Limaj Immigration Canada - Cabinet de Consultant Agréé
IMMIGRATION REFUSAL EMERGENCY

Refusal A42:
Inadmissible Family Member

Received a refusal letter or removal order? This is not the end. Immediate action is required.

Challenge this RefusalEmergency: +1 514-546-9853

Refusal Analysis

"Entire family refused because of one inadmissible member."

Section A42 extends the inadmissibility of one family member to all others. If your spouse, child, or parent is inadmissible (criminality, health, security), your own application can be refused even if you are personally admissible.

Legal Context

Section 42(1) of the IRPA states that a foreign national is inadmissible if an accompanying family member is inadmissible, or if the foreign national accompanies an inadmissible family member.

Why the Officer Refused (Common Reasons)

!
Spouse with criminal record.
!
Child declared excessive demand (A38).
!
Parent with security ban.
!
Undeclared ex-spouse.
OUR STRATEGY

How We Fix It

File separation or Humanitarian & Compassionate (H&C) application.

1
Identification of the family member causing inadmissibility.
2
Assessment of the possibility of separating files.
3
Humanitarian & Compassionate (H&C) application if applicable.
4
If criminality: Rehabilitation application for the concerned member.

Frequently Asked Questions

Can I exclude a family member from my application?
Yes, in some cases. But beware: not declaring a family member is misrepresentation (A40).
Does my ex-spouse affect my file?
No, unless they are still declared as a family member in your current application.

Related immigration refusal guides

Explore these common situations to better understand your options.

R4 - Bad Faith (Marriage of Convenience)A41 - Residency ObligationProcedural Fairness Letter (PFL)R203 - LMIA Refused

Don't Waste Time

Deadlines for Federal Court (15/60 days) or Restoration (90 days) are strict.

Book a Consultation+1 514-546-9853

Why a Level 3 Consultant?

  • Authorized to plead before the Tribunal (IRB)
  • Expertise in appeals and judicial review
  • Management of complex cases (A40, A36, etc.)