Ineligible and Inadmissible Family Members

Last Updated on November 25, 2016

Ineligible Family Members

Situations could arise where officers, after reviewing the applications, feel that the declared spouse or declared dependent children are not members of the family class based on the provisions specified in the Immigration and Refugee Protection Regulations (IRPR). In this scenario, the officers would need to apply procedural fairness. Thus, they would need to outline their concerns to the applicant. In addition, they would need to provide a deadline to the applicant for submitting additional information about the ineligible spouse or dependent children.

If, by the deadline, the officer continues to feel that the spouse or dependent child is ineligible, the officer would need to remove the ineligible dependent. Thereafter, the officer would need to continue the assessment of the admissibility of the remaining family members. The officer would also need to send a removal letter. This letter would typically explain why the authorities will not permit the inclusion of the ineligible family member in the application. It would explain why the authorities would not be able to issue the relevant travel documents to the ineligible family member in the application too.

In case the officers are processing the family members outside Canada, the visa officer would need to inform the Case Processing Centre in Vegreville (CPC-V) about the removal of the declared dependent. If applicable, the officer would need to notify the Immigration, Refugees and Citizenship Canada (IRCC) inland office about this as well.

Situations could arise where the officers are processing the ineligible family member on the LC application or if the ineligible family member is a child on an LC2 application. In this scenario, the officers would need to disassociate this family member from the application. In addition, they would need to list the reason for this as ‘Ineligible family member’.

On occasions, the officers might find that the ineligible family member is the only applicant that the officers are processing on the LC2 application i.e. the spouse or the only child. In this case, the officers would need to set the ‘Eligibility’ activity as ‘Failed’. Thereafter, they would need to set the final disposition of the LC2 application to ‘Withdrawn’.

For more information on this, officers would need to go through Section 15 of chapter OP 2, Processing members of the family class.

Inadmissible Family Members

Situations could arise where officers, after reviewing the applications, feel that certain family members of the principal applicant are inadmissible. In this scenario, the officers would need to apply procedural fairness. Thus, they would need to outline their concerns to the applicant. In addition, they would need to provide a deadline to the applicant for submitting additional information about the possible inadmissibility.

In case the applicant provides no additional information by the stipulated deadline, the officers would need to refuse the application. The officers would need to refuse the application in case the additional information does not change the inadmissibility assessment as well. Thereafter, the officers would need to enter a final decision of ‘Refused’ on the LC2 application.

 

In case the officers are processing the family members outside Canada, the visa officer would need to inform the Case Processing Centre in Vegreville (CPC-V) about the inadmissible family member. If applicable, the officer would need to notify the Immigration, Refugees and Citizenship Canada (IRCC) inland office about this as well. The Case Processing Centre in Vegreville (CPC-V) or the Immigration, Refugees and Citizenship Canada (IRCC) inland office are always responsible for notifying the principal applicants about any inadmissible family members. Thus, they will be responsible for notifying the principal applicants about the refusal of the application as well. This is applicable even when a visa office is processing the family members.

The office processing the inadmissible family member would need to set the admissible activity as ‘Failed’ on LC applications. Thereafter, the Case Processing Centre in Vegreville (CPC-V) or the Immigration, Refugees and Citizenship Canada (IRCC) inland office (as applicable) would need to enter the final refusal decision.