Excluded Family Members

Section 117(9)(d) of the Immigration and Refugee Protection Regulations imposes a lifetime bar on sponsorship of a family member, if the family member was not examined by an immigration officer when the sponsor immigrated to Canada.

Since this regulation came into effect in 2002, there have been numerous instances of family members including young children being left out of the initial application for permanent residence and then permanently excluded from the Family Class, and thus kept separated from their family members in Canada.

Although R. 117 (9)(d) affects all categories of immigrants, it has a disproportionately negative effect on refugees and vulnerable migrants who fail to disclose a family member. Their reasons for doing so include fear of endangering the family member, gender-based oppression, lack of information, and unexpected life events. The regime set out in R.117 (9)(d) is overbroad, excessive, and inflicts devastating harm on vulnerable people, especially children.

The CCR believes R.117(9)(d) violates Canada's international human rights commitments and recommends its elimination as a simple and effective way to address the problems it has created.

Join the CCR in calling on the government to repeal the excluded family member rule (Immigration and Refugee Protection Regulations 117(9)(d)).

CCR Resources on Excluded Family Members

Webinar (Feb 16, 2017) on Excluded family members: understanding the problem, finding solutions

Family reunification submission November 2016 (page 2) Nov 2016

Excluded Family Members: Brief on R. 117(9)(d) May 2016

Infographic on Excluded Family members Mar 2016

Equally Human, Equally Entitled To Rights (page 10-11) Jan 2016

Strategies for intervening in family reunification cases: Practical guide (page 4-6) Sep 2015

Families Never to be United: Excluded Family Members (R. 117(9)(d)) Apr 2008

Other Resources on Excluded Family Members

Troubling Trends in Canada's Immigration System via the Excluded Family Member Regulation: A Survey of Jurisprudence and Lawyers September 2016 Ottawa | Faculty of Law Working Paper

The Ultrahazardous Activity of Excluding Family Members in Canada's Immigration System March 2016 | Ottawa Faculty of Law Working Paper

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