Declaring your members of family on an immigration application

May 21, 2014 · 2:57 pmImmigration
Declaring your members of family on an immigration application

Very often prospective immigrants to Canada are under the impression that they can leave their children and spouses (husbands and wives) behind and later sponsor them. It is true however they must remember that omitting family members on the application (not writing down their information) will be considered as misrepresentation. You cannot later, when sponsoring your family into Canada, say that you forgot to mention them in your application at the time you were immigrating to Canada. It would not matter that you did not know immigration laws of Canada. Your family would be refused and no humanitarian ground would be applicable.

I had a case in the past when a mother was trying to sponsor her student daughter into Canada. Her immigration consultant in Ukraine suggested her to not mention her daughter at the time of the mother’s application. Later on, she tried to sponsor her and was refused as our officials did not have power to consider her daughter as a “family member class” because she did not disclose her existence initially on the application. We appealed the negative decision on humanitarian and compassionate consideration to the Immigration Appeal Division and failed. An adjudicator (judge in immigration tribunal) did not have power to allow the application just because the Immigration and Refugee Protection Act was clearly dictating that she was not a “family member”.

Why must you declare all family members — even non-accompanying ones?

You must declare every family member on your immigration application, including a spouse, partner, and all dependent children, whether or not they are coming with you. Failing to declare and have them examined can be treated as misrepresentation and can permanently prevent you from sponsoring them later.

Family memberMust be declared?Why
Accompanying dependantsYesThey are part of the application
Non-accompanying spouse/childrenYesNon-declaration can bar future sponsorship
A child born/adopted laterUpdate IRCCKeep the application accurate

Undeclared family members are a serious, avoidable error. Angelina Shuster represents clients on misrepresentation matters, and our team assists with accurate applications.

FAQ

Frequently asked questions

What happens if I do not declare a family member?

Failing to declare and have a family member examined can be treated as misrepresentation, carrying a five-year inadmissibility, and it can permanently bar you from sponsoring that person in the future. All spouses, partners, and dependent children must be declared, even if they are not coming with you.

Do I have to declare children who are not immigrating with me?

Yes. All dependent children must be declared and, in most cases, examined — even if they will not accompany you to Canada. This keeps your application accurate and preserves your ability to sponsor them later.

Official resources

External links are provided for general information only and are not legal advice.

Angelina Shuster — Licensed Paralegal, Karb Law
Written by

Angelina Shuster

Licensed Paralegal · Law Society of Ontario

Angelina Shuster is a paralegal licensed by the Law Society of Ontario with 25 years of experience in Canada. Based at Karb Law’s office in Richmond Hill, she represents clients across Ontario and in immigration matters throughout Canada, and has helped thousands of people with immigration and legal matters — refugee claims, appeals, admissibility and detention reviews before the Immigration and Refugee Board, and summary-conviction criminal matters.

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