Family Class sponsorship - dependent child of over 22 year of age

[Anh]

Hello everyone,

I am really grateful if someone can give me an advice regarding my case of dependent child over 22 years old.

My brother, a current Canadian citizen, has sponsored my whole family for immigration in Canada. In 2005, immigration officers received my father's application forms, while I was 22 years by 10 months old. However, at that time I was still studying at the university and depended on the parents' financial support.

Lately, my family in Vietnam have received a letter from Immigration officer notifying that I will be removed from my father's application due to my not meeting the definition of a dependent child according to Canada Immigration Regulation. They give the reasons that I was not under 22 years old and has not been "continuously enrolled in and attending a post-secondary institution that is accredited by the relevant government authority" since attaining age 22.

Can you advice me what things I should do to get them reconsider their decision since they also stated they grant us within 60 days to submit any documents prior to their final decision base on their existing information on my family file at that time.

I just have 32 days left to submit documentary evidence!!!

Tks a lot,

Anh

 

[CharlieD10]

There are 2 reasons they are removing you:
1) You appear not to have been continuously enrolled in school
2) The school you are attending does not comply with CIC's definition of a post-secondary institution accredited by relevant government authorities.

You have to show neither applies in order for them to reconsider. You need to provide copies of your transcripts for your enrollment since you started university, and you need to show that your university is accredited by the government authority responsible for such things. Otherwise, you will be removed as over-age and not sponsorable.

 

[Anh]

Hi Charlie,

Tks for your very helpful advice.

Actually, the university that I had been studying belongs to Vietnam national university - Ho Chi Minh that already shown on the transcripts. Based on your advice, besides the transcripts, I need to provide them a document stating my university accredited by the relevant government authority; it it right?
If yes, let advise me how they define 'the relevant government authority' so that I can prepare the right thing?

Many thanks for your quick reply in advance,

Anh

 

[Leon]

In order to fulfil the criteria of being a dependent child, you must show that you are studying full time since before the age of 22 and that you are still dependent on the financial support of your parents and that you are not a spouse or a common law partner. Can you get a professor at your university to write a letter on your behalf stating that you have been studying full time all this time? Can you get financial records to prove that your parents are still supporting you?

 

[Anh]

Tks Leon for the advice!!!

Regarding the evidence of financial support by parents, it is difficult for me to provide such evidence since in Vietnam, we don't use credit cards, checks or any financial documents commonly. Most of parents just support their children in cash. Thereby, I don't have any evidence to show it.

I don't know what to deal with this problem? Please advise me!!!! Tks so much if someone experience the same situation like me.

Anh

 

[Leon]

In that case, could you get your professor to add to the letter that you are unable to work alongside your studies because they are so demanding and therefore you are reliant upon the support of your parents?

And of course a statement from your parents too where they state that you are studying full time and have been studying full time without a break since before the age of 22 and that they are still supporting you financially.

Do you also have printouts from your university regarding your grades, exams, courseload etc. for each semester? Include copies of all of them since before you turned 22.

 

[mel_n]

Just thinking... are your studies free or is there a tuition? If there is a tuition and some sort of document demonstrating your parents are paying these fees, it may help your case. Likewise for books or any other materials.

I know you mentioned there is little paper trace, but maybe something you can find.

 

[Pari4u]

only one question to you are you still enrolled in university and studding ? because as from your post i see that when your parents file the applications you were over your age 22. so in your case i see that you have to show the fulltime study before your age 22 and even after as well and current too. it said in the CIC web sites. if you are dependent over age 22 while you submit the applications. you needs to prove that you are full time students before the age of 22 and also currently till you get your PR approved. if you have any miss of yours you won’t be acceptable as fulltime student.

you may refferd below webcites whre you can find the such cases as yours.

http://www.canlii.org/eliisa/search.do?language=en&searchTitle=Search+all+CanLII+Databases&sortOrder=relevance&searchPage=eliisa%2FmainPageSearch.vm&text=family+class+rejections+on+not+being+full+time+student+for+dependent&id=&startDate=&endDate=&legislation=legislation&caselaw=courts&boardTribunal=tribunals


http://www.canlii.org/eliisa/highlight.do?text=family+class+rejections+on+not+being+full+time+student+for+dependent&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/ca/irb/doc/2010/2010canlii74231/2010canlii74231.html

 

[Anh]

From 2002 to 2006, I had been studying in the first university (under full-time regular system). I got its detailed academic transcript in each semester. From 2007 to now, I have been studying another university (Regular university) and I am going to graduate in 2012. Will I be qualified with their definition 'has continuously enrolled in & attending a post-institution'?

I plan to provide them the following documents:
- one certified copy of academic transcript of the first university
- one certified copy of bachelor degree of the first university
- certified copy of the government decree on founding of the first university
- one certified copy of letter to affirm that I have been in the period of educational programs in the second university
- one certified copy of academic transcript of the second university so far

Should I have to include any other documents?

Tks

Anh

 

[Anh]

Someone advised me that to get higher reconsideration from Visa officer, I should mention that when my family (father, mother, and younger sister) settle down in Canada, I will be the only child left in Vietnam and with the love of father, difficult to see my daughter living alone in Vietnam without family around, then hope the Visa officer to take into this account.

Should I do that when attaching the sentiment in the letter? If I do that, will it work?

Tks,
Anh

 

[Leon]

Someone advised me that to get higher reconsideration from Visa officer, I should mention that when my family (father, mother, and younger sister) settle down in Canada, I will be the only child left in Vietnam and with the love of father, difficult to see my daughter living alone in Vietnam without family around, then hope the Visa officer to take into this account.

Should I do that when attaching the sentiment in the letter? If I do that, will it work?

Tks,
Anh

You can try that but I don't think immigration will consider that since you are an adult and capable of taking care of yourself. If you were not a full time student, your parents would not be able to sponsor you. Keep in mind that to have a chance, you must stay a full time student so when you graduate this year, you must enrol in something else unless you already have your PR.

If you do not succeed, your parents can move to Saskatchewan or Manitoba and sponsor you under PNP after they have lived there for one year.

 

[Pari4u]

i agree with Leon on this, also from your previous post the documents you are saying you going to submit, try to get the letter from the both uni that you are full time student and studing,you should also send the documents which can support saying that you are still finacially depndent on your parents. for example collage fees, bank statement, etcc. if you dont have that you can get notarized letter from your parents where they can state that you are finacially depndent on them.
tc and good luck