Excluded Relationships
A foreign national is not considered a member of the Family Class or the Spouse or Common-Law Partner in Canada Class if:
- He/she is the sponsor's spouse, common-law partner or conjugal partner and is under 16 years old;
- The sponsor has another sponsorship undertaking for another spouse, common-law partner or conjugal partner and the period of that undertaking has not ended;
- The sponsor or the foreign national was, at the time of their marriage, the spouse of another person, or the sponsor and the foreign national have lived apart for at least one year and either party is the common-law partner or the conjugal partner of another person.
- 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.
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