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Denied application, what should I do?

OdesaDream

Newbie
Feb 22, 2016
4
0
Hello to everyone visiting this thread.
I live in Ukraine, Odesa, I'm 19 y/o. My father moved to Canada in 2013, in 2015 he applied to sponsor a family member (his son, me). He received a letter on the 16th of February, 2016.
Dear *father's name, surname*:
This refers to the Application to Sponsor a Member of the Family Class you submitted to this office on behalf of *my name, surname* and family (if applicable),

We have reviewed your application and regret to advise that you are not an eligible sponsor for the following reason(s):
[*]The applicant is not a member of the Family Class because he/she does not meet the definition of a dependent child pursuant to regulation 2. As such you do not meet regulation 130(1)(c). Please refer to Immigration and Refugee Protection Regulations below for details.
[*]Given this ineligibility issue, we have not reviewed any other sponsorship criteria at this time. In the event the visa officer considers processing the application for permanent residence, he/she will notify this office and a full review of all sponsorship eligibility requirements will be done. You may be contacted for additional information should that occur.
[*]
You indicated on your sponsorship application that you wish to continue with its processing regardless of any ineligibility. As such, the Application for Permanent Residence for your relative(s) has been forwarded to a visa office abroad for consideration.

Your ineligibility to sponsor will be a significant factor in the assessment of the Application for Permanent Residence for your relative(s). A final decision regarding that application shall be made by a visa officer and will be communacated to you and your relative.
Appeal will be issued as applicable by the visa office. Please note that the Right to Appeal may only be exercised after the visa officer has rendered a final decision.
And Visa Contact Info below this text in quote-code.

What we can do in this situation? Thanks for any help.
 

scylla

VIP Member
Jun 8, 2010
97,243
23,062
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
Were you 19 years old at the time your father sponsored you?

Did your father declare you in his application to come to Canada and were you medically examined as part of his application process?
 

screech339

VIP Member
Apr 2, 2013
7,887
553
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
OdesaDream said:
Hello to everyone visiting this thread.
I live in Ukraine, Odesa, I'm 19 y/o. My father moved to Canada in 2013, in 2015 he applied to sponsor a family member (his son, me). He received a letter on the 16th of February, 2016.And Visa Contact Info below this text in quote-code.

What we can do in this situation? Thanks for any help.
How old were you when your father submitted the sponsorship dependent application. You said, you are 19 years old. That doesn't mean a lot, you could be just turning 19 years old before CIC received the application. The only reason I can see CIC denying your father PR sponsorship for you is that you turned 19 years old before CIC received your PR application.

Please elaborate more on when you turned 19 years old and when CIC officially received the application.
 

OdesaDream

Newbie
Feb 22, 2016
4
0
scylla said:
Were you 19 years old at the time your father sponsored you?

Did your father declare you in his application to come to Canada and were you medically examined as part of his application process?
My father sent all documents on June 13, 2015, when I was 18 y/o. But they received them on June 23rd, 2015. My birthday was on June, 20.
Yes, I was medically examined as part of application process and he declared me as well.
 

screech339

VIP Member
Apr 2, 2013
7,887
553
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
OdesaDream said:
My father sent all documents on June 13, 2015, when I was 18 y/o. But they received them on June 23rd, 2015. My birthday was on June, 20.
Yes, I was medically examined as part of application process and he declared me as well.
Then you are no longer his dependent. You no longer qualified for PR family sponsorship. Had your father sent the application a few days earlier and CIC received it before you turned 19, you would have been okay.

But why the 10 day delay in application package reaching CIC's office? Did he send the package by regular mail?
 

scylla

VIP Member
Jun 8, 2010
97,243
23,062
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
OdesaDream said:
My father sent all documents on June 13, 2015, when I was 18 y/o. But they received them on June 23rd, 2015. My birthday was on June, 20.
Yes, I was medically examined as part of application process and he declared me as well.
In that case you were correctly refused since you were too old to be sponsored. The application needed to reach CIC while you were still 18. There is nothing to appeal and nothing you can do to change this decision.

The Liberal government has talked about increasing the dependent age again to under 22 years old. If this happens, then your father should sponsor you again. Unfortunately we don't know if / when this will happen.
 

OdesaDream

Newbie
Feb 22, 2016
4
0
So, there's no chance to prove them, that he sent a letter on June, 13, before I turned 19? Yes, he used a regular post.
There are no other ways to immigrate? Like student programs or something like this?
 

scylla

VIP Member
Jun 8, 2010
97,243
23,062
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
OdesaDream said:
So, there's no chance to prove them, that he sent a letter on June, 13, before I turned 19? Yes, he used a regular post.
There are no other ways to immigrate? Like student programs or something like this?
It doesn't matter when the application was put in the mail. All that matters is when the application was received by CIC. Since your application was received after you turned 19 - it was too late. Your father should have couriered the application.

There are a number of different ways to immigrate to Canada. Pretty much all of them (apart from Family class) require at least one full year of paid work experience - typically in a skilled occupation or trade. You can find more information about these programs here: http://www.cic.gc.ca/english/immigrate/apply.asp
 

Rob_TO

VIP Member
Nov 7, 2012
11,426
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
OdesaDream said:
So, there's no chance to prove them, that he sent a letter on June, 13, before I turned 19? Yes, he used a regular post.
There are no other ways to immigrate? Like student programs or something like this?
If you only had a limited number of days before you would become disqualified as a dependent, then he should have used a quicker courier to ensure it got to CIC before your birthday.

Your best bet is probably just to sit back and wait until the Liberals raise the age of dependents back to age 21 and under. It should happen sometime in the next few years, and when it does your dad can simply file a new application.
 

fr33z3n

Star Member
Mar 11, 2015
62
3
OdesaDream said:
So, there's no chance to prove them, that he sent a letter on June, 13, before I turned 19? Yes, he used a regular post.
There are no other ways to immigrate? Like student programs or something like this?
You can apply to a university in Canada and if you get accepted can apply for a student visa. after you complete your studies you may be eligible to apply for PR