Refused even though your relationship is real? An undeclared, unexamined family member can bar a sponsorship for years. These cases are won or lost on early, precise strategy.
Few immigration problems are as quietly devastating as this one. A couple is together for years. The relationship is completely real. And yet the sponsorship is refused, or a letter arrives warning that it may be, because of something that happened long ago, in a different application, that no one flagged at the time.
Under the Immigration and Refugee Protection Regulations, if a family member was not declared and examined at the time the sponsor became a permanent resident, that person can later be excluded from being sponsored, under paragraph R117(9)(d) for the overseas family class, and R125(1)(d) for the spouse or common-law partner in Canada class. It does not matter that your relationship is genuine. It does not matter that the omission was years ago, or that no one explained its consequences. The bar is frequently treated as long-term, and in practice often permanent.
There are narrow exceptions written into the Regulations, and in some circumstances discretionary avenues may exist. But whether any of them is open to you depends entirely on the precise facts of how and why the person was not examined, and how matters were handled in the sponsor’s original application. The analysis is technical, the exceptions are easy to misread, and a poorly judged response can not only fail, it can raise a misrepresentation concern that makes everything worse.
This is the kind of file where the difference between the right strategy and a well-meaning guess is the difference between a family reunited and a bar that follows you for years.
We assess, quickly and honestly, whether an exception or a discretionary path realistically applies to your situation, and we build the response or the application accordingly. We act on refusals, procedural fairness letters, and the appeals and judicial review that may follow. What we offer is not a promise. It is a clear, professional reading of whether there is a lawful way forward, and if there is, the experience to pursue it properly.
This page is general legal information and is not legal advice. Every case turns on its own facts, and outcomes cannot be guaranteed. For your own situation, please book a consultation.
Immigration, family, corporate or cross-border. We will tell you honestly what can be done, and what cannot.
Book a Consultation关系明明真实，却被拒？一位未申报、未受检的家庭成员，可能让一份担保被禁多年。这类案件的成败，取决于尽早且精准的策略。
在所有移民难题里，很少有哪一种像它这样，安静却毁灭性。一对伴侣在一起多年，关系完全真实，担保却被拒，或收到警告信说可能被拒，原因是很久以前、在另一份申请里、当时没有人指出的一件事。
根据《移民与难民保护条例》，如果担保人在成为永久居民时，某位家庭成员未被申报、未经审查，那么这位家庭成员日后可能被排除在担保之外：境外家庭类别适用 R117(9)(d)，境内配偶或同居伴侣类别适用 R125(1)(d)。你们关系是否真实，无关紧要；疏漏发生在多年以前、当时没人解释过后果，也无关紧要。这项禁止常被视为长期性，实务中往往是永久的。
条例里确实写有一些很窄的例外，某些情形下也可能存在裁量性的途径。但其中任何一条是否对你开放，完全取决于"那位家庭成员当年为何未受检、以及担保人原申请是如何处理的"这些精确事实。分析具有技术性，例外极易被误读，而一个判断失当的回复不仅可能失败，还可能引出误导性陈述(misrepresentation)的疑虑，令一切雪上加霜。
在这类案件里，"正确的策略"与"善意的猜测"之间的差别，就是"一家团聚"与"多年禁止如影随形"之间的差别。
我们会迅速而坦诚地评估：某项例外或裁量途径，是否现实地适用于你的情况；并据此搭建回复或申请。我们办理拒签、程序公正信，以及其后可能的上诉与司法复议。我们提供的不是承诺，而是一份清晰、专业的判断：是否存在一条合法的出路；若有，则以足够的经验把它走对。
本页为一般法律信息，不构成法律意见。每个案件都取决于自身事实，结果无法保证。针对您的具体情况，请预约咨询。