Immigration and Refugee Protection Regulations

Marginal note:Prescribed circumstances — family members

23 For the purposes of paragraph 42(a) of the Act, the prescribed circumstances in which the foreign national is inadmissible on grounds of an inadmissible non-accompanying family member are that

• (a) the foreign national has made an application for a permanent resident visa or to remain in Canada as a permanent resident; and

• (b) the non-accompanying family member is

  • (i) the spouse of the foreign national, except where the relationship between the spouse and foreign national has broken down in law or in fact,

  • (ii) the common-law partner of the foreign national,

  • (iii) a dependent child of the foreign national and either the foreign national or an accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law, or

  • (iv) a dependent child of a dependent child of the foreign national and the foreign national, a dependent child of the foreign national or any other accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law.