Regulation 145 — Sponsored members of the family class — requirements
Text of provision
A foreign national is a Convention refugee abroad and a member of the Convention refugees abroad class if the foreign national has been determined, outside Canada, by an officer to be a Convention refugee.
Plain English
Regulation 145 provides that a member of the family class must meet the basic admissibility requirements under IRPA in addition to being a qualifying family member. This means the sponsored person must not be inadmissible on any of the grounds in ss 33–43 of IRPA — security, human rights violations, criminality, misrepresentation, health, and financial reasons.
The inadmissibility assessment is conducted as part of the permanent residence processing, not as a separate step.
Practical effect
Family class is not immune from inadmissibility findings. A sponsored spouse with a criminal record, health condition causing excessive demand, or prior misrepresentation finding may be refused despite a valid sponsorship. The sponsored person's inadmissibility is a ground for refusing the PR application, not for refusing to consider the application at all. In some cases, a rehabilitation application or a temporary resident permit may overcome inadmissibility. The sponsor cannot waive inadmissibility — IRCC must assess it.