Pivot Legal

Citizenship and Immigration Canada currently offers several different immigration programs, each geared towards a particular policy aim. These have widely varying requirements, whether in terms of place of application; length of processing; establishment funds; relationships to Canadian citizens and existing permanent residents, etc.

However, at their most basic, all of these programs share several common requisites and procedures, most of which are absolutely essential to the ultimate successful processing of an application. The common element that is the focus of this discussion is the disclosure of existing family members of the applicant(s) for permanent residence, and, in some cases, even the family members of their family members.

The first point that should be stressed is that every applicant must fully disclose all information requested as part of the application process - a positive obligation exists against misrepresentation of any information that they have provided. Misrepresentation of information can, in some cases, ultimately result in the loss of status for an individual, whether this be permanent residence, or, indeed, citizenship.

Without delving into the specific forms provided by Citizenship and Immigration Canada for this purpose, individuals (as of the date of this writing) are requested to provide information concerning current and former spouses/common-law partners; children (both dependent and not dependent); parents; and even siblings and half-siblings. A prospective Applicant, however, should carefully review the requirements of their particular program, as additional family member disclosure might be required by immigration (including other members of the extended family, like aunts & uncles, cousins, grandparents, etc). For some family members, particularly current spouses/common-law partners, dependent children, and other dependents, the applicant(s) must disclose the family member's details in various different forms, which require more information concerning these individuals.

It is important to emphasize that all qualifying family members MUST be disclosed in the specified forms - it does not matter whether these individuals will be accompanying the applicant(s) to Canada or not. This is the case even if these family members have stated that they will NEVER come to Canada - it is critical that their information be disclosed.

Consequences for non-disclosure vary. If discovered while the application is processing, it can result in delays, as the processing office is forced to re-assess on the basis of this new information; or, in some cases, can lead to the application being outright refused on the basis of misrepresentation.

If the non-disclosure is discovered after the application(s) have been approved and the individual achieved permanent residence, it can, as noted, result in loss of status. More commonly, however, the individual is statutorily barred from being able to sponsor any of the non-disclosed individuals. This applies even to dependent children.

If an individual is barred from sponsoring a non-disclosed family member, there may be options available, depending on the particular circumstances of the case. For example, there is some Humanitarian & Compassionate discretion to allow sponsorship that an assessing officer MAY decide to exercise, depending on the case and the specific facts of the case. However, this is by NO MEANS a guaranteed course of action - the officer retains the discretion to refuse the case on the basis of the statutory bar.

Therefore, it is both a requirement and best practice to disclose family member information at the beginning of the process, and thereby avoid as much as possible the serious risk of being barred from sponsoring a family member in the future.

Disclaimer

The information contained in this article is intended to provide general information only. It does not constitute formal legal advice or give rise to any solicitor-client relationship. The author and Pivot Legal LLP disclaim any and all liability resulting from reliance upon this general information. The author and Pivot Legal LLP strongly recommend seeking formal legal advice from a competent solicitor before acting upon any information that may appear in this article.