Returned application

[Aiesline]

My application was returned to me. They state the reason is I left a dependant off my application and did not include the whole families birth certificate.

I feel like I'm between a rock and a hard place. The dependant they are claiming I left out does not meet the dependant definition.

Definition of a dependent child as of October 24, 2017

Children qualify as dependants if they meet both of these requirements:

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

He is under 22 but he has a common-law partner. On the family disclosure page I listed him as I should, and listed him as common law.

If I send the application back in as is, They may well send it back for a missing dependant. If I provide the information they are asking for, I'm listing a child that is not a dependant.

Any advice?

 

[Aiesline]

Bump

I could use some help, please.

 

[immigrant7]

You can include his details and mark as non accompanying, right?

 

[Miraclejj]

My application was returned to me. They state the reason is I left a dependant off my application and did not include the whole families birth certificate.

I feel like I'm between a rock and a hard place. The dependant they are claiming I left out does not meet the dependant definition.

Definition of a dependent child as of October 24, 2017

Children qualify as dependants if they meet both of these requirements:

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

He is under 22 but he has a common-law partner. On the family disclosure page I listed him as I should, and listed him as common law.

If I send the application back in as is, They may well send it back for a missing dependant. If I provide the information they are asking for, I'm listing a child that is not a dependant.

Any advice?

This time, write an explanation letter to explain to CIC why you child isn't listed as your dependent. Sometimes, CIC reviewer may oversee some information you provided. A simple explanation letter that specifically pin point the issue will help.

 

[Aiesline]

This time, write an explanation letter to explain to CIC why you child isn't listed as your dependent. Sometimes, CIC reviewer may oversee some information you provided. A simple explanation letter that specifically pin point the issue will help.

Thanks, that was the only thing my sponsor and I could think of, but wanted to see if anyone else had dealt with this exact issue before.

 

[Sous02]

Thanks, that was the only thing my sponsor and I could think of, but wanted to see if anyone else had dealt with this exact issue before.

If CIC wants him listed as a dependent do it. Include a letter why he was not there in the first application and that you are following their direction. CIC has no proof as to whether the common law situation is valid.

 

[Alurra71]

I went through this with my daughter years back when I was immigrating. I included a letter that she was currently in a relationship and that she will become a mother and be common law (gave them an actual date) by the time I would be finalizing my application. They accepted that and continued with my application.

If I'd known then, what I know now, I would've kept her from becoming common law and added her to my sponsorship application.Once she landed she could've then returned and continued on with her life however she wanted, but at least she would now have the option to come to Canada.

Ah regrets, we all have them, don't we?

If your son is already in a common law relationship and has no interest in coming with you, then by all means, send CIC a letter explaining this and then continue with your application. If, for some reason, you are thinking like i was, that it would be easier to finalize your app or that you would have to jump through more hoops to get him PR as well, think hard before you choose to just write the letter. It is not difficult at all to get your child included now if he does actually meet the requirements.

Best of luck to you!

 

[Aiesline]

My son has no desire to move to Canada. I doubt I could get him to take the medical even if he was listed as a non-accompanying dependant. Guess a letter is the best course of action.

 

[Aiesline]

Okay, quick update. I talked to CIC directly. I was told to include him as non-accompanying. Since he is under 22, if he and his girlfriend were to separate, he would be considered a dependent and eligible for immigration. I was also told to include a letter so they won't ask for a medical.

FYI If you are trying to get in touch with a human at CIC by phone from within Canada, this is the magic combo to talk to a human in English as of 2018-03-13 call 1-888-242-2100 the choose these options 3 - 4 - 1 - 0. They were very helpful. Be prepared to wait on hold for about an hour.

 

[canuck_in_uk]

Okay, quick update. I talked to CIC directly. I was told to include him as non-accompanying. Since he is under 22, if he and his girlfriend were to separate, he would be considered a dependent and eligible for immigration. I was also told to include a letter so they won't ask for a medical.

FYI If you are trying to get in touch with a human at CIC by phone from within Canada, this is the magic combo to talk to a human in English as of 2018-03-13 call 1-888-242-2100 the choose these options 3 - 4 - 1 - 0. They were very helpful. Be prepared to wait on hold for about an hour.

Call Centre is useless. More wrong answers than right. Even non-accompanying dependents are required to be fully included in the app, which means medical/PCCs/forms/etc.

Your son does not qualify as a dependent and is not to be included as such. He should only be listed on IMM5406. Include a letter of explanation and a letter from him confirming this.

If he were to end his common-law relationship before they age of 22, he would once again qualify as a dependent and could be added to the app or sponsored if the app is already completed.

 

[jel]

Okay, quick update. I talked to CIC directly. I was told to include him as non-accompanying. Since he is under 22, if he and his girlfriend were to separate, he would be considered a dependent and eligible for immigration. I was also told to include a letter so they won't ask for a medical.

FYI If you are trying to get in touch with a human at CIC by phone from within Canada, this is the magic combo to talk to a human in English as of 2018-03-13 call 1-888-242-2100 the choose these options 3 - 4 - 1 - 0. They were very helpful. Be prepared to wait on hold for about an hour.

I am just wondering what happened to your application?

 

[YVR123]

I am just wondering what happened to your application?

This was his last update
https://www.canadavisa.com/canada-immigration-discussion-board/threads/may-2018-inland-spousal-sponsorship.563187/page-90#post-8001589