Immigration and Refugee Protection Act

Marginal note:Inadmissible family member

• 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.

• Marginal note:Exception

  (2) In the case of a foreign national referred to in subsection (1) who is a temporary resident or who has made an application for temporary resident status or an application to remain in Canada as a temporary resident,

  • (a) the matters referred to in paragraph (1)(a) constitute inadmissibility only if the family member is inadmissible under section 34, 35, 35.1 or 37; and

  • (b) the matters referred to in paragraph (1)(b) constitute inadmissibility only if the foreign national is an accompanying family member of a person who is inadmissible under section 34, 35, 35.1 or 37.