26th August 2026BY Qasim Nihang

Sponsoring an Undeclared Family Member in Canada: The September 10, 2026 Deadline

This article is for informational purposes only and does not constitute legal advice. Every legal situation is unique — consult a licensed lawyer before making any legal decisions.

Quick Answer

Typically, you cannot sponsor a family member you did not declare when you became a permanent resident. A temporary public policy lifts that bar for some families, and IRCC accepts applications under it until September 10, 2026. It may apply if your undeclared relative is your spouse, common-law or conjugal partner, or dependent child, and you obtained permanent residence as a resettled refugee, as a protected person, or through family class or spousal sponsorship. Permanent residents who immigrated through economic programs such as Express Entry are not covered. After September 10, 2026, an application on humanitarian and compassionate grounds may be the remaining option.

A Door That Closes on September 10

Some Ontario families live with a gap they cannot close. A daughter left with grandparents during a refugee claim. A husband married weeks before a flight to Canada. A child born after a visa interview but before the sponsor landed.

In each situation, the relative was never named on the sponsor's permanent residence application. Canadian immigration rules typically treat that omission as permanent, barring the family from sponsoring that person for life.

A temporary measure has softened that rule since 2019. It does not reach every family, and it does not last much longer. Immigration, Refugees and Citizenship Canada (IRCC), the federal department responsible for immigration, accepts applications under this measure until September 10, 2026.

4Eligible sponsor pathways

4Eligible relationships

Sept 10Last day IRCC accepts applications, 2026

This article explains who the measure may cover, who falls outside it, and what may remain available afterwards. A good deal of what follows is about the limits of the relief, because learning early that you fall outside it can save months of effort.

What an Excluded Family Member Is

An excluded family member is a relative who cannot be sponsored to Canada because they were not declared and examined when their sponsor became a permanent resident. Paragraphs 117(9)(d) and 125(1)(d) of the Immigration and Refugee Protection Regulations create this bar, which typically lasts for life.

Two words carry the weight. “Declared” means the relative was listed on your permanent residence application. “Examined” means they completed the IRCC-required medical, criminal, and security checks.

You must declare every family member — your spouse, common-law partner, dependent children, and the dependent children of your dependent children — even if they are not coming to Canada with you.

The rule exists to encourage full disclosure and to let officers confirm that no family member would have made the applicant ineligible or inadmissible. Its effect on families can be severe and permanent, which is why the temporary relief described below was introduced. Our overview of family class sponsorship explains how the ordinary process works.

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Seven Years of Temporary Relief

The exemption from the lifetime sponsorship bar has always been temporary, renewed in fixed terms rather than written into the regulations.

May 31, 2019

The Minister announces the pilot. The policy applies to applications IRCC receives from this date onward.

September 9, 2019

The pilot public policy takes effect for a two-year term.

September 2021

A subsequent public policy is issued for a further two years, through the pandemic period.

September 10, 2023

The current consecutive public policy takes effect, signed by the Minister on September 1, 2023.

September 10, 2026

The consecutive public policy ends. IRCC accepts no further applications under it after this date.

The signed policy states that, as with all public policies, it may be cancelled at any time.

Source: Immigration, Refugees and Citizenship Canada, consecutive public policy under paragraph 117(9)(d) or 125(1)(d) of the Immigration and Refugee Protection Regulations, and IRCC guidance on undeclared family members. Verified August 26, 2026.
Nihang Law Professional Corporation · Law Society of Ontario. For informational purposes only; not legal advice.

Quick Start: Find Your Path

Four questions decide whether this measure may apply to you. Work through them in order.

Question one

How did you become a permanent resident?

The measure reaches four routes only: resettled refugee, protected person, sponsored family class member, or sponsored spouse or partner in Canada. Economic routes such as Express Entry fall outside it.

Question two

Who is the undeclared relative?

They must be your spouse, common-law partner, conjugal partner, or dependent child. Parents, siblings, and other relatives are not covered.

Question three

Have you already applied?

If a sponsorship application is already in process, IRCC assesses it against the policy on its own. You do not need to take a separate step.

Question four

Would declaring them have changed your own outcome?

If having that relative examined would have made you ineligible for the program you used, the measure does not apply.

If any answer places you outside the measure, skip ahead to what may remain available. If you are still preparing a permanent residence application, our guide to declaring a spouse as accompanying or non-accompanying explains that choice.

Who May Qualify and Who Falls Outside

The policy may apply if your undeclared relative is your spouse, common-law partner, conjugal partner, or dependent child, and you obtained permanent residence as a resettled refugee, a protected person, or through sponsorship as a spouse, partner, or dependent child. Other pathways are not covered.

Three conditions must all be met.

First, the relative applies in the family class or the Spouse or Common-Law Partner in Canada class, in one of those four relationships.

Second, you obtained permanent residence through one of four pathways: as a Convention refugee or a person in similar circumstances; after being determined to be a protected person; as a sponsored spouse, common-law partner, conjugal partner, or dependent child in the family class; or as a sponsored spouse or common-law partner in the Spouse or Common-Law Partner in Canada class.

Third — the condition families most often overlook — the relative must not have made you ineligible for permanent residence at the time. IRCC gives examples: someone who immigrated as a spouse while already married to or in a common-law relationship with the undeclared person; someone who came as a dependent child while already married or partnered; and someone admitted under a program requiring them to be single with no dependants.

Permanent residents who came through economic programs, including Express Entry and provincial nominee streams, are not covered, however sympathetic the circumstances.

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Which Sponsors the Policy Reaches

How the sponsor obtained permanent residence decides eligibility. All three conditions must be met.

May be covered	Falls outside
▪ Obtained permanent residence as a Convention refugee or a person in similar circumstances ▪ Obtained permanent residence after being determined to be a protected person ▪ Sponsored as a spouse, common-law partner, conjugal partner, or dependent child in the family class ▪ Sponsored as a spouse or common-law partner in the Spouse or Common-Law Partner in Canada class	▪ Economic programs, including Express Entry and provincial nominee streams ▪ Relatives other than a spouse, common-law partner, conjugal partner, or dependent child ▪ Cases where the relative, if declared and examined, would have made the sponsor ineligible for permanent residence ▪ Applications IRCC receives after September 10, 2026

The exemption releases an applicant from paragraphs 117(9)(d) and 125(1)(d) only. Medical, criminal, and security admissibility, the standard fees, and the sponsor's own eligibility all continue to apply.

Source: Immigration, Refugees and Citizenship Canada, conditions (eligibility requirements) of the consecutive public policy, and IRCC guidance on undeclared family members. Verified August 26, 2026.
Nihang Law Professional Corporation · Law Society of Ontario. For informational purposes only; not legal advice.

What This Exemption Does Not Cover

The policy exempts an applicant from paragraphs 117(9)(d) and 125(1)(d) of the Regulations, and from nothing else. Every other admissibility and eligibility requirement continues to apply, including medical, criminal, and security checks, the standard processing fees, and the sponsor's own eligibility to act as a sponsor.

An exemption can be mistaken for a clean slate. It is not. If the relative is inadmissible on health, criminality, or security grounds, the exemption does not fix that. If you do not meet the requirements to act as a sponsor, the exemption does not change it.

Raising a previously undeclared relative also touches on your own immigration history. Whether an omission amounts to misrepresentation under the Immigration and Refugee Protection Act is a fact-specific question. Our article on how misrepresentation affects an immigration application sets out the general framework. It is worth speaking to a lawyer before contacting IRCC about a relative you did not declare.

How to Apply Before the Window Closes

There is no special form or separate stream. You apply through the ordinary process to sponsor a spouse, partner, or dependent child. IRCC determines whether the public policy applies to your file while the policy is in effect. Applications received up to September 10, 2026 may be assessed under it.

1
Confirm which class your relative falls under.A spouse or partner living with you in Canada may be sponsored in the Spouse or Common-Law Partner in Canada class, while a relative abroad applies in the family class.
2
Gather relationship evidence.Marriage certificates, birth certificates, proof of a common-law relationship, and identity documents for the relative.
3
Prepare a clear explanation.Because there is no dedicated form, a cover letter explaining how the relative came to be undeclared and identifying the public policy helps the officer read the file correctly.
4
Pay the standard fees.The usual family class or in-Canada class processing fees apply.
5
Submit before September 10, 2026.The policy applies to applications IRCC receives within the window. An application received in time may be assessed under it even if the decision comes later.

The choice between applying from inside or outside Canada affects work permit access and appeal rights. Our guide to inland and outland spousal sponsorship compares the two.

One further point: the signed policy states that, as with all public policies, it may be cancelled at any time. That is a reason to file promptly rather than to wait for the deadline.

If the Deadline Passes Before You File

After September 10, 2026, an application on humanitarian and compassionate grounds under subsection 25(1) of the Immigration and Refugee Protection Act may be the remaining route. It is discretionary: the Minister may grant an exemption where satisfied that humanitarian and compassionate considerations justify it, taking into account the best interests of any child directly affected.

A humanitarian and compassionate application asks an officer to weigh the whole situation, including the length of separation, hardship, establishment in Canada, and the interests of any child affected. It is not an appeal and not a second run at the same test. Outcomes vary widely with the facts.

Appealing is often not the answer where a refusal rests on the exclusion itself. Under section 65 of the Act, the Immigration Appeal Division may not consider humanitarian and compassionate factors unless it has first decided that the person is a member of the family class. An exclusion under paragraph 117(9)(d) typically prevents that finding. Judicial review in the Federal Court may be available where an officer made a reviewable error, and our page on judicial reviews and refusals explains how that process works.

Files at this stage turn on how the original permanent residence application was assessed, which is rarely obvious from the refusal letter alone. Qasim Ali, Principal Lawyer at Nihang Law, reviews these files with the immigration team to identify which route, if any, remains open.

Common Mistakes That Can Cost Families the Window

▪Assuming the policy covers everyone. It reaches four sponsor pathways only, and economic immigrants fall outside all of them.

▪Waiting for confirmation of eligibility before filing. There is no pre-approval step. IRCC assesses eligibility when it processes the application.

▪Treating the exemption as a cure for inadmissibility. It lifts one bar and leaves every other requirement in place.

▪Contacting IRCC about an undeclared relative without advice. Explaining an omission is a sensitive step that can affect your own status. Our article on the non-accompanying spouse in Express Entry covers related risks.

▪Assuming an appeal can repair a refusal on this ground. Section 65 limits what the Immigration Appeal Division may consider.

▪Relying on outdated online sources. Some pages describe this relief as already expired, and others still show the 2023 end date. Confirm the current position on the IRCC website.

Questions Ontario Families Ask

Can I sponsor my child if I did not declare them when I became a permanent resident?

Possibly. The policy may apply if you obtained permanent residence as a resettled refugee, a protected person, or through family class or spousal sponsorship, and your child is a dependent child who would not have made you ineligible. IRCC accepts applications until September 10, 2026.

I came to Canada through Express Entry. Does this policy help me?

No. The policy reaches four sponsor pathways: resettled refugee, protected person, sponsored family class member, and sponsored spouse or partner in Canada. Express Entry and provincial nominee programs fall outside it. An application on humanitarian and compassionate grounds may be the remaining option.

What is the last day I can apply?

September 10, 2026. IRCC accepts applications under the public policy up to that date. The signed policy also states that, as with all public policies, it may be cancelled at any time, so filing early is safer than filing close to the deadline.

Do I have to fill out a special form or apply to a different program?

No. There is no separate form or stream. You apply through the ordinary process to sponsor a spouse, partner, or dependent child. IRCC determines whether the public policy applies to your file while the policy remains in effect.

Will my application still be assessed under this policy if it is submitted before the deadline but decided afterwards?

The policy applies to applications IRCC receives within the window, which runs to September 10, 2026. An application received in time may therefore be assessed under the policy even if processing continues past that date. Processing times vary by application type.

My sponsorship was already refused because I did not declare my spouse. Can I appeal?

An appeal may be filed, but its scope is limited. Under section 65 of the Immigration and Refugee Protection Act, the Immigration Appeal Division may not weigh humanitarian and compassionate factors unless it first finds the person is a family class member, which the exclusion typically prevents.

What can I do if I miss the September 10 deadline?

An application on humanitarian and compassionate grounds under subsection 25(1) of the Act may remain available. It is discretionary and fact-specific, and the best interests of any child directly affected are considered. A lawyer can assess whether it fits your circumstances.

Getting Help With a Time-Sensitive Family File

The rule is simple to state and harsh in effect: a relative you did not declare typically cannot be sponsored later. The temporary relief closes on September 10, 2026, and it reaches a narrow group of sponsors. Learning quickly whether you fall inside it matters more than rushing an application that cannot succeed.

Nihang Law is a full-service firm serving Toronto, Scarborough, and the wider GTA, with a practice built around newcomer families. The immigration team can review how you obtained permanent residence and explain plainly which options may be open to you.

Have your situation reviewed before the window closes

A short conversation can confirm whether the public policy reaches your family, and what may remain available if it does not.

Contact Nihang Law

This article is for informational purposes only and does not constitute legal advice. Every legal situation is unique — consult a licensed lawyer before making any legal decisions. Nihang Law Professional Corporation is regulated by the Law Society of Ontario.

About the author

Qasim Ali

Principal Lawyer · Nihang Law Professional Corporation · Toronto & Scarborough, Ontario · Law Society of Ontario

Qasim Ali is the Principal Lawyer at Nihang Law Professional Corporation, serving clients across Toronto, Scarborough, and the broader Greater Toronto Area. He provides full-service legal representation across immigration, real estate, family law, criminal law, civil litigation, employment law, wills and estates, and business law.

Nihang Law is particularly recognized for its depth in immigration and real estate law — a combination that serves newcomers and growing families navigating both legal systems simultaneously.

Learn more about Qasim Ali →

Sources & References

Consecutive public policy to facilitate the immigration of certain sponsored foreign nationals excluded under paragraph 117(9)(d) or 125(1)(d) of the Immigration and Refugee Protection Regulations — IRCC — https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/certain-sponsored-foreign-nationals-excluded.html
Public policy for undeclared family members — IRCC — https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/who-you-can-sponsor/undeclared-family.html
Immigration and Refugee Protection Act, section 25 (humanitarian and compassionate considerations) — Justice Laws Website — https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-25.html
Immigration and Refugee Protection Act, section 42 (inadmissible family member) — Justice Laws Website — https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-42.html
Immigration and Refugee Protection Regulations, section 117 — Justice Laws Website — https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/section-117-20190617.html

All statutory provisions and the policy window verified against canada.ca and laws-lois.justice.gc.ca on August 26, 2026.

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