Paragraph 117 (9)(d) of the Immigration and Refugee Protection Regulations states that a person is no longer considered to be a member of the family class, and therefore can no longer be sponsored for permanent residence, if he/she was not examined by a visa officer when his/her sponsor immigrated to Canada. Thus, if an individual applies for permanent residence and fails to disclose the existence of a spouse, common-law partner or child to Citizenship and Immigration Canada (CIC), it can lead to permanent separation of the family.
One of the main reasons that regulation 117(9)(d) exists is to prevent applicants from hiding inadmissible family members (e.g. family members who have criminality or medical issues) who would have prevented the applicant’s initial immigration to Canada and then later sponsoring the inadmissible family members under the more lenient family class sponsorship rules.
If you are stuck in such a situation, depending on individual circumstances you might be able to apply Public Policy to facilitate the immigration of certain sponsored foreign nationals excluded under paragraph 117(9)(d) or 125(1)(d) of the Immigration and Refugee Protection Regulations, Or in the alternate you may be able to make an application on humanitarian and compassionate grounds.
If you have any specific questions, please email at shivani@shivanisidhu.com
Shivani Sidhu
Immigration Lawyer T: (604) 897-3911
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