Dependent children

[PALU]

Hello everyone,

I have a question about this dependent child over 22 years old. If you could clarify me about this, I would really appreciate it.

My brother sponsored my Dad (principal applicant) and his dependents i.e. my mom and younger sister. (Just for information, I am asking this question on behalf of my younger sister. I was not dependent on my parents at the time of sponsorship since I was married and doing job, so I was not included in the application). It’s my DAD, MOM and younger sister who have been sponsored by our Brother who is a Canadian citizen. .


Some series of events:
April 2009 – Brother submitted papers of Sponsorship in CPC-M Mississauga
June 2009 – He got acknowledgement of his sponsorship from CPC-M
May 2011 – Application with CPC-M. They asked for few documents like marriage certificate of my dad, some documents from my brother which they sent them across.
May 2013 – we got a letter from Delhi (home country of applicant) stating that your application has been transferred to us.
Jan 2014 – We got a letter from Delhi asking us for some additional documents like medicals done, Police clearance Certificates and some forms like IMM008 etc.

We are now in the process of gathering the required documents.

This question is about my younger sister. At the time the application for sponsorship was submitted (i.e. in April 2009), she was 20 years old and single.
She is not married yet and currently holds the same status i.e. single.


In IMM008 form, asked what type of dependent is my sister.
Shall we write ‘Dependent type A’ as she was less than 22 years of age and single at the time the application was submitted?

Or shall we write ‘Dependent type B’ as she is now more than 22 years of age, single and studying?

We are confused about this bit.

Also, will there be a requirement for her to be continuously enrolled in full time school/college?

Please if someone could clarify and help me with this, please help! Thanks

 

[screech339]

The daughter will be dependent A if the application is submitted before she turns 22. She is dependent B, if the daughter is 22 or over and that she has been taking education studies prior to turning 22 continuously. No breaks in between semesters. If she took a break between semesters then she doesn't qualify.

If she is dependent B, she would have to keep studying full time right up to the time she gets her visa to come to Canada. No breaks.

Hope this answer your questions.

 

[PALU]

Thanks very much for your prompt response!!
We were very much stressed about this. Now we know that that she will be 'Dependent Type A' (as she was 20 years of age in 2009 and single and still holds the same status).

There is one question though. Will it matter if her study is continuous even after 22 years of age or it doesn't matter in her case she is dependent type 'A'.? She has turned 22 in March 2011.

Actually my only worry is that she coildn't attend her college for few months in 2011 due to her medical illness. At that time, our file was in progress. So it was a break of few months. but before and after that period, she has been continuosuly going to college as a full time student. If she is depedent type 'A', I think these series of events wont matter in her case. Could you please confirm this and share your views?

We have also got a letter from Delhi few days back asking for few additional documents to assess the case. One of which is as below:

Updated EDUCTATIONAL DOCUMENTS of your accompanying dependent(s)22 years of age and above at the time of sponsorship:
1. Original birth certificates,
2. Copy of all pages of dependents current and previous (if applicable) passport
3. ORIGINAL education documents such as
for your dependent(s)

First, 8th , 10th and 12th certificates
Educational documents such as:
Original mark sheets and certificates
Diploma and degree certificates
A Letter from institute stating his/her present curse of studies

do we need to provide the above document in her case? or is this just for 'depedent type B?

 

[screech339]

If CIC has received the application with daughter being dependent A, under 22, it doesn't matter if the daughter attends school or not. The age of daughter at time of CIC receiving the application is locked down.

 

[PALU]

Thanks for the clarification. So this means, we shouldn’t provide any of the above mentioned educational documents as they are for children above 22 years of age (at the time of sponsorship) and is not applicable to my sister.

Sorry to bother you again but there is one more confusion that is bothering us:
Schedule A Background/Declaration (IMM5669)
Point 7 (Education)
Point 8 (personal history since the age of 18 or past 10 years whichever is recent)

Since there was a gap of few months in her study, she couldn’t go to college due to her medical illness. It was the 3rd year (last year) of her Bachelor’s degree. Eventually due to shortage of attendance, the college didn’t allow her to sit in the examination.

She then started recovering and filled the forms for 3rd year examination independently (i.e. without college i.e. as a private student). She didn’t have any other option at that time as she didn’t want to loose her year of studies and somehow wanted to appear for the examination.
Though she was admitted to her college in the last year, but due to shortage of attendance, she couldn’t appear in the examination from college behalf, how shall we mention this period in the background/Declaration form?

Is there any chance of this having any negative impact on her visa issuance?

As you mentioned earlier, since the age is locked in at the time of CIC receives your application, (which is 20 for her), so the rules of ‘Dependent A’ must apply to her.
Also when a dependent falls into type A, there is no restriction on her studies. It just says that he/she shouldn’t be married at the time of visa issuance. Age doesn’t matter at the time when visa is issued since it is already locked in at the time of application submission. Sometimes, it takes 4-5 years to get a visa, and the dependent child (of type A) attains the age of 22 during the period of 5 years (i.e. application submission- visa issuance), still the only thing that they check is ‘single’ status.

There is no rule written as far studies are concerned. So shouldn’t matter whether you are enrolled into studies or not even after attaining the age of 22.

Is my understanding correct?

Ideally even if we mention what happened in reality for that period of time, it should not have any impact on her via issuance. But in reality how is this treated at the immigration office?

I think the information is just for their background knowledge and declaration purpose. Do they interpret any other thing from this?

What do you think of her situation?

 

[screech339]

As for 7 education: list the time she was in school. You can have gaps in education period. Write down what you told me.

As for 8. Since no gaps is allowed. For the period she was unable to attend school due to medical reason, write down "unemployed". As she was not working nor was she in school at the time.

You are correct in that she must remain single during the entire time. She cannot be living with anyone else for more than 12 months as she would be considered common law. She must not get married or becoming common law.

If in the event she got pregnant and has a baby of her own, she is still qualified for family class. However she must inform CIC of this change before any COPR or landing. Also the sponsor would have to reevaluate the lico income requirement to add another family member and thus must maintain the new lico requirement based on the additional baby.

I hope this helps.

 

[PALU]

Hey thanks so much for resolving all my queires in such a short period of time! Much appreciated!
This is fine in case of my sister.

could you please guide me about point 7 and 8 on Background/Declaration form for my father and mother?
They both have never gone to school. so for Education (point 7), shall i write N/A in all the rows?

Related to Point 8 (personal History), my mother has been a house wife all through her life. Is it right to write 'House Wife' under Activity column for her or do you recomend anything else?

Similarly for my father, she used to do agriculture (own land) but for the past few years, he has left that and given the land to lease. He has never been in any job. Currently he is at home and just living life like a retired person. What do you suggest me in his case undr 'Activity' column?
also in the past 10 years, both my father and mother went to Canada to visit my brother. They were there for arounf 4-5 months during each stay and were on a visitor visa. What should i write under 'Activity' column for both of them?

 

[screech339]

Here is what I don't get. The application has already been submitted and your brother didn't submit the IMM5669 with the application. I am surprised it didn't get returned due to incomplete application package.

 

[MofC2014]

Here is what I don't get. The application has already been submitted and your brother didn't submit the IMM5669 with the application. I am surprised it didn't get returned due to incomplete application package.

The reason is that many of the forms were not part of the parent sponsorship prior to 2011 and even if they were, they are now almost 5 years old. Also as so many years passed even if IMM5669 was filled out, it would be now almost 5 years since CIC received it, so Now the VOs are asking everyone to fill in these forms again so they can correctly process the background/security checks.

 

[PALU]

Yes that may be the case. They have asked us to provide the updated information.
May be because it was filled 5 years back.
Could you please now answer my questions?

 

[screech339]

Yes that may be the case. They have asked us to provide the updated information.
May be because it was filled 5 years back.
Could you please now answer my questions?

As per guide 5772, if no diploma was issued, write N/A. So in your parents case, write N/A under education.

For personal history:

Your parents, I would stick with unemployed or retired.

For the travel time in Canada, write travelling for activity. Use the canadian address where they were staying at. Yours or your brother.

Just to keep in mind, if possible, you may want to cross reference to the first IMM5669 formed completed 5 years ago so that they both line up in history/background information.