Immigration and Refugee Protection Regulations

Marginal note:Excluded relationships

• 125 (1) A foreign national shall not be considered a member of the spouse or common-law partner in Canada class by virtue of their relationship to the sponsor if

  • (a) the foreign national is the sponsor’s spouse or common-law partner and is under 18 years of age;

  • (b) the foreign national is the sponsor’s spouse or common-law partner, the sponsor has an existing sponsorship undertaking in respect of a spouse or common-law 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 spouse 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;

  • (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 married to 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; or

  • (d) subject to subsection (2), 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.

• Marginal note:Exception

  (2) Subject to subsection (3), paragraph (1)(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.

• Marginal note:Application of par. (1)(d)

  (3) Paragraph (1)(d) applies in respect of a foreign national referred to in subsection (2) 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.

• Definition of former Act

  (4) In subsection (2), former Act has the same meaning as in section 187 of the Act.