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NEED HELP FOR PROCEDURAL FAIRNESS LETTER FOR DEPENDENT CHILD

brookshield

Star Member
Sep 1, 2017
107
68
Hi, everyone is anyone can help me my son received a procedural fairness letter
"his refers to your application for permanent residence in Canada. Your application, including all of its supporting documents, has been reviewed and it appears that you may not meet the requirements for immigration to Canada. Paragraph 117(1)(b) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the family class if, with respect to a sponsor, the foreign national is the sponsor’s dependent child. Effective October 24, 2017, section 2 of the Regulations defines a “dependent child”, in respect of a parent, as a child who: (a) has one of the following relationships with the parent, namely, (i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or (ii) is the adopted child of the parent; and (b) is in one of the following situations of dependency, namely, (i) is less than 22 years of age and is not a spouse or common-law partner, or (ii) is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially selfsupporting due to a physical or mental condition You were over 22 years old when the sponsorship application was received on xxxxxx4. You do not appear to have a mental or physical condition that renders you unable to financially support yourself. As a result, you do not appear to meet the definition of a dependent child as outlined in the Regulations. Before a final decision is made regarding your eligibility as a dependent child, you are given this opportunity to respond to these concerns. Your response must be received by this office within 30 calendar days from the date of this letter. If no correspondence is received within the period specified, a decision will be made based on the information available on file which may result in the refusal of your application. "

but my question when we apply permanent resident hes only 20 years old is he consider on the lock in date please help , thank you in advance
 

scylla

VIP Member
Jun 8, 2010
96,738
22,760
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi, everyone is anyone can help me my son received a procedural fairness letter
"his refers to your application for permanent residence in Canada. Your application, including all of its supporting documents, has been reviewed and it appears that you may not meet the requirements for immigration to Canada. Paragraph 117(1)(b) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the family class if, with respect to a sponsor, the foreign national is the sponsor’s dependent child. Effective October 24, 2017, section 2 of the Regulations defines a “dependent child”, in respect of a parent, as a child who: (a) has one of the following relationships with the parent, namely, (i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or (ii) is the adopted child of the parent; and (b) is in one of the following situations of dependency, namely, (i) is less than 22 years of age and is not a spouse or common-law partner, or (ii) is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially selfsupporting due to a physical or mental condition You were over 22 years old when the sponsorship application was received on xxxxxx4. You do not appear to have a mental or physical condition that renders you unable to financially support yourself. As a result, you do not appear to meet the definition of a dependent child as outlined in the Regulations. Before a final decision is made regarding your eligibility as a dependent child, you are given this opportunity to respond to these concerns. Your response must be received by this office within 30 calendar days from the date of this letter. If no correspondence is received within the period specified, a decision will be made based on the information available on file which may result in the refusal of your application. "

but my question when we apply permanent resident hes only 20 years old is he consider on the lock in date please help , thank you in advance
When did you submit the application to sponsor your son? How old is he now?
 

fils1234

Star Member
Apr 4, 2024
73
15
Hi, everyone is anyone can help me my son received a procedural fairness letter
"his refers to your application for permanent residence in Canada. Your application, including all of its supporting documents, has been reviewed and it appears that you may not meet the requirements for immigration to Canada. Paragraph 117(1)(b) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the family class if, with respect to a sponsor, the foreign national is the sponsor’s dependent child. Effective October 24, 2017, section 2 of the Regulations defines a “dependent child”, in respect of a parent, as a child who: (a) has one of the following relationships with the parent, namely, (i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or (ii) is the adopted child of the parent; and (b) is in one of the following situations of dependency, namely, (i) is less than 22 years of age and is not a spouse or common-law partner, or (ii) is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially selfsupporting due to a physical or mental condition You were over 22 years old when the sponsorship application was received on xxxxxx4. You do not appear to have a mental or physical condition that renders you unable to financially support yourself. As a result, you do not appear to meet the definition of a dependent child as outlined in the Regulations. Before a final decision is made regarding your eligibility as a dependent child, you are given this opportunity to respond to these concerns. Your response must be received by this office within 30 calendar days from the date of this letter. If no correspondence is received within the period specified, a decision will be made based on the information available on file which may result in the refusal of your application. "

but my question when we apply permanent resident hes only 20 years old is he consider on the lock in date please help , thank you in advance
If he was 20 when ircc received the application write a letter stating he was 20 at that time and give give them proof that he was like his birth certificate or a passport as proof
 

Simba112

VIP Member
Mar 25, 2021
4,514
1,673
Hi, everyone is anyone can help me my son received a procedural fairness letter
"his refers to your application for permanent residence in Canada. Your application, including all of its supporting documents, has been reviewed and it appears that you may not meet the requirements for immigration to Canada. Paragraph 117(1)(b) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the family class if, with respect to a sponsor, the foreign national is the sponsor’s dependent child. Effective October 24, 2017, section 2 of the Regulations defines a “dependent child”, in respect of a parent, as a child who: (a) has one of the following relationships with the parent, namely, (i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or (ii) is the adopted child of the parent; and (b) is in one of the following situations of dependency, namely, (i) is less than 22 years of age and is not a spouse or common-law partner, or (ii) is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially selfsupporting due to a physical or mental condition You were over 22 years old when the sponsorship application was received on xxxxxx4. You do not appear to have a mental or physical condition that renders you unable to financially support yourself. As a result, you do not appear to meet the definition of a dependent child as outlined in the Regulations. Before a final decision is made regarding your eligibility as a dependent child, you are given this opportunity to respond to these concerns. Your response must be received by this office within 30 calendar days from the date of this letter. If no correspondence is received within the period specified, a decision will be made based on the information available on file which may result in the refusal of your application. "

but my question when we apply permanent resident hes only 20 years old is he consider on the lock in date please help , thank you in advance
They must have proof that your son was over 22years old...
 

fils1234

Star Member
Apr 4, 2024
73
15
but according to ircc website there’s a lock in date what does it mean
He is not under 22 if you applied in September. The lock in date is when you got your aor that's when ircc received the application which is like 3 weeks to a month which will still make your child not eligible.
 

scylla

VIP Member
Jun 8, 2010
96,738
22,760
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
we approve our h and c and got our pr march 2024 and he applied sponsorship September his 23 years now
So I think this is the issue. It sounds like you included him as non-accompanying in the H&C application and then once you had PR, submitted a new application to sponsor him as a dependent. Is that right?

If so, age was locked in when the sponsorship application was received by IRCC, not when you submitted the H&C application.
 

brookshield

Star Member
Sep 1, 2017
107
68
So I think this is the issue. It sounds like you included him as non-accompanying in the H&C application and then once you had PR, submitted a new application to sponsor him as a dependent. Is that right?

If so, age was locked in when the sponsorship application was received by IRCC, not when you submitted the H&C application.
Okay thank you