If you fail to declare and medically examine a dependent family member on your Canadian immigration application, Regulation 117(9)(d) will impose a lifetime ban on you ever sponsoring them in the future. Always list non-accompanying dependents on your IMM 0008 form.
One of the most tragic and easily preventable disasters in Canadian immigration law involves undisclosed family members. Many newcomers arriving in Winnipeg, Edmonton, or Toronto make the innocent mistake of leaving a child or spouse off their initial immigration application because that person is not moving to Canada right now. Unfortunately, under Section 117(9)(d) of the Immigration and Refugee Protection Regulations (IRPR), if a family member is not declared and examined when you become a Permanent Resident, they are permanently excluded from the Family Class. This means you can never sponsor them.
Step-by-Step Process for Properly Declaring Dependents
Immigration, Refugees and Citizenship Canada (IRCC) enforces this rule strictly to prevent fraud and ensure that medically or criminally inadmissible individuals do not sneak into Canada later. 🔍 Here is how you must handle your application to protect your family’s future.
Step 1: Declare Everyone on the IMM 0008 Form
When you apply for Permanent Residence-whether through Express Entry, a Provincial Nominee Program, or Spousal Sponsorship-you must complete the Generic Application Form (IMM 0008). You must list your spouse, common-law partner, and all dependent children, even if you are estranged, going through a divorce, or the child lives with their other parent. There are absolutely no exceptions to this disclosure rule.
Step 2: Choose “Non-Accompanying” Status
If your family member is not moving to Canada with you, you simply check the box that says “Non-Accompanying.” 📤 This tells IRCC that you are not asking for a visa for them at this time. Declaring them as non-accompanying does not force them to move to Canada, nor does it cost you extra permanent residence fees, but it legally preserves your right to sponsor them in the future.
Step 3: Complete the Mandatory Medical Exam
This is where many applicants fail. Every declared dependent, even if they are non-accompanying, must undergo a Canadian immigration medical exam. IRCC requires this because if your dependent has a health condition that would place an excessive demand on Canada’s health services, it could make you (the principal applicant) inadmissible. You must also provide police certificates for non-accompanying dependents over the age of 18.
Step 4: Retain Proof of Disclosure
Always keep copies of your submitted forms, the medical receipts for your non-accompanying dependents, and any correspondence with IRCC. 📂 Years later, when you finally decide to sponsor your child or spouse to join you in Canada, you will need this proof to show they were properly examined during your original application.
How Much Does it Cost in Canada?
Preventing a lifetime ban does not require high government fees, but it does involve logistical costs for medical and background checks.
| Required Action | Estimated Cost (CAD) | Notes |
|---|---|---|
| Declaring on IMM 0008 | $0 | No government fee to simply list them |
| Medical Exam (Overseas) | $100 – $300 | Must be an IRCC panel physician |
| Police Clearances | $20 – $100 | For non-accompanying adults (18+) |
| Lawyer Consultation | $150 – $350 | Crucial if dealing with uncooperative ex-partners |
How Long Does the Process Take?
Arranging medical exams and police checks for family members who are not moving with you can add a few weeks to your application preparation time. ⏳ However, skipping this step to save time will result in a permanent lifetime ban under R117(9)(d). If you have already made this mistake and have become a PR, overcoming the ban requires a complex Humanitarian and Compassionate (H&C) application, which currently takes 24 to 36 months and has a very low approval rate.
Frequently Asked Questions (FAQ)
What if my ex-partner refuses to let my child get a medical exam?
If an ex-spouse actively prevents your child from attending the medical exam, you must provide extensive, documented proof of your efforts to comply (e.g., lawyer letters, court orders). IRCC may issue an exemption, but you must formally request it before your PR is approved.
I didn’t know I had a child when I applied. Am I banned?
If you truly did not know the child existed (e.g., you were not informed of a pregnancy), you might have grounds to argue against the ban. However, this requires overwhelming evidence and the expertise of a Canadian Law Firm to argue before the Federal Court.
Can Humanitarian and Compassionate (H&C) grounds fix this?
It is possible. If you are caught by R117(9)(d), your only legal remedy is generally to apply for sponsorship under H&C grounds, arguing that it is in the best interests of the child to overcome the ban. This is incredibly difficult and rarely successful without strong legal representation.
Does this rule apply if I become a Canadian citizen?
Yes. The ban originates from the moment you became a Permanent Resident. Upgrading your status to a Canadian citizen does not erase a past failure to declare and examine a dependent. The lifetime ban remains in effect.
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