Who's dependent, who's not

Canada Immigration Forum (discussion group)


 
       
Subject: Who's dependent, who's not
  ONE OF THE LAWYERS IN TORONTO STATES:

Q: I was reading the sponsorship guide and found the following statement:

"Dependent children must meet the above requirements both on the day the Case Processing Centre in Mississauga (CPC-M), Ontario, receives a complete application for a permanent resident visa and, without taking into account whether they have attained 22 years of age, on the day a visa is issued to them."

Does this mean that a dependent child must still be under 22 when the visa is issued? I find this confusing. Please clarify.

A: In the real world it is pretty easy to figure out if someone is "over aged". Not so in the immigration world where there are four types of "dependent children".

1. Children under 22 years and not married or in a common law relationship - The child must meet both of these conditions at the time the sponsorship application is received at CPC - Mississauga, or in the case of refugee and economic class cases when the visa post accepts your documents as "an application". If the visa post feels that the application is not submitted properly, it will send it back to you and the child will only qualify if they meet these conditions when the application is properly re-submitted. The child still qualifies if they are over 22 when the visa is issued but won´t qualify if they are married or in a common law relationship when their visa is issued or when they arrive in Canada. A dependent child who is divorced, widowed, or who is no longer in a common law relationship at the time of visa issuance can still qualify.

2. Children over 22 and studying - The child in this situation must, since prior to turning 22, be continuously enrolled and in attendance as a full-time student in a government-accredited post secondary institution and must depend substantially on the financial support of a parent right up until the time a visa is issued to them.

3. Children married or in a common law relationship before the age of 22 - The child in this situation must, since the time they were a spouse be continuously enrolled and in attendance as a full-time student in a government-accredited post secondary institution and must depend substantially on the financial support of a parent right up until the time a visa is issued to them. It is ok if at that time they are over 22.

4. Children over 22 with a medical condition - Children in this situation must be unable to provide for themselves due to a medical condition since prior to turning 22 and must depend substantially on the financial support of a parent right up until visa issuance.



[01-04-2008,12:24]
[***.50.205.242]
Mike
(in reply to: Who's dependent, who's not)
I know someone north of Toronto wished they had read the "continuously enrolled as a full time student" before she submitted.

Roy
www.cvimmigration.com

[01-04-2008,20:02]
[**.55.218.86]
Roy
(in reply to: Who's dependent, who's not)
Age is locked for family class application (sponsoring a child ) on the day the application is received at the case processing center in Canada.

For skilled worker application (children accompanying parents), as Roy said you need to be continuously enrolled as a full-time student or be dependent on your parents.

This is my understanding.

[02-04-2008,02:32]
[***.69.2.5]
Samm
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