Canada’s immigration system provides a range of pathways designed to welcome and integrate individuals and families into its thriving communities. Whether applying under economic, humanitarian, or family reunification programs, applicants are often required to declare their family members. Understanding who qualifies as an accompanying family member versus a non-accompanying family member is critical, not only for achieving permanent residency but also for future sponsorship opportunities.
Keep reading this guide to learn all about the legal definitions, implications, and strategic importance of declaring accompanying and non-accompanying family members.
What Defines a Family Member in Canadian Immigration?
In Canadian immigration, the term “family member” refers to individuals who are directly related to the principal applicant and who may or may not be included in their immigration application. According to immigration regulations, family members include:
- Spouse or common-law partner
- Dependent children (biological or adopted)
- Dependent children of dependent children (grandchildren)
For Canadian immigration purposes, a dependent child is generally defined as someone under 22 who isn’t married or in a common-law relationship. Children 22 and older may qualify if they’ve been financially dependent on their parents since before turning 22 and cannot support themselves due to a physical or mental condition.
In certain family sponsorship programs, like those used to sponsor parents and grandparents, the scope of “family” may be broader, but under economic classes and most other categories, it is limited to the core family unit.
Whether a family member is listed as an accompanying family member or a non-accompanying family member will significantly influence the application and any future sponsorship possibilities.
Understanding Accompanying Family Members
An accompanying family member is someone who is included in the principal applicant’s immigration application and intends to immigrate to Canada at the same time. For example, if an individual is applying through the Express Entry system and includes their spouse and children in the application, these individuals are considered accompanying family members.
To qualify as an accompanying family member, the individual must:
- Be declared in the application
- Be medically examined.
- Undergo security and background checks.
- Be admissible to Canada.
Including accompanying family members is important because it allows the entire family unit to gain permanent residence together. Once granted, accompanying family members receive the same status as the principal applicant.
Accompanying family members are also considered when calculating the Comprehensive Ranking System (CRS) score in the Express Entry pool. For instance, a spouse’s language skills and education can affect the applicant’s score, which may influence the overall outcome of the application.
Understanding Non-Accompanying Family Members
Non-Accompanying Family Members are individuals related to the principal applicant who do not intend to accompany their family member to Canada at the same time. These family members must still be declared in the application and undergo mandatory medical and background checks.
They include:
- Spouses or partners who choose to remain in the home country.
- Dependent children who are not immigrating immediately.
Even though they are not joining the principal applicant at the time of immigration, non-accompanying family members must be fully disclosed. Plus, every family member, whether joining the applicant in Canada or not, must undergo medical and criminal background checks to ensure admissibility. This is crucial because any family member deemed inadmissible could jeopardize the principal applicant’s entire immigration case.
Accompanying vs. Non-Accompanying: Key Differences
The distinction between accompanying family members and non-accompanying family members goes beyond timing. It also affects:
- Intent to Travel: Accompanying family members plan to move to Canada with the principal applicant, while non-accompanying family members do not.
- Impact on Application: Both accompanying and non-accompanying family members require medical and criminal checks and can impact the principal applicant’s application. However, accompanying family members has a more direct impact on things like express entry scoring.
- Future Sponsorship: Declaring non-accompanying family members—those who do not initially intend to accompany their family member—is essential for potential future sponsorship.
Understanding and accurately declaring the family member’s status is crucial for the long-term success of the immigration plan.
Eligibility Rules for Accompanying and Non-Accompanying Family Members
To be included as an accompanying or non-accompanying family member, the following criteria typically apply:
- Must be related as defined under Canadian immigration law.
- For spouses/partners, you must prove a genuine relationship.
- For children must be under 22 and unmarried (unless exceptions apply).
- Must undergo a medical exam and background check.
How Does A Family Member’s Status Impact Permanent Residency and Citizenship?
Accompanying family members receive permanent resident (PR) status simultaneously with the principal applicant. They begin accruing the residency days needed for Canadian citizenship immediately for days spent in Canada.
In contrast, non-accompanying family members must wait for a future sponsorship application, which may take years. During that time, they do not benefit from PR or accumulate time toward citizenship. This delay can also affect their integration, education, and employment prospects.
The Express Entry system ranks candidates based on the CRS score, which considers age, education, language skills, and accompanying family member information. Including a spouse or partner as an accompanying family member may improve or lower your score depending on their profile.
Applicants who work with an experienced immigration lawyer in Canada to assess whether including or excluding a spouse will improve their chances of receiving an Invitation to Apply (ITA).
Moreover, including all eligible family members upfront reduces long-term processing times and prevents future legal complications.
Common Mistakes When Declaring Family Members
Declaring family members accurately during immigration applications is crucial, yet several common errors can lead to severe repercussions. Understanding these pitfalls is vital for ensuring a smooth and successful process.
- Failure to declare: Omitting a non-accompanying family member leads to a lifetime ban on sponsoring that person.
- Assuming Non-Accompanying Members Don’t Need Medical Exams: In reality, they are often required to undergo these exams, and overlooking this step can cause application delays or rejections.
- Incorrect Documentation: Whether you aim to sponsor a sibling to Canada or apply under other immigration streams, missing proof of relationship or filling out forms incorrectly can significantly delay processing or even void the application altogether.
- Assuming You Can Add Family Members Later Without Consequences: This assumption can lead to complications, as immigration regulations often require all family members to be declared at the initial application stage.
These common mistakes highlight the importance of meticulous attention to detail and a thorough understanding of immigration requirements. Seeking professional legal guidance can prevent these errors, ensuring a smoother and more successful immigration journey.
And when it comes to finding reliable professional guidance, Chaudhary Law is the name you must trust.
Disclosure Obligations for Non-Accompanying Dependents
Principal applicants must declare all dependent children and spouses, even if they will not immigrate at the same time. This is a legal obligation under Canadian immigration law. Nondisclosure is considered misrepresentation, which can result in application refusal or revocation of permanent residency.
Working with a qualified Immigration Lawyer in Canada can help ensure you meet all disclosure obligations.
Processing Times and Fees: Comparing Accompanying vs. Non-Accompanying
Processing times for accompanying family members align with the principal applicant’s timeline. Fees include:
- The processing fee for a principal applicant is $1,810 CAD.
- Adding a spouse, common-law partner, or conjugal partner to the application incurs an additional fee of $950 CAD.
- Each dependent child under the age of 22, or a dependent over 22 who is unable to support themselves due to a physical or mental condition, adds $260 CAD to the total processing fee.
Non-accompanying family members are processed separately, often through future sponsorship applications. These have their own fees and significantly longer timelines, especially under programs like parental sponsorships in Canada or when you sponsor a sibling to come to Canada.
Conclusion:
Understanding the power of declaring accompanying and non-accompanying family members is essential to achieving a successful immigration outcome. It impacts not only the immediate application but also long-term residency, sponsorship possibilities, and citizenship.
Ready to navigate Canadian immigration with expert guidance? Call 416-447-6118 today for trusted advice.
FAQs
Can You Change a Non-Accompanying Family Member to Accompanying?
Changing a non-accompanying family member to accompanying within an immigration application is possible, but it requires notifying immigration authorities and may involve additional processing and documentation.
Who qualifies as an accompanying family member in Canadian immigration?
Spouses, common-law partners, dependent children, and dependent grandchildren who are immigrating to Canada with the principal applicant.
What is a non-accompanying family member?
A family member who is related to the principal applicant but not immigrating at the same time. Still, they must be declared and undergo medical and security checks.
Can I sponsor a non-accompanying family member later?
Yes, but only if they were declared in the original application. Undeclared family members cannot be sponsored in the future.
What are the consequences of failing to disclose a non-accompanying family member?
Failure to disclose can lead to a finding of misrepresentation and render the family member ineligible for future sponsorship.
What happens if my non-accompanying spouse wants to join me in Canada later?
You would need to apply for spousal sponsorship. If the spouse was properly declared, this would be possible. If not, the spouse may be ineligible.
