The exception that allows certain family members with health conditions to still be admitted to Canada does not extend to adopted children unless they are the sponsor's actual dependent children. The broader exception does cover specific prescribed family members, including a dependent child of the sponsor's dependent child.
(1)24 (1) The exception set out in paragraph 38(2)(a) of the Act does not apply to a child who is not a dependent child of the sponsor.
(2)(2) The following family members of a foreign national referred to in paragraph 38(2)(a) of the Act are prescribed for the purpose of paragraph 38(2)(d) of the Act:
(3)(3) Paragraph 38(1)(c) of the Act does not apply to a foreign national who has been determined to be a member of the family class and is
24.1 (1) A foreign national may apply for a declaration of relief under subsection 42.1(1) of the Act if a decision has been made to refuse their application for permanent or temporary resident status, or a removal order has been issued against them, on the basis of a determination of inadmissibility under section 34, paragraph 35(1)(b) or subsection 37(1) of the Act. Marginal note: Judicial review (2) However, if the foreign national has filed an application for leave to commence an application for judicial review under subsection 72(1) of the Act with respect to a decision or removal order referred to in subsection (1), the foreign national may only make an application under subsection (1) after the earliest of the following: (a) the Federal Court refuses the application for leave, (b) if the application for leave is granted, the Federal Court refuses the application for judicial review and no question is certified for the Federal Court of Appeal, (c) if a question is certified for the Federal Court of Appeal, (i) an appeal to the Federal Court of Appeal is not filed within the time limit, or (ii) the Federal Court of Appeal dismisses the appeal and an application to the Supreme Court of Canada for leave to appeal from that decision is not filed within the time limit, (d) if an application is filed with the Supreme Court of Canada for leave to appeal, (i) the application is refused, (ii) the application is granted and an appeal is not filed within the time limit, or (iii) the Supreme Court of Canada dismisses the appeal, and (e) the foreign national discontinues their application for leave to commence an application for judicial review, application for judicial review, appeal to the Federal Court of Appeal, application to the Supreme Court of Canada for leave to appeal or appeal to the Supreme Court of Canada, as the case may be.
24.2 (1) An application under subsection 42.1(1) of the Act must include the following information in respect of the applicant: (a) their place of birth, gender and marital status and the names of any former spouses or common-law partners; (b) their telephone number and email address, if any; (c) their former countries of citizenship or former countries of nationality; (d) their education, including the name and address of all elementary and secondary schools and post-secondary, technical and vocational institutions attended and the start and end dates for the periods during which they attended each school or institution; (e) their work history, including volunteer work, from the age of 16 years, including start and end dates for each period of work, their job title and job description and the employer’s name and address; (f) their international travel history from the age of 16 years, including a list of the countries visited, the purpose of the visits, the dates and duration of the visits and any immigration status sought from or granted by any country visited; and (g) the provision of the Act under which they were determined to be inadmissible — section 34, paragraph 35(1)(b) or subsection 37(1) — as well as the date on which and the city and country in which the determination was made and whether the determination resulted in a decision or removal order referred to in subsection 24.1(1). Marginal note: Non-application of paragraphs 10(2)(b) and (c) (2) Paragraphs 10(2)(b) and (c) do not apply to an application under subsection 42.1(1) of the Act.
24.6 (1) The expiry date of any work permit, study permit — including any renewal of them — temporary resident permit having an expiry date, temporary resident visa, or document that indicates the temporary resident status of a person who is a member of the visitor class, issued to a person who is required to provide their biometric information under section 10.01 of the Act, must not be later than 10 years after the latest day on which the person provided their biometric information under section 10.01 of the Act. Marginal note: Determination of latest day (2) The latest day on which the person provided their biometric information is determined at the time of the issuance of the permit, visa or other document.