dependent children of Humanitarian and compassionate ground

[richie834]

Hi I want to know if my mother will have to sponsor me after she was landed even though i was on her application as dependent?

 

[scylla]

It depends. Were you listed as accompanying or non-accompanying? If you were listed as accompanying, then you should have received a PR visa at the same time as your mother. If you were listed as non-accompanying, she will have to sponsor you.

 

[Rob_TO]

Hi I want to know if my mother will have to sponsor me after she was landed even though i was on her application as dependent?

You need to confirm:
- how old are you now?
- when your mom did her application, did you also do a medical exam?

 

[richie834]

my mother applied for her PR card under Humanitarian and Compassionate ground, she received her landing in February and got her PR card in June. She is in Canada and i am in Jamaica. I am 31 years old and i did my medical in May 2013.

 

[scylla]

You're too old to be a dependent on your mother's application or to be sponsored by her. The only exception would be if you suffer from either a mental or physical illness that prevents you from being independent - and you are consequently financially dependent on your mother.

 

[richie834]

Her application was done before the changes in the Immigration took place. My mother's lawyer told her to get Transcript for me to show that i was dependent on her while doing full time studies. I sent the transcript to my mother to take to her lawyer. Will that still work?

 

[scylla]

You need to be able to prove that you have been a full time student from the time you were 22 until now (and that you are still in school full time right now). If you can prove this and have genuinely been in school full time from the age of 22 - then you have a chance. However you should expect CIC will look at your evidence extremely closely since 9 years is a long time to continue to be in school full time (I assume you've been working on a PhD?). I assume the transcripts you sent cover all of these 9 years and that you also provided further evdience that you're still in school full time now.

 

[Leon]

Her application was done before the changes in the Immigration took place. My mother's lawyer told her to get Transcript for me to show that i was dependent on her while doing full time studies. I sent the transcript to my mother to take to her lawyer. Will that still work?

If you had been listed as accompanying on her application, you would have gotten your PR at the same time so I assume you were listed as not accompanying with the option for her to sponsor you later.

However, the rules changed on August 1st so overage students are no longer considered dependent and can no longer be sponsored.

If you want PR, you will have to qualify by yourself.

 

[Rob_TO]

You need to be able to prove that you have been a full time student from the time you were 22 until now (and that you are still in school full time right now). If you can prove this and have genuinely been in school full time from the age of 22 - then you have a chance. However you should expect CIC will look at your evidence extremely closely since 9 years is a long time to continue to be in school full time (I assume you've been working on a PhD?). I assume the transcripts you sent cover all of these 9 years and that you also provided further evdience that you're still in school full time now.

I don't think any of this is possible. She would need to re-qualify under the new rules now if she wanted to apply, which doesn't include any allowances for people over 18 years old in school. She can't be sponsored by her mom at all.

 

[richie834]

thanks for the reply. I am going to ask her if i was listed as accompanying on her application

 

[scylla]

thanks for the reply. I am going to ask her if i was listed as accompanying on her application

If you had been listed as accompanying then you would have been issued a PR visa at the same time as she was. If you weren't given a PR visa at the same time as she was, then you were listed as non-accompanying.

 

[Leon]

There is one loophole that allows the mother to sponsor one other relative if she has no close relatives in Canada and no other closer relatives elsewhere that she is eligible to sponsor.