{"id":2592,"date":"2026-11-13T22:32:54","date_gmt":"2026-11-13T22:32:54","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/ministerial-relief-canada\/"},"modified":"2026-11-13T22:32:54","modified_gmt":"2026-11-13T22:32:54","slug":"ministerial-relief-canada","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/ministerial-relief-canada\/","title":{"rendered":"Ministerial relief (s. 42.1): who can apply and how it works"},"content":{"rendered":"

By Pardeep S. Grewal<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 13, 2026<\/em><\/p>\n

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<\/a>.<\/em><\/p>\n

Updated November 13, 2026: IRPA s. 42.1 and CBSA’s ministerial relief guide checked that day.<\/em><\/p>\n

\n

What it is:<\/strong> 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.<\/p>\n

Who can’t apply:<\/strong> anyone inadmissible under s. 35(1)(a) (war crimes, crimes against humanity).<\/p>\n

The wait:<\/strong> CBSA does not offer a timeline; applications are handled by year received. Why a lawyer<\/a><\/p>\n

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

\n

Our immigration lawyers<\/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
\n

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

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.<\/p>\n

Lawgical Law Corporation<\/a>, 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.<\/p>\n

Who can apply?<\/h2>\n
\n\n\n\n\n\n\n\n\n\n
Ministerial relief eligibility<\/caption>\n
Inadmissibility<\/th>\nMinisterial relief?<\/th>\n<\/tr>\n<\/thead>\n
s. 34 (security, including membership in an organization)<\/td>\nYes<\/td>\n<\/tr>\n
s. 35(1)(b) (senior official of a designated government)<\/td>\nYes<\/td>\n<\/tr>\n
s. 35(1)(a) (war crimes, crimes against humanity)<\/td>\nNo<\/td>\n<\/tr>\n
s. 37 (organized criminality)<\/td>\nYes<\/td>\n<\/tr>\n
s. 36 (criminality)<\/td>\nNo: other remedies apply<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

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<\/a>.<\/p>\n

The national interest test<\/h2>\n

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.<\/p>\n

How to apply<\/h2>\n