Dependent

[ACP10]

Hi! My husband filed in express entry and our permanent residency was approved last Feb 2017. I'll be leaving my twin sons who are now 22 yrs old.his agent advised him upon filing that they are no longer minors that's why they were not included in the application.can we now apply for family class sponsorship and declare as dependent since they are still studying?

 

[ACP10]

Hi! My husband filed in express entry and our permanent residency was approved last Feb 2017. I'll be leaving my twin sons who are now 22 yrs old.his agent advised him upon filing that they are no longer minors that's why they were not included in the application.can we now apply for family class sponsorship and declare as dependent since they are still studying?

Can someone help me please?

 

[Leon]

They are no longer dependent children. As far as I can google, they plan to make the change from under 19 to under 22 effective as of October this year and it will not be retroactive for old applications. Also, I don't see any plans in there to bring back overage students. More like they will keep the Type 1 and Type 2 dependents and just change the age.

Under the 2014 rules, your children would have been eligible as Type B dependents. My advice, have them continue to study until you see in October if they bring back overage students. If they do, you can sponsor them once you get your PR. If they don't, they will have to find their own way to immigrate.

Here are the current type's of dependents listed as in after the 2014 change and before the 2014 change.

Type 1
The dependent is under the age of 19 and single (not married and not in a common-law relationship).
Type 2
The dependent is 19 years of age or older, has been financially dependent on a parent since before the age of 19 due to a physical or mental condition.


The following types of children are for applicants who started an immigration process before August 1st, 2014.

Type A
The dependant is under the age of 22 and single (not married and not in a common-law relationship).
Type B
The dependant has been continuously enrolled in and in attendance as a full‑time student at a post-secondary institution accredited by the relevant government authority and has depended substantially on the financial support of a parent either:

• since before the age of 22, or
• since marrying or entering into a common-law relationship (if it happened before the age of 22).

Type C
The dependant is 22 years of age or older, has depended substantially on the financial support of a parent since before the age of 22, and is unable to provide for himself or herself because of a medical condition.

 

[ACP10]

They are no longer dependent children. As far as I can google, they plan to make the change from under 19 to under 22 effective as of October this year and it will not be retroactive for old applications. Also, I don't see any plans in there to bring back overage students. More like they will keep the Type 1 and Type 2 dependents and just change the age.

Under the 2014 rules, your children would have been eligible as Type B dependents. My advice, have them continue to study until you see in October if they bring back overage students. If they do, you can sponsor them once you get your PR. If they don't, they will have to find their own way to immigrate.

Here are the current type's of dependents listed as in after the 2014 change and before the 2014 change.

 

[ACP10]

Hi Leon!thank you for providing to complete info.Regards!