In Canadian immigration law, full disclosure of your family members is critical when applying for permanent residence (PR). Under normal circumstances, failing to declare your spouse, common-law partner, or children during your own immigration process creates a lifetime sponsorship ban for those family members. This ban arises from Regulations 117(9)(d) or 125(1)(d) of the Immigration and Refugee Protection Regulations (IRPR). But thanks to a consecutive public policy extended until September 10, 2026, some individuals can now sponsor certain undeclared family members—particularly spouses, partners, and dependent children—even if they were previously barred.
This article covers why this policy exists, who’s eligible, how to apply, the step-by-step sponsorship process, common pitfalls, and why it’s often best to partner with Immigration Nation – Immigration Consultant in Edmonton for professional guidance. Whether you’re a Canadian permanent resident wishing to bring an undisclosed child or spouse to Canada, or you’re an undeclared dependent seeking clarity on next steps, read on for crucial information.
1. Introduction: Why Sponsoring Undeclared Family Members Matters
- Family Reunification: Canada’s immigration system is built on family unity. Yet, historically, individuals who did not declare family members while applying for permanent residence were barred from later sponsoring them.
- Vulnerable Populations: Undeclared spouses or children often face uncertain futures, separated from their family in Canada.
- Public Policy Relief: A special, consecutive public policy has been implemented to reduce undue hardship and allow certain sponsors to bring their previously undeclared dependent children or spouses to Canada on a one-time, time-limited basis.
By leveraging this policy, families can correct past omissions without permanently shutting the door on family class sponsorship.
2. Canada’s Lifetime Sponsorship Bar: IRPR 117(9)(d) and 125(1)(d)
Sections 117(9)(d) (Family Class) and 125(1)(d) (Spouse or Common-Law Partner in Canada Class) of the Immigration and Refugee Protection Regulations impose a ban on sponsoring family members who were:
- Non-Accompanying: Not included in the principal applicant’s original PR application, and
- Not Examined: Never subjected to medical, criminal, or security checks.
Rationale: The rule intends to prevent abuse—i.e., someone hiding ineligible family members who might otherwise jeopardize the applicant’s approval. However, these provisions can result in long-term family separation, disproportionately affecting children.
Example: A mother immigrates to Canada as a refugee but omits mentioning a dependent child, fearing it might complicate her approval. Under normal circumstances, she cannot later sponsor that child, creating a lifetime bar.
3. Consecutive Public Policy (2023–2026): A Second Chance for Families
Originally introduced in September 2019, the pilot program allowed for sponsorship of undeclared family members in limited circumstances. Extended once already, the policy was renewed again to run until September 10, 2026, reflecting the government’s intent to keep families together where possible.
Key Points of the Public Policy
- Section 25.2 of IRPA: Grants the Minister the authority to exempt individuals from certain IRPR provisions if justified by “public policy considerations.”
- Minimal Risk: IRCC officials note that undeclared family members typically don’t undermine the sponsor’s original PR eligibility, especially if they were refugees or themselves family class members.
- Targeted Purpose: The policy specifically aids those who did not list their dependent child or spouse out of fear, ignorance, or error—but who, had they been examined, would not have made the sponsor ineligible at the time.
By awarding an exemption from the ban under 117(9)(d) or 125(1)(d), IRCC ensures families can unite under specific, well-defined circumstances
4. Who Is Eligible Under the Public Policy?
To qualify, the foreign national (the undeclared family member) must meet all of these conditions:
- Relation to Sponsor: They must be the sponsor’s spouse, common-law/conjugal partner, or dependent child.
- Sponsor’s Immigration Path: The sponsor became a permanent resident
- as a Convention refugee or protected person, or
- through family sponsorship themselves (spouse, common-law partner, conjugal partner, or dependent child).
- No Impact on Sponsor’s Eligibility: If declared earlier, they wouldn’t have rendered the sponsor ineligible (e.g., they didn’t break the sponsor’s single status requirement in a program that mandated being unmarried).
- Correct Class: The foreign national applies for the Family Class (overseas) or the Spouse or Common-Law Partner in Canada Class.
- All Other Requirements: The family member meets standard eligibility and admissibility checks (criminal, medical, security, etc.).
Important: The policy does not exempt the foreign national from all requirements—only from the lifetime bar that stems from not being examined.
5. Who’s Not Eligible? Key Exclusions
You cannot sponsor undeclared family members under this public policy if:
- Sponsor’s PR Category: You (the sponsor) originally immigrated under
- any economic stream, including caregiver
- the permit holder class
- a humanitarian and compassionate grounds application in-Canada
- a different family class category (e.g., parents, grandparents)
- Relationship Made the Sponsor Ineligible: Declaring you at the time would have disqualified the sponsor’s own immigration (e.g., if the sponsor was obligated to remain single or childless for the program).
- Other Inadmissibilities: The foreign national has serious criminal convictions or other inadmissibility grounds not waived by the policy.
Example: If a sponsor landed in Canada via an economic program that required no accompanying family members, and they intentionally hid a spouse, that spouse likely remains ineligible.
6. Sponsor Requirements and Obligations
Just like standard spousal or child sponsorship applications, you must:
- Prove Legitimacy: For a spouse or common-law partner, demonstrate a genuine relationship. For a child, show they meet the IRCC definition of a dependent (under 22 years old, unmarried, financially supported by the parent).
- Undertake Financial Support: Provide for the family member’s basic needs, ensuring they won’t require social assistance. (This requirement may be mitigated in certain protected-person cases or if the sponsor is a refugee who was themselves sponsored, depending on provincial rules.)
- Confirm Residence: In most cases, you must live in Canada during the sponsorship process—unless you’re a Canadian citizen living abroad with the intention to return once your family member is approved.
- Adhere to Provincial Obligations: If you reside in Quebec, a separate undertaking with the Quebec government is mandatory.
7. Step-by-Step: How to Sponsor Your Undeclared Child or Spouse
Below is a general overview; each case can differ slightly.
Assess Eligibility
- Confirm that you meet the conditions of the public policy. Check that the family member’s addition wouldn’t have disqualified you at the time of your own PR application.
Gather Documents
- Birth certificates, proof of relationship, marriage certificates, or adoption records (if applicable).
- Proof of sponsor’s status (COPR, PR card), plus evidence of sponsor’s original immigration category (refugee/protected person, spousal sponsorship, etc.).
Complete Required Forms
- Use the standard Family Class or Inland Spouse or Common-Law Partner Class application packages. There isn’t a separate public policy application form—just a mention in the cover letter referencing the consecutive public policy.
Pay Fees
- Standard IRCC processing fees for spousal/dependent child sponsorship, plus any biometrics fees.
Submit Application to IRCC
- Provide a detailed cover letter explaining the undeclared status. Cite the public policy to highlight your eligibility for an exemption under 117(9)(d) or 125(1)(d).
Await AOR (Acknowledgement of Receipt)
- IRCC issues an AOR once they consider your application complete. At this stage, you can track progress via your online account.
Medical, Criminal, and Security Checks
- The undeclared family member must pass standard screening. A refused medical or criminal clearance can result in sponsorship denial.
Decision & Landing
- If approved from outside Canada, the family member obtains a Permanent Resident Visa. If inland, they may transition to PR status after an interview or finalization step.
8. Common Mistakes and How to Avoid Them
- Failing to Mention the Public Policy: Neglecting to reference the consecutive public policy in your application can lead to IRCC officers misunderstanding or outright refusing your case under the standard ban.
- Incomplete Documentation: Missing forms, absent marital documentation, or uncertain proof of parent-child relationships cause delays or rejections.
- Applying Under the Wrong Class: Know if you need the Family Class (overseas) or the Inland Class for spousal sponsorship.
- Overlooking Quebec Requirements: Residents of Quebec must also sign an undertaking with the Quebec government—forgetting this can stall your approval.
- Attempting to Sponsor an Otherwise Ineligible Relative: If your child is over 22 and not financially dependent, they may not qualify as a “dependent child.” Similarly, a spouse who existed at the time of your own application might have made you ineligible—leading to refusal.
9. Frequently Asked Questions (FAQ)
Q1. Is there a special application kit for sponsoring undeclared family members?
No. You use the regular Family Class or Inland Spousal Sponsorship forms. However, be sure to include a letter referencing the consecutive public policy to ensure IRCC processes you under this exemption.
Q2. Does this policy override all other sponsorship requirements?
No. The policy only exempts you from the lifetime bar under IRPR 117(9)(d) or 125(1)(d). Your family must still meet health, security, and relationship requirements.
Q3. How long will this public policy last?
It is currently set to expire on September 10, 2026, though it can be ended earlier or extended further at the Minister’s discretion.
Q4. What if my child/spouse is found inadmissible for medical or criminal reasons?
They remain inadmissible. The policy doesn’t waive medical or criminal issues, so the sponsorship would likely be refused.
Q5. Could I still face removal from Canada for not declaring my family earlier?
Generally no, as long as you obtained your own PR status legally. The government’s main concern is whether you’re now seeking to sponsor an undeclared relative. Enforcement for misrepresentation is possible if you intentionally hid info during your own PR process, but each case is reviewed individually.
Q6. Do I need an immigration consultant or lawyer?
While not mandatory, professional help ensures your application addresses the public policy thoroughly. Mistakes can be costly. Many choose a Regulated Canadian Immigration Consultant (RCIC) or lawyer to avoid errors.
Q7. Does the sponsor still have to meet income requirements?
Under normal Family Class rules, spousal and dependent children sponsorship do not have a strict Minimum Necessary Income (MNI) requirement (except for certain scenarios if the child has a dependent child of their own). For other relatives, MNI may apply, but this policy mostly targets spouses/children.
Q8. If my spouse is in Canada with no status, can they apply inland?
Potentially, yes. The policy may allow them to be sponsored under the Spouse or Common-Law Partner in Canada Class, even if they were initially undeclared. They must still meet the standard inland sponsorship criteria.
Q9. What if I was a sponsored child myself—can I sponsor my undeclared child now?
Yes, if you yourself were once sponsored as a dependent child and later discovered you had an undeclared child, the policy may let you sponsor them, provided all other conditions are met.
Q10. How can Immigration Nation – Immigration Consultant in Edmonton help?
We navigate the complexities, prepare robust applications, ensure your cover letter and forms properly reference the consecutive public policy, and help manage any IRCC clarifications or additional document requests.
10. Why Immigration Nation – Immigration Consultant in Edmonton?
- Deep Knowledge of Sponsorship Laws
- Our team stays current on policy changes—especially the consecutive public policy for undeclared family members.
- Personalized Case Strategy
- We assess your unique situation (original PR category, family relationships, documentation) to find the most efficient path forward.
- Full-Service Support
- From drafting letters referencing IRPR 117(9)(d) to preparing medical exam instructions, we handle every administrative detail.
- Trusted Network
- If complex issues arise—like potential misrepresentation or criminal inadmissibility—we can connect you to top legal experts for more specialized representation.
- Proven Track Record
- We’ve successfully guided numerous sponsors to bring their undeclared children and spouses to Canada, reuniting families once thought permanently separated.
11. Conclusion & Next Steps
Sponsoring an undeclared child or spouse is no longer an insurmountable obstacle, thanks to Canada’s consecutive public policy extended until September 10, 2026. While the bar under IRPR 117(9)(d) or 125(1)(d) remains in effect for most scenarios, the government recognizes that some individuals—particularly refugees, protected persons, or formerly sponsored spouses/children—deserve a second chance at family reunification.
Still, the application process is intricate. It demands precise documentation, clear reference to the policy, and full compliance with IRCC’s medical and security checks. That’s why it’s vital to approach your case strategically—and Immigration Nation – Immigration Consultant in Edmonton is ready to help you do exactly that.
Ready to Reunite with Your Undeclared Family Member?
Contact us at (780) 800-0113 or email [email protected]. We’ll evaluate your eligibility under the public policy, guide you through the Family Class or Spouse in Canada Class application, and maximize your chances of a smooth, positive outcome. Don’t wait—these policies can change at any time, and every delay risks further separation from your loved ones.
Disclaimer: The information provided here is general in nature and current as of 2025. Immigration policies change, and every case is unique. Consult a licensed immigration professional or refer to official IRCC sources for tailored advice on sponsoring an undeclared child or spouse.