Complicated Sponsorship

[TheAntiBody]

Good night every one,

My name is yonatan , im 21 years old and i arrived Canada almost 9 month ago from Israel .

Served in the Israeli army for 2 years and right after I'm done i flew over here with a work permit ( salesman ) .

My mom lives here for about 3+ years and got married with Canadian guy .

1 week ago she completed the Permanent resident process and received her temporary resident until January 15th .

She sent me the government document which says that she will be soon permanent resident , and there is a statement about me :

"for your Dependant, Yonatan , to be removed from your application for permanent
residence. Please note that as your family member listed has been excluded from examination
he cannot at any time in the future be sponsored by you for Permanent Residency in Canada".

I researched a little bit on the internet and i found out that if i have a family member , in this case my mom a permanent resident so i can be a pr also , but it will take 12-18 month of processing while i wait for it i will receive an open work permit .

The reason i mentioned I've been in the army is because i know that when my mom began the permanent process(June 2011) , she needed to sign me as her family member in that case( her independent child). she didn't sign me , because i already
Recruitment to the army ( since August 2010) : for people that doesn't know , it's a rule and a must in Israel to serve in the army when you reach the age of 18 and once I'm inside , i cant get outside until i finish my service. and that makes me wondering why the government don't want me to be sponsored by her in the future.

I really appreciate your time and your help and I'm sorry for my bad English .
Thank you very much and have a good night !

 

[Worried2008]

Looks like you were not medically examined while her PR was in process that's why you are excluded from the application.

Now the rule has changed recently before it was 22 years now 18 years to be a dependent of your parent.

 

[amikety]

You aren't eligible to be a dependant on her application. If you're over the age of 21, the only way you could've been a dependant is if you were a full time student when she filed and continued to be a full time student until she lands. I do understand military isn't a choice in Israel - but these are the rules. Moreso, you have a work permit and are presumably working. That automatically makes you independent. She cannot sponsor you as a dependant. There are no provision to sponsor adult, independent children.

If you aren't examined this would bar you further - but since you aren't eligible, it doesn't matter.

You may want to investigate ways to immigrate independently. If you decide to pursue another option, you may get points for having a parent in Canada. She could also help support you if you decide to become a student.

 

[zardoz]

Looks like you were not medically examined while her PR was in process that's why you are excluded from the application.

Now the rule has changed recently before it was 22 years now 18 years to be a dependent of your parent.

The new rule has been announced but does not come into force until next year. http://www.gazette.gc.ca/rp-pr/p1/2013/2013-05-18/html/reg1-eng.html

In this case is seems likely that he has fallen into the R117(9)(d) trap because he was not available to be medically examined. He cannot therefore be sponsored by his mother.

 

[Worried2008]

Right
Yes then that's the only reason.

 

[frege]

My mom lives here for about 3+ years and got married with Canadian guy .

1 week ago she completed the Permanent resident process and received her temporary resident until January 15th .

She sent me the government document which says that she will be soon permanent resident , and there is a statement about me :

"for your Dependant, Yonatan , to be removed from your application for permanent
residence. Please note that as your family member listed has been excluded from examination
he cannot at any time in the future be sponsored by you for Permanent Residency in Canada".

I don't understand - Are you saying that your mother has received the PR visa, but hasn't yet gone through the "landing" process? (After an applicant receives the "permanent resident visa" or "confirmation of permanent residence" (COPR) - for Israeli citizens it's a COPR - they still need to "land". This means going through a formal procedure to become a permanent resident.)

If this is correct and your mother isn't yet a permanent resident, you can probably still ask your mother's husband to sponsor both her and you. They would need to submit the application before your 22nd birthday, and before the date the law changes to reduce the maximum age of dependants from 22 to 19 (currently proposed to be Jan. 1, 2014). You also need to be unmarried.

This process would probably involve your mother withdrawing the current application and submitting a new one with her husband. This will delay her immigration to Canada, but is worth it if she wants you in Canada with her.

If your mother becomes a permanent resident (by "landing") with the COPR the way it is now, it will be too late for you to be sponsored to Canada. It will never be possible.

If your mother has not yet become a permanent resident, and you would like to immigrate to Canada, please explain this to her and suggest obtaining immediate legal advice about the proper course of action BEFORE she lands.

 

[frege]

You aren't eligible to be a dependant on her application. If you're over the age of 21, the only way you could've been a dependant is if you were a full time student when she filed and continued to be a full time student until she lands. I do understand military isn't a choice in Israel - but these are the rules. Moreso, you have a work permit and are presumably working. That automatically makes you independent. She cannot sponsor you as a dependant. There are no provision to sponsor adult, independent children.

If you aren't examined this would bar you further - but since you aren't eligible, it doesn't matter.

You may want to investigate ways to immigrate independently. If you decide to pursue another option, you may get points for having a parent in Canada. She could also help support you if you decide to become a student.

He says he's 21 and the maximum age is 22. (I.e., you need to be under 22.) I don't agree with you that he's not eligible.

As things stand, if his mother hasn't landed yet, he can be sponsored by her husband. If she waits to have him examined, she may not have time to become a permanent resident and then sponsor him herself, before he turns 22 or the regulations lower the age to 19.

 

[scylla]

As things stand, if his mother hasn't landed yet, he can be sponsored by her husband. If she waits to have him examined, she may not have time to become a permanent resident and then sponsor him herself, before he turns 22 or the regulations lower the age to 19.

No - he can't be sponsored by her husband.

If the mother hasn't landed yet, then the ONLY option at this point would be for his mother to return the PR visa that has been issued to her and inform CIC that she wants to add her son back to her application. They would then have to submit all of the forms and supporting documentation for the son and wait until CIC completes their review of his paperwork and then issues visas for both the mother and son. If the mother lands using the PR visa she has now - it's done. Her son can never be sponsored by her (or her husband).

If the mother has already landed. Then it's too late. He can never be sponsored.

 

[frege]

No - he can't be sponsored by her husband.

If the mother hasn't landed yet, then the ONLY option at this point would be for his mother to return the PR visa that has been issued to her and inform CIC that she wants to add her son back to her application. They would then have to submit all of the forms and supporting documentation for the son and wait until CIC completes their review of his paperwork and then issues visas for both the mother and son. If the mother lands using the PR visa she has now - it's done. Her son can never be sponsored by her (or her husband).

I can't really tell whether we're in disagreement or not.

If the mother's COPR has already been issued but she hasn't landed, I think the application would have to be withdrawn and the husband would need to submit a new application sponsoring her and her son. Once a COPR has been issued, my impression is it can't be changed, barring exceptional circumstances such as an error by CIC. So it might well take a whole new application.

If the COPR hasn't been issued, then I'm not certain whether it would be necessary to withdraw the current application, as opposed to simply asking to have the son examined within the current application.

 

[scylla]

I can't really tell whether we're in disagreement or not.

If the mother's COPR has already been issued but she hasn't landed, I think the application would have to be withdrawn and the husband would need to submit a new application sponsoring her and her son. Once a COPR has been issued, my impression is it can't be changed, barring exceptional circumstances such as an error by CIC. So it might well take a whole new application.

If the COPR hasn't been issued, then I'm not certain whether it would be necessary to withdraw the current application, as opposed to simply asking to have the son examined within the current application.

I see what you are saying now. I think we are generally in agreement. However if the CORP has been issued I think a valid option would be to return the CORP (rather than withdrawing the whole application) and asking for the son to be added back to the application. We've seen numerous cases here where CORPs have been returned after being issued so that a change can be made to the file. There was an example of this the other day in the FSW section of the forum where a couple had a new baby. A couple of months back someone else added a new wife. Granted, this is a different situation. However in the past, people have certainly been successful in returning their CORP and adding someone to their file.

 

[frege]

I see what you are saying now. I think we are generally in agreement. However if the CORP has been issued I think a valid option would be to return the CORP (rather than withdrawing the whole application) and asking for the son to be added back to the application. We've seen numerous cases here where CORPs have been returned after being issued so that a change can be made to the file. There was an example of this the other day in the FSW section of the forum where a couple had a new baby. A couple of months back someone else added a new wife. Granted, this is a different situation. However in the past, people have certainly been successful in returning their CORP and adding someone to their file.

The example of a baby being born after a visa is issued is in fact explicitly provided for in OP 2, Section 7.7. Both situations you mentioned are ones where the applicants can't be faulted for the situation.

In the OP's case, the mother first declared him as non-accompanying and would now (hypothetically) like to make him an accompanying family member. This could be regarded by CIC as being her fault. It's true that the above section of OP 2 says the following:
"Non-accompanying family members can become accompanying family members on an application of a person applying in the family class during the processing of an application." However, when exactly does "processing" end, and are there any conditions that apply? How exactly do the forms need to be filled out, and how can you find out quickly whether the application has been accepted as valid by CIC?

Given the tight deadlines (the earlier of the OP's 22nd birthday and Jan. 1, 2014), any mistake could be very serious, because there might not be time to submit another application after a lot of back-and-forth. That's why I'm suggesting talking to a lawyer. I'd want to be absolutely certain I was doing things right.

Also, I think it might be easier for both the OP and the mother to trust professional advice.

 

[scylla]

I missed the bit about the birthday. I agree. There's very little wiggle room here and legal advice is a very good idea.

We are, of course, assuming the mother is willing to postpone her landing to sort all of this out and cooperate.

 

[zardoz]

Re: the question about processing. I think that it has been upheld by case law, that "processing" ends only when the applicant "lands" and countersigns the CoPR in the presence of the IO at the PoE. Until that very very last step, it's still being "processed".

 

[Worried2008]

Where is antibody?
If I am in a situation I check Canada v millions time to see any response from other member.

 

[zardoz]

Where is antibody?
If I am in a situation I check Canada v millions time to see any response from other member.

Maybe he bumped into a "body" and they vanished in a flash of Gamma rays?