by Gianpaolo Panusa
Most applicants are shocked to discover that if any family member is inadmissible - whether accompanying you to Canada or not - then the applicant is inadmissible as well. This is certainly one of the least understandable of immigration rules. If your family member will not accompany you to Canada, then why should it matter if that family member has a medical condition or criminal record that keeps them out of Canada? I believe the answer lies in the fact that once you become a permanent resident, you do have certain rights to sponsor family members, and can even try a humanitarian and compassionate application as a last ditch effort in most circumstances. The legislation is circumventing those processes by ensuring that the applicant never becomes a permanent resident in the first place. Whatever the reason, it is a harsh rule and I think it is ripe for re-evaluation.
Most applicants are shocked to discover that if any family member is inadmissible - whether accompanying you to Canada or not - then the applicant is inadmissible as well. This is certainly one of the least understandable of immigration rules. If your family member will not accompany you to Canada, then why should it matter if that family member has a medical condition or criminal record that keeps them out of Canada? I believe the answer lies in the fact that once you become a permanent resident, you do have certain rights to sponsor family members, and can even try a humanitarian and compassionate application as a last ditch effort in most circumstances. The legislation is circumventing those processes by ensuring that the applicant never becomes a permanent resident in the first place. Whatever the reason, it is a harsh rule and I think it is ripe for re-evaluation.
