Dependent child has been refused from spouse sponsorship application. Can I appeal?

[Night70]

Hello everyone,

My wife has just been approved for PR, but her dependent child has been refused from the application:

"In your case, your child is more than 22 years of age at the time the application was received. As per the information on the application, she is currently living independently with her grandmother in xxxx, has worked in the past to support herself and got married and divorced too, therefore, the child does not meet the definition of a dependent child as mentioned above. I have therefore removed your child from the application for further processing."​

Her child has minor hemiplegic due to a virus fever when she was 11. She is actually living on our financial support every month because her grandmother is 68 years old.

With all of the info above, could I have any hope to appeal the case? Thank you all for reading this post.

 

[scylla]

Hello everyone,

My wife has just been approved for PR, but her dependent child has been refused from the application:

"In your case, your child is more than 22 years of age at the time the application was received. As per the information on the application, she is currently living independently with her grandmother in xxxx, has worked in the past to support herself and got married and divorced too, therefore, the child does not meet the definition of a dependent child as mentioned above. I have therefore removed your child from the application for further processing."​

Her child has minor hemiplegic due to a virus fever when she was 11. She is actually living on our financial support every month because her grandmother is 68 years old.

With all of the info above, could I have any hope to appeal the case? Thank you all for reading this post.

Speak with a lawyer. I think it will be a hard case if she's not living with your wife and based on the other details of the refusal reason.

Is it true she has worked in the past?

 

[Night70]

Speak with a lawyer. I think it will be a hard case if she's not living with your wife and based on the other details of the refusal reason.

Is it true she has worked in the past?

Yes she worked, but for a very short time (few months) because of her disability and her limited education (grade 9).

Thank you

 

[scylla]

Yes she worked, but for a very short time (few months) because of her disability and her limited education (grade 9).

Thank you

Unfortunately that will work against you since IRCC will see this as a sign of her independence. I would speak with a good immigration lawyer and get a consult.

Good luck.

 

[canuck78]

Hello everyone,

My wife has just been approved for PR, but her dependent child has been refused from the application:

"In your case, your child is more than 22 years of age at the time the application was received. As per the information on the application, she is currently living independently with her grandmother in xxxx, has worked in the past to support herself and got married and divorced too, therefore, the child does not meet the definition of a dependent child as mentioned above. I have therefore removed your child from the application for further processing."​

Her child has minor hemiplegic due to a virus fever when she was 11. She is actually living on our financial support every month because her grandmother is 68 years old.

With all of the info above, could I have any hope to appeal the case? Thank you all for reading this post.

Is she able to care for her daily needs like bathing, cooking food, if she attended grade 9 she would likely be capable of basic jobs, etc. How long has your wife been living separately from her child? Was there any issue with him/her medical?

 

[Night70]

Is she able to care for her daily needs like bathing, cooking food, YES, BUT WITH ONLY ONE ARM. THE OTHER ARM IS WEAK (AND ALSO THE OTHER LEG)

if she attended grade 9 she would likely be capable of basic jobs, etc. IN MY COUNTRY IT IS VERY DIFFICULT TO FIND A JOB IF YOU HAVE A DISABILITY

How long has your wife been living separately from her child? FOR FIVE YEARS

Was there any issue with him/her medical? The child has minor hemiplegic due to a virus fever when she was 11. And her brain was slightly damaged too. That’s why she only could kept studying til grade 9.

Answers are above. Do you guys think we have any chance to appeal successfully? Thank you

 

[scylla]

Answers are above. Do you guys think we have any chance to appeal successfully? Thank you

There's always some chance an appeal will be successful. None of us are going to be able to tell you how high that chance is.

 

[lenuxii]

Hello everyone,

My wife has just been approved for PR, but her dependent child has been refused from the application:

"In your case, your child is more than 22 years of age at the time the application was received. As per the information on the application, she is currently living independently with her grandmother in xxxx, has worked in the past to support herself and got married and divorced too, therefore, the child does not meet the definition of a dependent child as mentioned above. I have therefore removed your child from the application for further processing."​

Her child has minor hemiplegic due to a virus fever when she was 11. She is actually living on our financial support every month because her grandmother is 68 years old.

With all of the info above, could I have any hope to appeal the case? Thank you all for reading this post.

This is a hard case, I agree with other people above.

Looking at cic website:

Children qualify as dependants if they:

• are under 22 years old, and
• don’t have a spouse or common-law partner.

Children 22 years old or older (also known as an overage dependent children) qualify as dependants if they:

• have depended on their parents for financial support since before they were 22, and
• can’t financially support themselves because of a mental or physical condition.

Remember, during processing

• we only use the age of your child on the lock-in date to assess if your child is eligible, even if they pass the age limit
• your child must still not be a spouse or common-law partner.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/age-limit-requirements-dependent-children.html

Because she had worked in the past to support herself this will be a sign to them that she CAN support herself, therefore cannot be eligible to be supported as an overage dependent child.

If you would like to appeal you will need a lawyer and very good foundation with her current case.

 

[armoured]

Children 22 years old or older (also known as an overage dependent children) qualify as dependants if they:

• have depended on their parents for financial support since before they were 22, and
• can’t financially support themselves because of a mental or physical condition.

...
Because she had worked in the past to support herself this will be a sign to them that she CAN support herself, therefore cannot be eligible to be supported as an overage dependent child.

I bolded the first condition here because the letter from IRCC stated that the child "got married and divorced too."

I believe that for IRCC, this means that the child stopped being dependent on parents (an adult who gets married is deemed to no longer be dependent on parents, because now there is a spouse), and any child who stops being dependent has not [continuously] depended on parents since before the age of 22.

The 'and, can't financially support themselves' is a joint condition - if either is not true, the condition is not met (doesn't matter that the child can't support themselves now, because was married).

Or in more simple terms: an adult child who gets married can no longer be considered a dependent of parents (even if subsequently divorced), irrespective of whether financially dependent on parents.

My conclusion is an appeal is very unlikely to be successful, but: OP should speak to a lawyer (which I am not). As suggested earlier.

 

[scylla]

I bolded the first condition here because the letter from IRCC stated that the child "got married and divorced too."

I totally missed that. If that's accurate, then IMO there's no point in appealing. There's really no chance of approval in this situation. It's going to be a lost cause.

 

[scylla]

Answers are above. Do you guys think we have any chance to appeal successfully? Thank you

Can you confirm if she did in fact get married and then divorced? I'll admit that I missed that when I read your first post.

 

[Night70]

Can you confirm if she did in fact get married and then divorced? I'll admit that I missed that when I read your first post.

Yes. She did. Thank you

 

[scylla]

Yes. She did. Thank you

In that case I think there is zero chance of an appeal succeeding and there's no point even trying (you'll just end up wasting money on a lawyer). The fact she got married removes any possibility she can be included or considered as a dependent. Getting married severs this relationship.

Of course you can still try appealing if you want to, but I don't see any chances of success in this scenario. It's very clear she doesn't meet the dependent criteria. I don't see how you or a lawyer could argue that she meets the criteria. The past marriage kills any chance of that.