Need some clarification

[r51]

Hi there,

I am planning to get married this coming November. My fiancee will be bringing a depandant child age 22 or over but still registered as a full time student. As a sponsor can I sponsor the depandant child too in the same application?

FYI: the child has worked full time for about 3 years after graduating in Canada but has returned to school now for a different career in their home country.

PS: is it faster to do an inland to sponsorship to get an open work permit/study permit for both? or it is better to do it outland?

Thank you.

 

[scylla]

It doesn't sound like the child qualifies as a dependent from an immigration standpoint. To be included in the application, the child must have been a full time student continuously since turning 22. If the child worked for three years after graduating, then he/she doesn't fit the criteria.

 

[r51]

Thank you for your answer and help. I see so her dependant will not be considered as such because he worked in Canada on a work permit? Is that correct? But, he became a full time student now. It is really confusing and not clear but perhaps with your experience can provide me a better definition of what the website says:

Dependent children

A son or daughter is dependent when the child:

•is over the age of 22 and has been continuously enrolled as a full-time student and depended substantially on the financial support of a parent since before the age of 22

 

[zardoz]

The magic word is "continuously". That means no breaks from being a student, ever.
This is to prevent people who become "students of convenience" again after being non-dependent from getting past the restrictions.

Sorry, but I agree that he doesn't fit the official definition, so should not be added to the application.

 

[scylla]

The magic word is "continuously". That means no breaks from being a student, ever.
This is to prevent people who become "students of convenience" again after being non-dependent from getting past the restrictions.

Sorry, but I agree that he doesn't fit the official definition, so should not be added to the application.

Agreed. "Continuously" is the key word here.

R51 - Unfortunately the answer is very clear and the child is no longer a dependent for immigration purposes. If the child wishes to immigrate, he/she will have to do so independently.