Ok, I think I've got this figured out ~ but just realized that I have to provide information about my children who are both over the age of 18 and not dependent. My oldest recently got a DWI ~ neither one of them have any intention of immigrating to Canada. Is this going to affect my application?
Adult Children's Criminal Record
- Thread starter brftrobin
- Start date
If your children are under the age of 22 they are dependants under Canadian Immigration Legislation.
5.13. Who qualifies as a dependent child?
R2 and Section 6 in this chapter describe who qualifies as a dependent child. In order to meet R2(b)(i) of the definition of “dependent child”, a child must be under 22 years of age and not a spouse or common-law partner on the date when the IMM 1344AE is received by CPC-M, and not a spouse or common-law partner when the visa is issued, and when they arrive in Canada.
I suggest you real OP2 http://www.cic.gc.ca/english//resources/manuals/op/op02-eng.pdf section 5:10 and 5:11 for information on non-accompanying family members.
5.10. Non-accompanying family members
Applicants must declare all family members when applying for a visa and must again declare all family members, whether accompanying or not, prior to obtaining permanent resident status. Permanent residents who did not declare all their family members on their application are reportable under A44(1) [see also “Sponsor who may be subject to an A44(1) report” (section 10.5 below) and “Misrepresentation” (section 5.22 below)]. In addition, all family members, whether accompanying or not, must be examined, unless the appropriate officer determines that they are not required by the Act or the former Act to examine the family member [R117(10)]. Family members who were not declared and examined are excluded from the family class and may not be sponsored at a later date as per R117(9)(d) unless R117(10) applies.
Non-accompanying family members must undergo medical examinations. They must also establish that they are not inadmissible for criminal or security reasons. If the requirement for minimum necessary income is applicable, sponsors must demonstrate that they can support all family members, including non-accompanying family members
5.13. Who qualifies as a dependent child?
R2 and Section 6 in this chapter describe who qualifies as a dependent child. In order to meet R2(b)(i) of the definition of “dependent child”, a child must be under 22 years of age and not a spouse or common-law partner on the date when the IMM 1344AE is received by CPC-M, and not a spouse or common-law partner when the visa is issued, and when they arrive in Canada.
I suggest you real OP2 http://www.cic.gc.ca/english//resources/manuals/op/op02-eng.pdf section 5:10 and 5:11 for information on non-accompanying family members.
5.10. Non-accompanying family members
Applicants must declare all family members when applying for a visa and must again declare all family members, whether accompanying or not, prior to obtaining permanent resident status. Permanent residents who did not declare all their family members on their application are reportable under A44(1) [see also “Sponsor who may be subject to an A44(1) report” (section 10.5 below) and “Misrepresentation” (section 5.22 below)]. In addition, all family members, whether accompanying or not, must be examined, unless the appropriate officer determines that they are not required by the Act or the former Act to examine the family member [R117(10)]. Family members who were not declared and examined are excluded from the family class and may not be sponsored at a later date as per R117(9)(d) unless R117(10) applies.
Non-accompanying family members must undergo medical examinations. They must also establish that they are not inadmissible for criminal or security reasons. If the requirement for minimum necessary income is applicable, sponsors must demonstrate that they can support all family members, including non-accompanying family members
AllisonVSC
Champion Member
- Nov 5, 2009
- 64
- 124
- Category........
- Visa Office......
- Buffalo - Conjugal Partner
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 11-08-2009
- Interview........
- waived
- VISA ISSUED...
- 04-11-2009
- LANDED..........
- 04-11-2009
You must declare all your family members (accompanying or not) when you apply and when you receive your PR. And they must be available for examination for admissibility, including medical exams, even if they have no intent to ever come to Canada. Misrepresentation by not declaring them could have implications on whether you receive your PR and/or whether you will be able to maintain your PR status once achieved.
The DWI of your oldest child will likely have little influence on the PR decision. If your children do not make themselves available for examination (I think the immigration officer handles this on a case by case basis), you could still receive your PR and they could be permanently excluded. That decision will be made by the IO after all reasonable attempts to examine them have been exhausted. As far as I can tell, you as applicant to not have the option to waive the right to sponsor nor can you choose to exclude them from consideration.
This is MY interpretation of the OP2 referenced by Siouxie. If I have mis-spoken I hope someone will correct my error. You should also read carefully the parts of this document which relate to your situation.
Best of luck with your application.
The DWI of your oldest child will likely have little influence on the PR decision. If your children do not make themselves available for examination (I think the immigration officer handles this on a case by case basis), you could still receive your PR and they could be permanently excluded. That decision will be made by the IO after all reasonable attempts to examine them have been exhausted. As far as I can tell, you as applicant to not have the option to waive the right to sponsor nor can you choose to exclude them from consideration.
This is MY interpretation of the OP2 referenced by Siouxie. If I have mis-spoken I hope someone will correct my error. You should also read carefully the parts of this document which relate to your situation.
Best of luck with your application.