Dependent has a baby - can the baby come later

[suenim]

Hi all. I am asking on behalf of friends. The wife is sponsoring her husband and CIC should make a decision soon. He was two kids back home and he is living here with the wife. The application was put in before the kids turned 22. One of them had a baby but is NOT in a common law relationship or married.

The due to the baby, the sponsor now has to meet LICO (which may not be enough). Some people were saying that they could still sponsor the two dependents (without the baby) and after the child is able to... she could file for her baby. The medical was done for everyone... including the baby.

Anyone has any experience with this issue or any suggestions on how to approach. A decision has not been made as yet. I am concerned that if the baby is non accompanying... then the mom cant sponsor him after. Any advice is welcome.

Thanks.

 

[scylla]

The baby must be included in the application - either as an accompanying or non-accompanying dependent. Regardless of how the baby is included in the application, the baby will have to pass the medical and will increase LICO by 1. In other words, even if the baby is non-accompanying, the sponsor must still be able to show sufficient LICO to cover everyone including the baby.

 

[bigredmoose]

How old are the dependents and when was the application received? The rules changed as of Aug 1 2014, they can not be older than 19. Only exception is if they are dependent on the applicant due to physical/mental disability.

http://www.cic.gc.ca/english/department/media/notices/2014-06-23.asp

 

[bigredmoose]

The baby must be included in the application - either as an accompanying or non-accompanying dependent. Regardless of how the baby is included in the application, the baby will have to pass the medical and will increase LICO by 1. In other words, even if the baby is non-accompanying, the sponsor must still be able to show sufficient LICO to cover everyone including the baby.

Agreed

 

[suenim]

How old are the dependents and when was the application received? The rules changed as of Aug 1 2014, they can not be older than 19. Only exception is if they are dependent on the applicant due to physical/mental disability.

http://www.cic.gc.ca/english/department/media/notices/2014-06-23.asp

The application was submitted before the new rules... in 2013. So according to CIC, the ages are locked in.

 

[suenim]

The baby must be included in the application - either as an accompanying or non-accompanying dependent. Regardless of how the baby is included in the application, the baby will have to pass the medical and will increase LICO by 1. In other words, even if the baby is non-accompanying, the sponsor must still be able to show sufficient LICO to cover everyone including the baby.

Thanks. What if the dependant with the baby is listed as non accompanying... will LICO still need to be met

 

[MilesAway]

Thanks. What if the dependant with the baby is listed as non accompanying... will LICO still need to be met

Yes.

 

[scylla]

Thanks. What if the dependant with the baby is listed as non accompanying... will LICO still need to be met

Yes - LICO must cover both accompanying and non-accompanying dependents.

 

[suenim]

Yes - LICO must cover both accompanying and non-accompanying dependents.

Wow. So... since a decision has not been made yet... the dependants can still be removed from the application and just the applicant processed? They are over 18 now. I have been searching for this info but cannot find much about it.

 

[bigredmoose]

Wow. So... since a decision has not been made yet... the dependants can still be removed from the application and just the applicant processed? They are over 18 now. I have been searching for this info but cannot find much about it.

No. They MUST be included but can be listed as non-accompanying. They will still need medicals.

Expect MAJOR problems if they aren't listed, a including multi-year ban for misrepresentation.

 

[scylla]

No. They MUST be included but can be listed as non-accompanying. They will still need medicals.

Expect MAJOR problems if they aren't listed, a including multi-year ban for misrepresentation.

Actually - if any of the dependents are now 19 years of age or older - they can be completely removed from the application.

 

[suenim]

No. They MUST be included but can be listed as non-accompanying. They will still need medicals.

Expect MAJOR problems if they aren't listed, a including multi-year ban for misrepresentation.

Well CIC would still know about them under the "other family members" section. They are just not being sponsored. They are not trying to misrepresent themselves.

 

[suenim]

Actually - if any of the dependents are now 19 years of age or older - they can be completely removed from the application.

Thanks scylla. I've been searching but can't find any links about removing dependents. If you could share any links that would be great. I'm hoping they can get it done before a decision is made. Thanks.

 

[bigredmoose]

Well CIC would still know about them under the "other family members" section. They are just not being sponsored. They are not trying to misrepresent themselves.

Right - but from the way the OP was talking, it sounded like they were going to just not list them or something.

 

[suenim]

Right - but from the way the OP was talking, it sounded like they were going to just not list them or something.

I'm the OP. I pointed out that they were already on the application submitted in 2013. There's no way to not list them or make CIC unaware of them. No-one was trying to misrepresent themselves.