Dependent child turning 22

[Leon]

1. Found 2 in other forums, Canvisa and BritishExpats. One was under 22 working full time, not living with parents and the other was in the Military. Refusal said that they were not dependent. No idea if they appealed or not.

Do you think they would have won an appeal based on lock-in age?

 

[Hello 123]

Maybe.... But then the Minister /CIC can appeal the that decision also.
It would again come back to another immigration officer....

time taken for all these appeals could be 1-2 years..

better to be on the safe side.

 

[Hello 123]

please see the following link

http://www.cic.gc.ca/ENGLISH/resources/manuals/op/op02-eng.pdf

Section 5.23 Page 19

It is not clear whether the dependent has to remain a student or not,
or if the dependent can take a job without ceasing to be a dependant.

Hope this clarifies.

regards

 

[Leon]

please see the following link

http://www.cic.gc.ca/ENGLISH/resources/manuals/op/op02-eng.pdf

Section 5.23 Page 19

It is not clear whether the dependent has to remain a student or not,
or if the dependent can take a job without ceasing to be a dependant.

Hope this clarifies.

regards

But because of the lock in age, this section would apply:

Dependent children under 22 years of age

• Is under 22 years of age and not a spouse or common-law partner
when the application is received by CPC-M; and
• without taking into account their age, they continue not to be
married or not involved in a common-law relationship at visa
issuance and when they enter Canada.

In OP1, it shows that lock-in date freezes the age.

The lock-in date is a reference point used to freeze certain factors for the purpose of processing applications.
...
If age is a factor that makes an applicant admissible, officers should use the applicant’s age on the lock-in date. As long as they are the right age on the lock-in date, they can surpass it before admission.

In any case, if you are worried about this, keep your children enrolled in some courses and make sure they continue to be full time students and financially dependent and then you have nothing to worry about.

 

[ajfaigao89]

Ratings: +0
Dependent Child Issue
« on: June 23, 2014, 05:05:04 am » Quote Modify Remove
i have a problem regarding my
mother's application for PR in
canada..she applied in aug.2011 and
she included me as dependent child
type A, cic received our papers on
the same month when i was 21,now
my problem is regarding the
continuos education because im
24years old now,would there be a
problem because im not studying
fulltime?i stopped studying when i
was 23.we already submitted our
papers and had our medicals
already,my mother's ECAS says "in
process"it also states there that
theres 72 days left before processing
is done.can somebody please help
me.please.its been bothering me for
years now.please help

 

[Rob_TO]

Ratings: +0
Dependent Child Issue
« on: June 23, 2014, 05:05:04 am » Quote Modify Remove
i have a problem regarding my
mother's application for PR in
canada..she applied in aug.2011 and
she included me as dependent child
type A, cic received our papers on
the same month when i was 21,now
my problem is regarding the
continuos education because im
24years old now,would there be a
problem because im not studying
fulltime?i stopped studying when i
was 23.we already submitted our
papers and had our medicals
already,my mother's ECAS says "in
process"it also states there that
theres 72 days left before processing
is done.can somebody please help
me.please.its been bothering me for
years now.please help

Type A dependents have absolutely NOTHING to do with being in school or not. The only requirements is a Type A dependent can't get married or become common-law before PR is granted.

 

[ajfaigao89]

hi rob,are you sure?im sorry, i was just scared because i might be left out alone.btw,CPC-vegriville recieved my moms pr application in aug.2011., and just started processing it in oct.2013,we submitted all the docs they needed and had our medicals done as well since april this year.our papers are being processed within canada because instead of sending us the kit.,they sent it to my mom instead.

 

[ajfaigao89]

and btw,i was 21,my sister was 20 with 2kids and my brother was 18 when my mom applied for PR with us.

 

[Rob_TO]

and btw,i was 21,my sister was 20 with 2kids and my brother was 18 when my mom applied for PR with us.

You are a Type A dependent. Look up the definition of Type A, and it doesn't say anything about schooling. That is only for Type B which does NOT apply to you.

If your sister is married or in a common-law relationship with father of her kids, then she needs to be REMOVED completely from your mom's application immediately.

 

[ajfaigao89]

but the problem is our papers have already been recieved including our medicals.the ECAS says "in process"maybe i should have my mom call the cpc-vegreville. i just hope and pray that our papers which has no issues will not be affected.

 

[Rob_TO]

but the problem is our papers have already been recieved including our medicals.the ECAS says "in process"maybe i should have my mom call the cpc-vegreville. i just hope and pray that our papers which has no issues will not be affected.

It doesn't matter if app is already in process. If a situation has changed (such as your sister becoming married or common-law), you MUST inform the visa office IMMEDIATELY.

They will simply remove her from the application, and the rest of you will continue on to get PR as normal. The earlier you tell them of changes, the quicker the whole process will be.

 

[ajfaigao89]

the second child of my sister born 2012 was just forcedly included by my mom in her application when the cic sent my mom the kit in february 2014 containing the docs we need to submit including the medical request thinking that everything would be ok, the first child born 2009 was already included in the application since 2011.

 

[mangosix]

I'm still confused about the rules regarding whether the Type A dependent (whose age was locked-in at the time of application) must CONTINUE TO BE A FULL-TIME STUDENT or may start working.

 

[scylla]

Type A can work and doesn't have to continue as a full time student. However they cannot get married.

 

[mangosix]

Type A can work and doesn't have to continue as a full time student. However they cannot get married.

Thanks scylla! I'm just afraid that if I take the firm's offer and eventually I'll be having a Tax Identification No. (TIN), it may be traced.

Another thing; since our papers are still In-Process and we are waiting for Passport Request, I'm a little bit paranoid that they MIGHT require us to fill-up IMM5669 for the 3rd time and I'd have to declare that I worked. Wouldn't it be a ground for inadmissibility?

P.S. I was thinking of working and studying full-time for precautionary purposes. Is a good idea?

Sorry if I asked a lot, i just don't want to put everything my family worked hard for in jeopardy and in vain. Thanks a lot, Scylla!