5.10. Non-accompanying family members
Applicants must declare all family members when applying for a visa and must again declare all
family members, whether accompanying or not, prior to obtaining permanent resident
status. Permanent residents who did not declare all their family members on their application are
reportable under A44(1) [see also “Sponsor who may be subject to an A44(1) report” (section 10.5
below) and “Misrepresentation” (section 5.22 below)]. In addition, all family members, whether
accompanying or not, must be examined, unless the appropriate officer determines that they are
not required by the Act or the former Act to examine the family member [R117(10)]. Family
members who were not declared and examined are excluded from the family class and may not
be sponsored at a later date as per R117(9)(d) unless R117(10) applies.
Non-accompanying family members must undergo medical examinations. They must also
establish that they are not inadmissible for criminal or security reasons. If the requirement for
minimum necessary income is applicable, sponsors must demonstrate that they can support all
family members, including non-accompanying family members.
Non-accompanying family members need not be in possession of a passport or travel document.
5.11. Inadmissibility and non-accompanying family members
All family members, whether accompanying the principal applicant or not, are required to be
examined unless an officer decides otherwise. Normally, an inadmissible family member, whether
accompanying or not, would render the principal applicant inadmissible. There are, however, two
exceptions to this rule described in R23. The first is the separated spouse of the applicant and the
second is where a child of the applicant who is in the legal custody of someone other than the
applicant or an accompanying family member of the applicant, or where someone other than the
applicant or accompanying family member of the applicant is empowered to act on behalf of that
child by virtue of a court order or written agreement or by operation of law.
If an applicant’s separated spouse or their children who are in the custody of someone else are
inadmissible, their inadmissibility would not render the applicant inadmissible. Because separated
spouses can reconcile and custody arrangements for children may change, examination is
required in order to safeguard the future right to sponsor them in the family class. If these family
members are not examined, they cannot be sponsored in the family class in the future under
R117(9)(d) unless R117(10) applies.
Satisfactory documentary proof of a separation and of custody being with someone other than the
applicant is required. A separation agreement or custody papers are examples of acceptable
proof.
Officers will not issue a permanent resident visa to separated spouses, common-law partners or
children in the custody of someone else, even if they are examined. This is because separated
spouses and partners are not members of the family class as per R117(9)(c) and because
children in the custody of someone else are non-accompanying family members.
OP 2 Processing Members of the Family Class
2006-11-14 12
If these family members are genuinely unavailable or unwilling to be examined, the consequences
of not having them examined should be clearly explained to the applicant and reflected in the
CAIPS notes. Officers may wish to have applicants sign a statutory declaration indicating they
understand the consequences of failing to have the family member examined.
See also section 5.12, Exclusion from membership in the Family Class – R117(9)(d), R117(10)
and R117(11) below.
