IRCC’s temporary public policy allowing certain previously undeclared family members to be sponsored ended on September 10, 2026.
Immigration, Refugees and Citizenship Canada (IRCC) has officially marked the Public Policy for Undeclared Family Members as expired. IRCC confirms that the policy ended on September 10, 2026.
The policy had provided an important exception for certain spouses, common-law partners, conjugal partners and dependent children who had not been declared or examined when their sponsor originally became a permanent resident.
What Has Changed?
When a person applies for Canadian permanent residence, they are generally required to declare all family members, even if those family members are not accompanying them to Canada. Family members must also be examined where required.
Under paragraphs 117(9)(d) and 125(1)(d) of the Immigration and Refugee Protection Regulations (IRPR), a family member who was a non-accompanying family member when the sponsor became a permanent resident and was not examined can be excluded from subsequent sponsorship.
The temporary public policy created an exemption from these provisions for certain eligible families. That exemption has now ended.
IRCC’s current instructions state that the public policy does not apply to applications submitted after September 10, 2026. With the expiry of the policy, previously undeclared family members can no longer rely on this temporary exemption from the applicable family-class exclusion rules.
What Happens to Applications Already Submitted?
Applications already submitted under the public policy are not automatically affected by its expiry.
IRCC confirms that it will continue applying the former public policy to eligible applications received between May 31, 2019 and September 10, 2026.
This means the important date is when IRCC received the sponsorship application, rather than when IRCC makes its final decision.
Who Did the Public Policy Cover?
The expired policy applied only to specific circumstances. Among other requirements, the person seeking sponsorship had to have a sponsor who originally obtained permanent residence through one of the specified categories, including as a resettled refugee or protected person, or after being sponsored as a spouse, partner or dependent child.
The policy did not protect every person who failed to declare a family member. For example, IRCC excluded circumstances where declaring the family member would have made the sponsor ineligible for permanent residence under the immigration program through which they originally immigrated.
IRCC Is Considering Regulatory Changes
Although the temporary public policy has expired, this issue may not be settled permanently.
IRCC’s current Forward Regulatory Plan states that amendments to paragraphs 117(9)(d) and 125(1)(d) are being considered. The contemplated amendments would facilitate sponsorship where the family member’s non-declaration or non-examination would not have materially affected the sponsor’s original permanent residence application.
However, IRCC states that these amendments remain in the exploratory phase, with public consultation expected when proposed amendments are eventually pre-published in the Canada Gazette, Part I.
Therefore, applicants should not assume that a future regulatory change is already in effect.
Why Declaring Family Members Remains Important
IRCC continues to instruct permanent residence applicants to declare all family members, including those who are not accompanying them to Canada.
This can include a spouse, common-law partner, dependent children and dependent children of dependent children. Failure to properly declare and, where required, have a family member examined can affect the ability to sponsor that person later.
For anyone dealing with a previously undeclared spouse or common-law partner, the circumstances of the original permanent residence application and the applicable provisions of the Regulations should be reviewed carefully before assuming that spousal sponsorship in Canada is available.
Disclaimer: This article provides general information about Canadian immigration law and procedures and is not legal advice. Immigration requirements, forms, fees, policies and processing procedures may change. The appropriate approach depends on the facts of each case. Applicants should review the current requirements published by Immigration, Refugees and Citizenship Canada and obtain professional advice where appropriate.