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Last verified: March 2026 · Source: justice.gc.ca← Back to IRPA ExplorerLast verified: March 2026 · Source: justice.gc.ca
PART 1: Immigration to CanadaDIVISION 4: Inadmissibility
§42

Inadmissible family member

Inadmissible family member

Inadmissibility
🍁 In Simple Terms

A foreign national is inadmissible if a family member is inadmissible. This "accompanying family members" rule means one family member's problems can bar the entire family.

Affects: Anyone entering or staying in Canada
Legal Text — IRPA Section 42

(1)A foreign national, other than a protected person, is inadmissible on grounds of an inadmissible family member if(a) their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible; or

(b)they are an accompanying family member of an inadmissible person.

Related Subsections
s.42.1Exception — Minister’s own initiative

42.1 (1) The Minister may, on application by a foreign national, declare that the matters referred to in section 34, paragraph 35(1)(b) and subsection 37(1) do not constitute inadmissibility in respect of the foreign national if they satisfy the Minister that it is not contrary to the national interest.Exception — Minister’s own initiative(2) The Minister may, on the Minister’s own initiative, declare that the matters referred to in section 34, paragraph 35(1)(b) and subsection 37(1) do not constitute inadmissibility in respect of a foreign national if the Minister is satisfied that it is not contrary to the national interest.Considerations(3) In determining whether to make a declaration, the Minister may only take into account national security and public safety considerations, but, in his or her analysis, is not limited to considering the danger that the foreign national presents to the public or the security of Canada.

In Practice
Official Source: Justice Canada — IRPA s. 42 (authoritative, may differ from this display)
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