Published
Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.
Updated November 13, 2026: IRPA s. 42.1 and CBSA’s ministerial relief guide checked that day.
What it is: a declaration by the Minister of Public Safety that your s. 34, 35(1)(b) or 37 inadmissibility doesn’t count, because it isn’t contrary to the national interest.
Who can’t apply: anyone inadmissible under s. 35(1)(a) (war crimes, crimes against humanity).
The wait: CBSA does not offer a timeline; applications are handled by year received. Why a lawyer
Our immigration lawyers
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
Ministerial relief is a request to Canada’s Minister of Public Safety to declare that certain inadmissibility findings, for membership in an organization (s. 34), for being a senior official of a designated regime (s. 35(1)(b)), or for organized criminality (s. 37), do not apply to you. The Minister can grant it only if satisfied it is not contrary to the national interest, and may consider only national security and public safety (IRPA s. 42.1). It doesn’t give you status by itself, but it removes that barrier to your application.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, prepares ministerial relief applications and the related inadmissibility, delay and Federal Court work; this guide is by Pardeep S. Grewal.
Leave your details and our team will contact you to arrange a time with a lawyer. Or call (778) 598-3785.
Thank you, we have your request
A member of our team will contact you to arrange a time. If your matter is urgent, call us at (778) 598-3785, Monday to Friday, 9:00 am – 5:00 pm.
Who can apply?
| Inadmissibility | Ministerial relief? |
|---|---|
| s. 34 (security, including membership in an organization) | Yes |
| s. 35(1)(b) (senior official of a designated government) | Yes |
| s. 35(1)(a) (war crimes, crimes against humanity) | No |
| s. 37 (organized criminality) | Yes |
| s. 36 (criminality) | No: other remedies apply |
The applicant is a foreign national who has been found inadmissible, for example through a removal order or a refused application. See section 34(1)(f) membership findings.
The national interest test
The Minister may only consider national security and public safety, but isn’t limited to whether you are a danger (s. 42.1(3)). The application needs to explain your involvement fully and honestly: timeline, role, what you knew, when and why you left, and your life since.
How to apply
- Complete CBSA’s Application for a Declaration of Relief (form BSF766), in English or French.
- Add submissions and supporting documents. The burden is on you; avoid gaps in your timeline.
- Send it to CBSA’s Ministerial Relief Unit in Ottawa (by mail or email). A representative needs a Use of a Representative form.
- CBSA doesn’t list a fee for this application.
What happens after you apply
- Incomplete or ineligible applications are returned.
- Complete ones are processed by year of receipt.
- CBSA writes a recommendation and discloses it to you, so you can respond.
- The Minister decides personally; the decision can’t be delegated.
If it takes years or is refused: a delayed or refused ministerial relief application.
Why this needs a lawyer
One lawyer, one file, every step:
- checking eligibility and whether relief is the right route;
- building a complete, consistent account and evidence;
- responding to CBSA’s recommendation;
- pushing a delayed file or challenging a refusal.
The application is read years later by people deciding a national security question. Inconsistencies with your earlier immigration statements are the most common problem.
Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can represent you in the Federal Court if a refusal has to be challenged there. An immigration consultant cannot appear in that court for you.
Mistakes I have seen
- Leaving gaps in the timeline.
- Contradicting what you said in a refugee claim or an earlier interview.
- Not answering CBSA’s disclosed recommendation.
- Applying under s. 35(1)(a), where relief isn’t available.
Frequently asked questions
Does ministerial relief give me PR?
No. It removes the inadmissibility; your immigration application still has to be approved.
Can I apply while in Canada?
Yes, if you meet the conditions.
How long does it take?
CBSA does not offer a timeline. Applications are processed by year of receipt.
Is there an appeal?
No. A refusal can be challenged by judicial review in the Federal Court.
What should I do right now?
Collect everything you said in earlier applications and interviews before you start: consistency matters most.
Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.
Ready to book? Open the booking form ↑
Sources (official)
- Immigration and Refugee Protection Act, s. 42.1
- CBSA: Guide to applying for ministerial relief (modified November 28, 2023)
This article is general information, not legal advice. Every case depends on its own facts.