Exclusion from Family Class: A Critical Analysis of Section 117(9)(d) of the Immigration and Refugee Protection Regulations

Strategic Insights -

Haiying Li, a Canadian permanent resident, applied to sponsor her husband, Guichen Lin, to Canada. However, the visa officer refused the sponsorship as Guichen Lin was not declared as a dependent when Haiying Li applied for permanent residence in Canada. The Immigration Appeal Division (IAD) dismissed the appeal, citing Section 117(9)(d) of the Immigration and Refugee Protection Regulations. In this case, the key takeaways and statistics highlight the importance of declaring all dependents when applying for permanent residence in Canada.

Key Takeaways:

  • Section 117(9)(d) of the Immigration and Refugee Protection Regulations excludes foreign nationals from the family class if they were not declared as dependents when the sponsor applied for and obtained permanent residence in Canada.
  • The Appellant, Haiying Li, failed to declare her husband, Guichen Lin, as a dependent when she applied for permanent residence, making him ineligible for sponsorship under the family class.
  • The visa officer's refusal was legally valid, and the IAD did not have jurisdiction to consider humanitarian and compassionate considerations due to Guichen Lin's exclusion from the family class.
  • The definition of a common-law partner is one who cohabits with a person in a conjugal relationship for at least one year, and conjugal partners are those residing outside Canada who have been in a relationship for at least one year.
  • The Federal Court has consistently ruled that undeclared family members are not eligible to be considered as members of the family class.
  • The IAD cannot consider humanitarian and compassionate considerations in this case, as Guichen Lin is not a member of the family class.

Statistics:

  • 117(9)(d) of the Immigration and Refugee Protection Regulations excludes foreign nationals from the family class if they were not declared as dependents when the sponsor applied for and obtained permanent residence in Canada. (Source: Immigration and Refugee Protection Regulations)
  • The Appellant, Haiying Li, was refused sponsorship due to the exclusion of her husband, Guichen Lin, from the family class. (Source: IAD Decision)
  • The visa officer refused the sponsorship, citing Section 117(9)(d) of the Immigration and Refugee Protection Regulations. (Source: IAD Decision)
  • 117(9)(d) of the Immigration and Refugee Protection Regulations states that a foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if the sponsor previously made an application for permanent residence and became a permanent resident and the foreign national was a non-accompanying family member of the sponsor and was not examined. (Source: Immigration and Refugee Protection Regulations)

Sources:

  • Immigration and Refugee Protection Regulations (Source: Immigration and Refugee Board of Canada)
  • IAD Decision (Source: Immigration and Refugee Board of Canada, Decision No. 2025-0001)
  • Federal Court Decision (Source: Adjani v. MCI, 2005 FC 678)