 exemptions, and guide you through the entire immigration process.

Can I Be Exempted From My Family Member's Inadmissibility to Canada?

In Canada, the inadmissibility of a family member can impact your admissibility, particularly in immigration applications. However, there are specific conditions under which you may be exempted from the effects of a family member's inadmissibility.

Humanitarian and Compassionate (H&C) Programs

In exceptional cases, Humanitarian and Compassionate (H&C) programs might offer a glimmer of hope. These programs allow exemptions from specific immigration requirements, potentially including A42 inadmissibility caused by a family member. However, these programs are designed for truly exceptional situations with strong justifications, such as a family member facing persecution in their home country or a life-threatening medical condition that can only be treated in Canada. Success rates for H&C applications are typically low, and the process can be lengthy and complex.

Temporary Resident Permit

In some limited situations, a Temporary Resident Permit (TRP) might be a temporary solution for an inadmissible family member. TRPs are temporary visas that allow individuals to stay in Canada for a specific period, typically one year, with the possibility of renewal. While not a permanent solution, a TRP could allow your family member to be physically present in Canada while you explore options like A25 or H&C applications or pursue permanent residence through other immigration pathways they might qualify for independently.

Learn the three ways to get a Canadian temporary resident permit.

Criminal Rehabilitation Application

If a family member's inadmissibility stems from a criminal offense, a Criminal Rehabilitation application could be an option. This application allows individuals convicted of certain crimes outside Canada to apply for a certificate that deems them rehabilitated and potentially admissible. Eligibility and processing times vary depending on the severity of the crime, time elapsed since the offense, and any rehabilitation efforts undertaken.

Legal Opinion Letter

In some situations, your Canadian immigration lawyer or RCIC might recommend obtaining a Legal Opinion Letter from another lawyer specializing in immigration law. This letter would provide a legal analysis of your problem and strengthen your application by supporting your arguments for overcoming inadmissibility.

Consulting with a licensed Canadian immigration lawyer or RCIC is highly recommended when dealing with family inadmissibility. An immigration professional can analyze the reasons behind your family member's inadmissibility and advise on the most suitable course of action. They can also help you gather relevant documentation and prepare a strong case for overcoming inadmissibility.

Now that you understand how your family members can make you inadmissible to Canada, you can begin getting an exemption for entry with the assistance of an RCIC.

FAQs

What if my Family Member Was Denied Entry to Canada in the Past?

A past denial doesn't automatically make them objectionable, but it will raise red flags for immigration officers. Be prepared to explain the reasons for the refusal and demonstrate they have been addressed.

How Can I Address Concerns About a Family Member's Potential Impact on My Application?

Provide vital private medical insurance documentation and proof 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 Affect My Application?

While not a direct inadmissibility factor, a family member's financial dependence on you might raise concerns about your ability to support them. You can demonstrate your financial stability by submitting proof of funds documentation addressing these concerns.