Canadian Immigration Lawyer | Vancouver, British Columbia | YA Law Corporation
One of the most serious mistakes an applicant can make during the Canadian immigration process is failing to declare a spouse, common-law partner, or dependent child before becoming a permanent resident. Many individuals mistakenly believe that if their spouse or child is not accompanying them to Canada, they do not need to disclose them. Canadian immigration law says otherwise.
A recent Federal Court decision serves as an important reminder that an “honest mistake” may not be enough to overcome the legal consequences of failing to declare a family member.
The Legal Duty to Declare Family Members
Under the Immigration and Refugee Protection Act (IRPA), every applicant has a legal obligation to answer all questions truthfully and provide complete, accurate, and up-to-date information throughout the immigration process.
Applicants must declare all family members, including:
- A spouse;
- A common-law partner;
- All dependent children; and
- Dependent children of those dependent children,
whether they are accompanying the applicant to Canada or not.
In most cases, non-accompanying family members must also undergo medical, criminality, and security examinations before permanent residence can be granted.
Failure to disclose a family member may have permanent immigration consequences.
The Excluded Family Member Rule
Paragraph 117(9)(d) of the Immigration and Refugee Protection Regulations (IRPR) provides that a foreign national is not considered a member of the Family Class if:
- they were the sponsor’s spouse, common-law partner, or dependent child when the sponsor became a permanent resident;
- they were not declared to Canadian immigration authorities; and
- they were not examined by IRCC before the sponsor obtained permanent residence.
As a result, the undeclared family member may be permanently barred from being sponsored under the Family Class unless an exemption is granted under section 25 of the IRPA on humanitarian and compassionate (H&C) grounds.
In a recent Federal Court decision, 2026 FC 874, the Court considered whether a Canadian could sponsor his wife after failing to declare her when he became a permanent resident.
The sponsor submitted his permanent residence application while living in Cuba. Before travelling to Canada, he married his long-time partner. However, when he landed in Canada as a permanent resident, he stated that he had no dependents and did not disclose his marriage. Because his wife was never declared or examined by Canadian immigration authorities, she became an excluded family member under paragraph 117(9)(d) of the Immigration and Refugee Protection Regulations.
The sponsor later attempted to sponsor his wife. Since paragraph 117(9)(d) prevented sponsorship, they requested an exemption based on humanitarian and compassionate grounds.
They argued that:
- the sponsor made an honest mistake because he misunderstood the immigration requirements;
- they had maintained a genuine marriage for many years despite living apart;
- the sponsor frequently travelled to Cuba to maintain the relationship;
- they had suffered emotional hardship following the loss of a pregnancy; and
- economic and political conditions in Cuba made it unreasonable for the sponsor to relocate there permanently.
The visa officer refused the application. The officer concluded that the sponsor had several opportunities throughout the immigration process to disclose both the common-law relationship and the subsequent marriage. The officer was not satisfied that the omission was simply an innocent mistake and found that the humanitarian factors were not sufficient to justify exempting the applicants from paragraph 117(9)(d). The Federal Court dismissed the judicial review and upheld the officer’s decision.
1. An honest mistake may not be enough.
Even where an applicant claims they misunderstood the law, immigration officers may conclude that the omission was not innocent if the evidence shows there were multiple opportunities to disclose the relationship.
2. The officer is entitled to examine the evidence independently.
The Court held that the visa officer was not bound by an earlier Immigration Appeal Division decision concerning the sponsor’s admissibility and was entitled to conduct an independent humanitarian assessment.
3. Humanitarian and compassionate relief is discretionary.
A genuine relationship, lengthy separation, emotional hardship, or difficult country conditions do not automatically justify an exemption from paragraph 117(9)(d). Applicants must provide persuasive evidence showing why relief should be granted in their particular circumstances.
4. The integrity of Canada’s immigration system remains an important consideration.
The Court recognized that Parliament intended applicants to disclose all family members before obtaining permanent residence. Humanitarian relief is available only in exceptional cases where sufficient evidence justifies exempting an applicant from the legislation.
Why This Decision Matters
This decision highlights one of the most common errors seen in Canadian immigration applications.
Many individuals believe that if a spouse or child is not immigrating immediately, disclosure is unnecessary. Unfortunately, that misunderstanding can permanently affect future sponsorship rights.
Applicants should immediately notify IRCC if:
- they marry before becoming a permanent resident;
- they enter into a common-law relationship;
- a child is born;
- they adopt a child; or
- any family composition changes while the application is still being processed.
Failing to update IRCC before landing as a permanent resident may permanently prevent future family sponsorship.
How YA Law Corporation Can Help
To avoid costly immigration mistakes, contact YA Law Corporation for experienced legal guidance with your permanent residence and spousal sponsorship applications.
YA Law Corporation assists clients with:
- Family sponsorship applications;
- Humanitarian and Compassionate (H&C) applications;
- Applications involving excluded family members;
- Judicial Reviews before the Federal Court; and
- Complex immigration matters involving inadmissibility and family reunification.
Every case is different. Early legal advice may significantly improve your chances of success.