Member

(1)A foreign national is a member of the family class if, with respect to a sponsor, the foreign national is (a)the sponsor’s spouse, common-law partner or conjugal partner; (b)a dependent child of the sponsor; (c)the sponsor’s mother or father; (d)the mother or father of the sponsor’s mother or father; (e)[Repealed, SOR/2005-61, s. 3] (f)a person whose parents are deceased, who is under 18 years of age, who is not a spouse or common-law partner and who is(i)a child of the sponsor’s mother or father,(ii)a child of a child of the sponsor’s mother or father, or(iii)a child of the sponsor’s child; (g)a person under 18 years of age whom the sponsor intends to adopt in Canada if(i)the adoption is not being entered into primarily for the purpose of acquiring any status or privilege under the Act,(ii)where the adoption is an international adoption, the country in which the person resides is a party to the Hague Convention on Adoption and the Convention applies to their province of intended destination, the competent authority of the country and of the province have approved the adoption in writing as conforming to that Convention, and(iii)where the adoption is an international adoption and the country in which the person resides is not a party to the Hague Convention on Adoption or the Convention does not apply to the person’s province of intended destination(A)the person has been placed for adoption in the country in which they reside or is otherwise legally available in that country for adoption and there is no evidence that the intended adoption is for the purpose of child trafficking or undue gain within the meaning of the Hague Convention on Adoption, and(B)the competent authority of the person’s province of intended destination has stated in writing that it does not object to the adoption; or (h)a relative of the sponsor, regardless of age, if the sponsor does not have a spouse, a common-law partner, a conjugal partner, a child, a mother or father, a relative who is a child of that mother or father, a relative who is a child of a child of that mother or father, a mother or father of that mother or father or a relative who is a child of the mother or father of that mother or father(i)who is a Canadian citizen, Indian or permanent resident, or(ii)whose application to enter and remain in Canada as a permanent resident the sponsor may otherwise sponsor.

(2)A foreign national who is the adopted child of a sponsor and whose adoption took place when the child was under the age of 18 shall not be considered a member of the family class by virtue of the adoption unless (a)the adoption was in the best interests of the child within the meaning of the Hague Convention on Adoption; and (b)the adoption was not entered into primarily for the purpose of acquiring any status or privilege under the Act.

(3)The adoption referred to in subsection (2) is considered to be in the best interests of a child if it took place under the following circumstances: (a)a competent authority has conducted or approved a home study of the adoptive parents; (b)before the adoption, the child’s parents gave their free and informed consent to the child’s adoption; (c)the adoption created a genuine parent-child relationship; (d)the adoption was in accordance with the laws of the place where the adoption took place; (e)the adoption was in accordance with the laws of the sponsor’s place of residence and, if the sponsor resided in Canada at the time the adoption took place, the competent authority of the child’s province of intended destination has stated in writing that it does not object to the adoption; (f)if the adoption is an international adoption, the country in which the adoption took place is a party to the Hague Convention on Adoption and the Convention applies to the child’s province of intended destination, the competent authority of the country and of the province have stated in writing that they approve the adoption as conforming to that Convention; and (g)if the adoption is an international adoption and the country in which the adoption took place is not a party to the Hague Convention on Adoption or the Convention does not apply to the child’s province of intended destination, there is no evidence that the adoption is for the purpose of child trafficking or undue gain within the meaning of that Convention.

(4)A foreign national who is the adopted child of a sponsor and whose adoption took place when the child was 18 years of age or older shall not be considered a member of the family class by virtue of that adoption unless it took place under the following circumstances: (a)the adoption was in accordance with the laws of the place where the adoption took place and, if the sponsor resided in Canada at the time of the adoption, the adoption was in accordance with the laws of the province where the sponsor then resided, if any, that applied in respect of the adoption of a child 18 years of age or older; (b)a genuine parent-child relationship existed at the time of the adoption and existed before the child reached the age of 18; and (c)the adoption was not entered into primarily for the purpose of acquiring any status or privilege under the Act.

(5) and (6)[Repealed, SOR/2005-61, s. 3]

(7)If a statement referred to in clause (1)(g)(iii)(B) or paragraph (3)(e) or (f) has been provided to an officer by the competent authority of the foreign national’s province of intended destination, that statement is, except in the case of an adoption that was entered into primarily for the purpose of acquiring any status or privilege under the Act, conclusive evidence that the foreign national meets the following applicable requirements: (a)[Repealed, SOR/2005-61, s. 3] (b)in the case of a person referred to in paragraph (1)(g), the requirements set out in clause (1)(g)(iii)(A); and (c)in the case of a person referred to in paragraph (1)(b) who is an adopted child described in subsection (2), the requirements set out in paragraphs (3)(a) to (e) and (g).

(8)If, after the statement is provided to the officer, the officer receives evidence that the foreign national does not meet the applicable requirements set out in paragraph (7)(b) or (c) for becoming a member of the family class, the processing of their application shall be suspended until the officer provides that evidence to the competent authority of the province and that authority confirms or revises its statement.

(9)A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if (a)the foreign national is the sponsor’s conjugal partner and is under 18 years of age; (b)the foreign national is the sponsor’s spouse, common-law partner or conjugal partner, the sponsor has an existing sponsorship undertaking in respect of a spouse, common-law partner or conjugal partner and the period referred to in subsection 132(1) in respect of that undertaking has not ended; (c)the foreign national is the sponsor’s spouse and(i)the sponsor or the foreign national was, at the time of their marriage, the spouse of another person, or(ii)the sponsor has lived separate and apart from the foreign national for at least one year and(A)the sponsor is the common-law partner of another person or the sponsor has a conjugal partner, or(B)the foreign national is the common-law partner of another person or the conjugal partner of another sponsor; or (c.1)the foreign national is the sponsor’s spouse and if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the foreign national was marrying a person who was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law; (d)subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.

(10)Subject to subsection (11), paragraph (9)(d) does not apply in respect of a foreign national referred to in that paragraph who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined.

(11)Paragraph (9)(d) applies in respect of a foreign national referred to in subsection (10) if an officer determines that, at the time of the application referred to in that paragraph, (a)the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or (b)the foreign national was the sponsor’s spouse, was living separate and apart from the sponsor and was not examined.

(12)In subsection (10), former Act has the same meaning as in section 187 of the Act.