IRPA s.42 — Inadmissibility of Accompanying Family Member
Provides that an applicant's family member's inadmissibility can render the principal applicant inadmissible. The 'one inadmissible family member = whole family inadmissible' rule that can derail otherwise-strong PR applications when an accompanying family member has a criminal record, medical condition, or other inadmissibility ground.
What is IRPA s.42?
IRPA s.42 provides that a foreign national is inadmissible to Canada if:
- (a) An accompanying family member (or, in PR cases, a non-accompanying family member who is being examined as part of the application) is inadmissible
- (b) The applicant is the dependent child or spouse of an inadmissible foreign national
In short: if any family member is inadmissible, the whole application can fail.
What "accompanying" means
A family member is "accompanying" if they will travel with the principal applicant to Canada or be sponsored alongside. For PR applications, this typically means:
- Spouse / common-law partner included on the application
- Dependent children included on the application
- Other family members where applicable
Non-accompanying family members — the catch
For permanent residence applications, IRPA also captures non-accompanying family members under specific rules. Most commonly:
- Non-accompanying spouse / common-law partner — must still be examined for admissibility
- Non-accompanying dependent children — must still be examined and declared
This is why failing to declare a non-accompanying child is so serious: s.42 applies even though the child isn't coming.
Common s.42 fact patterns
- Family member with a serious criminal record (s.36 inadmissibility extends to principal under s.42)
- Family member with medical inadmissibility (s.38 excessive demand) — though exemptions exist for spouses, common-law partners, and dependent children for excessive demand
- Family member with security or human rights concerns (s.34, s.35, s.37)
- Family member excluded from the family class for prior misrepresentation
Exceptions
s.38 excessive demand inadmissibility does not flow to the principal applicant via s.42 for family-class spouses, common-law partners, conjugal partners, and dependent children. These categories are exempt from excessive-demand inadmissibility.
Halani's note
A thorough family-history review at intake catches s.42 issues before submission. Files where we discover late that a family member has an undisclosed criminal record routinely require restructuring — sometimes removing the family member from the application, sometimes pursuing rehabilitation in parallel.
Not sure how IRPA s.42 applies to your file?
Halani Immigration Services Inc. — Regulated Canadian Immigration Consultant (RCIC-IRB R711322). Free eligibility assessment, no obligation.
Free Eligibility Assessment →