If you did not declare your spouse, partner, or child when you became a permanent resident, you may be barred from sponsoring them later. But that is not always the final word — a humanitarian and compassionate (H&C) application can open a path forward.
What is an “excluded” spouse or partner?
Under paragraph 117(9)(d) of the Immigration and Refugee Protection Regulations, a spouse, partner, or child who was not examined (declared) at the time you immigrated is excluded from the family class — which normally means they cannot be sponsored. This often affects people who were married or had a child before immigrating but did not disclose the relationship, whether by mistake, bad advice, or fear.
How humanitarian and compassionate grounds can help
Even where the exclusion applies, an application on humanitarian and compassionate (H&C) grounds can ask for an exemption. H&C decisions weigh factors such as the best interests of any children, the genuineness and length of your relationship, the hardship of continued separation, and your establishment in Canada. A well-built H&C application can overcome the exclusion where the equities are strong.
Why these cases need care
Excluded-spouse cases are technical and evidence-heavy. The reason for non-disclosure, the strength of the relationship, and the H&C factors must all be presented clearly and persuasively. A weak application can be refused — and refusals in this area are difficult to undo.
How we help
We assess whether the exclusion truly applies, build the strongest possible H&C case, gather the right evidence, and — where a refusal has already happened — advise on reconsideration or judicial review at the Federal Court.
Talk to us early
The sooner we understand your history, the stronger your application will be. If your spouse or partner may have been excluded, contact us for a consultation — or call (613) 691-8506.