{"id":2042,"date":"2026-11-10T17:52:11","date_gmt":"2026-11-10T17:52:11","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/undeclared-family-member-sponsorship-117-9-d\/"},"modified":"2026-11-11T00:01:14","modified_gmt":"2026-11-11T00:01:14","slug":"undeclared-family-member-sponsorship-117-9-d","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/undeclared-family-member-sponsorship-117-9-d\/","title":{"rendered":"Sponsorship refused because you never declared your spouse or child (R117(9)(d)): your options and the 30-day deadline"},"content":{"rendered":"

By Sundeep S. Grewal<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 10, 2026<\/em><\/p>\n

Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia<\/a>.<\/em><\/p>\n

Updated November 10, 2026: section 117 of the Regulations and IRCC’s archived public policy page (modified September 11, 2026) checked that day.<\/em><\/p>\n

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The fix:<\/strong> a strong humanitarian and compassionate (H&C) request with the sponsorship, and if it is refused, judicial review in the Federal Court or an appeal to the Immigration Appeal Division on whether the rule was applied correctly.<\/p>\n

The deadline:<\/strong> 30 days to appeal a family class refusal to the Immigration Appeal Division. For judicial review, 15 days from notice in Canada, 60 days outside (IRPA s.72<\/a>).<\/p>\n

Why a lawyer:<\/strong> the IAD cannot weigh humanitarian factors in these appeals, so the right route depends on what the officer decided, and only a lawyer can take it to the Federal Court. Why a lawyer<\/a><\/p>\n

Book a consultation<\/a><\/p>\n<\/div>\n

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The lawyers who review these refusals<\/p>\n

\"SundeepSundeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a>\"PrabhpreetPrabhpreet Kaur Sangha<\/span>Barrister and Solicitor<\/span><\/a>\"PardeepPardeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a><\/div>\n
\nAbout our lawyers<\/summary>\n
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Sundeep S. Grewal<\/a><\/strong> founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.<\/p>\n

Prabhpreet Kaur Sangha<\/a><\/strong> 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.<\/p>\n

Pardeep S. Grewal<\/a><\/strong> is an immigration and estates lawyer known for clear communication and practical strategy.<\/p>\n<\/div>\n<\/details>\n<\/div>\n

If you are trying to sponsor a spouse, partner or child you did not declare and have examined when you became a permanent resident, IRCC will usually refuse the sponsorship under section 117(9)(d) of the Regulations. Until September 10, 2026, a public policy let some refugees and sponsored spouses get past that rule. It has ended, and applications submitted after that date cannot use it. The remaining routes are a humanitarian and compassionate request, an appeal to the Immigration Appeal Division on whether the rule applies at all, and judicial review<\/a> of the H&C decision. This guide covers spouses, partners and children sponsored from inside or outside Canada.<\/p>\n

Lawgical Law Corporation<\/a>, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, prepares H&C requests for excluded family members and challenges 117(9)(d) refusals at the Immigration Appeal Division and the Federal Court; this guide is by Sundeep S. Grewal.<\/p>\n

What does a 117(9)(d) refusal say?<\/h2>\n

In these refusals the officer usually accepts that the relationship is genuine and that the child is yours. What the officer finds is that, when the sponsor applied for permanent residence, this person was a family member who was not listed and not examined. Under the Regulations that person is “not considered a member of the family class”, so the sponsorship fails unless humanitarian factors justify an exemption.<\/p>\n

You will often see phrases like these in the refusal:<\/p>\n