Exempting family member's inadmissability

[largeburittocollider]

Hello,

As I understand it, the reason one becomes inadmissible if their family member (accompanying or not) is inadmissible, is because otherwise if one gets a PR they can will be able to sponsor their family member (even if they are inadmissible). However, I came across this https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/dealing-with-inadmissibility/inadmissibility-family-members-a42.html .



So I was wondering:

1. The link mentions “ Family members who are not examined, are excluded from the family class as per R117(9)(d) and may not be sponsored at a later date (See OP2 Section 5.12).” Under what conditions is a family member exempt from an examination? (Even if this means they can’t accompany the principal applicant and aren’t allowed to be sponsored later on)
2. Assuming they are non-accompanying and we managed to find a way to get them exempt from examination, the link mentions that we can request an exemption by which only the family member become inadmissible, what are the chances of this sort of exemption being granted?
3. Assuming they are non-accompanying and examined but determined to be inadmissible the link mentions that we can request an exemption by which again only the family member become inadmissible, what are the chances of this sort of exemption being granted?

To tie things up, what is happening here is that my mom is applying for a PR but her husband is medically inadmissible, we understand why that makes her inadmissible even if he is non-accompanying (because of the backdoor mentioned above), but what if we want to forgo that backdoor all together, which seems to be possible as per above, is that possible? How so? And how likely?

Also if he is examined and found to be medically inadmissible, or not examined at all, will that affect his ability to extend his visitor visa (Considering either case: the primary applicant gets the PR or not?)


Thanks in advance

 

[scylla]

Hello,

As I understand it, the reason one becomes inadmissible if their family member (accompanying or not) is inadmissible, is because otherwise if one gets a PR they can will be able to sponsor their family member (even if they are inadmissible). However, I came across this https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/dealing-with-inadmissibility/inadmissibility-family-members-a42.html .



So I was wondering:

1. The link mentions “ Family members who are not examined, are excluded from the family class as per R117(9)(d) and may not be sponsored at a later date (See OP2 Section 5.12).” Under what conditions is a family member exempt from an examination? (Even if this means they can’t accompany the principal applicant and aren’t allowed to be sponsored later on)
2. Assuming they are non-accompanying and we managed to find a way to get them exempt from examination, the link mentions that we can request an exemption by which only the family member become inadmissible, what are the chances of this sort of exemption being granted?
3. Assuming they are non-accompanying and examined but determined to be inadmissible the link mentions that we can request an exemption by which again only the family member become inadmissible, what are the chances of this sort of exemption being granted?

To tie things up, what is happening here is that my mom is applying for a PR but her husband is medically inadmissible, we understand why that makes her inadmissible even if he is non-accompanying (because of the backdoor mentioned above), but what if we want to forgo that backdoor all together, which seems to be possible as per above, is that possible? How so? And how likely?

Also if he is examined and found to be medically inadmissible, or not examined at all, will that affect his ability to extend his visitor visa (Considering either case: the primary applicant gets the PR or not?)


Thanks in advance

The situation where a family member can sometimes be exempt is as follows: Person immigrating to Canada was previously married and had children with their former spouse. They divorce. The other spouse got full custody of the kids. Person immigrating to Canada technically must have the kids go through the medical in addition to themselves since the kids are under 22. However ex-spouse who has full custody refuses to allow the medical and the individual who is immigrating to Canada has no access to the kids due to the custody agreement. In these situations the individual immigrating to Canada can get an exemption for the kids' medicals. However that also means the individual who is immigrating to Canada can never sponsor the kids for PR in the future.

IMO there's zero chance IRCC will exempt your father from the medical examination for the application to sponsor your mother. If he doesn't take the medical or takes it and fails it, your mother will be refused as well.