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Inadmissible Family Member

by | Jul 10, 2021

If you are planning to immigrate to Canada as a permanent resident and you have an immediate family member who is inadmissible in Canada, perhaps because of a criminal record or medical condition, it is likely to impact your Canadian permanent residency application. 

What Is Inadmissibility?

Inadmissibility means the likelihood that the Canadian authorities will not admit you into Canada due to certain specific issues. For instance, certain medical issues may render your family member inadmissible. 

Another reason could be because of a criminal history that you or one of your immediate family members may have had. It could also be because of some past issue with Canadian immigration authorities such as misrepresentation. Ultimately, inadmissibility generally means you or your family member’s inability to be allowed into Canada because of various issues.

Who Is Your Immediate Family?

Under Canadian immigration rules, an immediate family member is a dependent child or a spouse. A dependent child is a child who is under the age of 22 for Canadian immigration purposes. A spouse can either be a common law spouse or married spouse and in some cases, a conjugal partner. A conjugal partner is a person with whom you’ve lived with for 12 months consecutively, similar to the relationship of married persons. 

In general, spouses and dependent children are your immediate family under Canadian immigration law. Hence, you will not be able to include your parents or cousins in your Canadian permanent residency application. 

Impact of A Family Member’s Inadmissibility 

If you are applying for Canadian permanent residency and you have no inadmissibility issues but your dependent does, it may impact your application. If your dependent child or spouse has a medical issue or a criminal record, it could render them inadmissible which would then mean that you will be rendered inadmissible when you apply for Canadian permanent residency.

Canadian immigration rules prevent you, the principal applicant, from becoming eligible to apply for permanent residency purely on the basis of having a dependent who is inadmissible. Therefore it is important for you to bear in mind that this is a legal requirement. Inadmissibility of an immediate family member also renders you inadmissible when applying for Canadian permanent residency. It is worth noting that this requirement specifically applies to persons wanting to apply for Canadian permanent residency. 

Temporary Residency

If you wish to immigrate to Canada as a temporary resident, either as a student or worker, the inadmissibility of your immediate family member may not necessarily render you inadmissible. Consequently, their inadmissibility will unlikely impact your application or prevent you from immigrating to Canada temporarily.  Nonetheless, when you decide to apply for Canadian permanent residency, then the inadmissibility of your immediate family member is likely to result in your being inadmissible. 

Let Us Help

Should you have any inquiries or need any professional advice concerning the inadmissibility of your family member in Canada and how it can impact your permanent residency application, please feel free to contact us. We are happy and available to provide you with the appropriate guidance you need. 

Book a call with us today!

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