parents sponsorship- procedural fairness- urgent! please help

[RF786]

Hi,
My parents sponsorship is in process.
My brother, who is vision impaired, is listed as dependent on the application.
problem is, few years back we applied for student visa for him so that he comes here and get settled as there are better opportunities and accessibility options for vision impaired. but the student visa was denied.
In student visa we had written " after I finish my study, I intend to go back to my country to live and support my parents "
We wrote this to assure that he will not overstay and will go back after he finishes his study.

CIC quoted this in application that this statement from the student visa application and now his application to be included as dependent dont match.

I dont understand how to explain this to them.

 

[scylla]

Hi,
My parents sponsorship is in process.
My brother, who is vision impaired, is listed as dependent on the application.
problem is, few years back we applied for student visa for him so that he comes here and get settled as there are better opportunities and accessibility options for vision impaired. but the student visa was denied.
In student visa we had written " after I finish my study, I intend to go back to my country to live and support my parents "
We wrote this to assure that he will not overstay and will go back after he finishes his study.

CIC quoted this in application that this statement from the student visa application and now his application to be included as dependent dont match.

I dont understand how to explain this to them.

How old was your brother at the time you sponsored your parents for PR? Was he over or under 22?

 

[canuck78]

agree that if he was able to apply for a student permit that will count against him if you are trying to include him as a dependent if he is 22 or older. If the application said he was going to be able to support his parents then he would not need to be a dependent for medical reasons.

 

[RF786]

yes he is over 25 years old.
the problem is at the time of student visa application, we were just trying to assure the auhorities that he will leave the country after his study and not overstay.
As a matter of fact, we didnot know if he will be able to live on his own, and he hasnt been able to.
his disease has progressed since age 22 and he has never supported himself financially ever.
I dont know how to explain this to the officer

 

[RF786]

student visa application was just a try to see how he can function without the parents.
after that got rejected, he continued to stay with my parents. tried finding work, but never got a job.

 

[RF786]

he needs help in everything due to partial sightedness.like reading, commuting.
and has always needed it

 

[scylla]

yes he is over 25 years old.
the problem is at the time of student visa application, we were just trying to assure the auhorities that he will leave the country after his study and not overstay.
As a matter of fact, we didnot know if he will be able to live on his own, and he hasnt been able to.
his disease has progressed since age 22 and he has never supported himself financially ever.
I dont know how to explain this to the officer

I think you are going to have an extremely difficult time proving that he is a dependent and challenging the fairness letter. On the one hand he applied for a study permit which shows he is independent and able to travel to Canada alone - and then stating that he will be returning home to support his parents (which indicates he would be working). On the other hand, you are saying that he is dependent on your parents and cannot live independently. These are two completely contradictory statements. It doesn't make any sense.

How old was he when the study permit application was submitted?

 

[canuck78]

Being partially sighted doesn’t mean that he can’t do things either. Thanks to technology many things like reading can be done for you with text to voice applications. Did your brother pursue post secondary education before or after being refused a study permit?

 

[zardoz]

he needs help in everything due to partial sightedness.like reading, commuting.
and has always needed it

Here's the problem. It's the timing AND continuity of the dependency that IRCC are picking up on.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/dependent-children.html

Age and level of dependency
As of October 24, 2017, to meet paragraph (b) of the definition of “dependent child” under section R2, a child must be in one of the following situations:

• under 22 years of age and not a spouse or common-law partner
• 22 years of age or older, have depended substantially on the financial support of the parent since before the age of 22 and be unable to support themselves financially due to a physical or mental condition (it is the financial dependency that must have been ongoing since before the age of 22. It is not necessary for the physical or mental condition to have existed before the age of 22.)

 

[canuck_in_uk]

yes he is over 25 years old.
the problem is at the time of student visa application, we were just trying to assure the auhorities that he will leave the country after his study and not overstay.
As a matter of fact, we didnot know if he will be able to live on his own, and he hasnt been able to.
his disease has progressed since age 22 and he has never supported himself financially ever.
I dont know how to explain this to the officer

I don't see any way to explain it. He applied for a study permit, which meant he basically said he is fully capable of moving to another country to live and study and take care of himself. He even stated he would return to support his parents. This is not a person who is dependent.

 

[canuck78]

Here's the problem. It's the timing of the dependency that IRCC are picking up on.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/dependent-children.html

Age and level of dependency
As of October 24, 2017, to meet paragraph (b) of the definition of “dependent child” under section R2, a child must be in one of the following situations:

• under 22 years of age and not a spouse or common-law partner
• 22 years of age or older, have depended substantially on the financial support of the parent since before the age of 22 and be unable to support themselves financially due to a physical or mental condition (it is the financial dependency that must have been ongoing since before the age of 22. It is not necessary for the physical or mental condition to have existed before the age of 22.)

Think it is more simple issue. Somehow the brother was able to pursue post secondary education on his own in another country just a few years ago. He would likely still be studying now but all of a sudden he is so dependent on his parents that he needs them to do everyday tasks.

 

[zardoz]

Think it is more simple issue. Somehow the brother was able to pursue post secondary education on his own in another country just a few years ago. He would likely still be studying now but all of a sudden he is so dependent on his parents that he needs them to do everyday tasks.

Yeah, I had just tweaked my response to cover the continuity aspect before you posted.