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Procedural Fairness letter : Dependent child

HK6

Full Member
Aug 5, 2018
28
0
Hello All,
I want to have your opinion on that, i have submitted a sponsorship for my mother in 2019 draw, my brother who is ""completely blind ""and 29 years old is financially dependent of my mom since he was born.
after 2 years of waiting to day i receive this letter:

*****************************************************
This refers to your application for permanent residence. Having reviewed your file and taken into
consideration your declarations, I have concerns that your son “XXXX XXXXX” does not meet the
definition of a dependent child as defined in Regulation 2 of the Immigration and Refugee Protection Act
(IRPA).
R2: Dependent child, in respect of a parent, means a child who
(a) has one of the following relationships with the parent, namely,
(i) is the biological child of the parent, if the child has not been adopted by a person other
than the spouse or common-law partner of the parent, or
(ii) is the adopted child of the parent; and
(b) is in one of the following situations of dependency, namely,
(i) is less than 19 years of age and is not a spouse or common-law partner, or
(ii) is 19 years of age or older and has depended substantially on the financial support of
the parent since before the age of 19 and is unable to be financially self-supporting due to
a physical or mental condition
Before rendering a decision, I am providing you with an opportunity to respond to my concerns.
Please submit any evidence, proof or information you would like in order to alleviate my concerns listed
above within ninety (90) days of this letter. This information can be submitted by courier to the address
listed below. Please be sure to include your file number.
***********************************************************************
Note i have provided tons of report to show his blindness and the unability to work, i am not sure what to do, did this happen to someone ?? what should i do first?
 

scylla

VIP Member
Jun 8, 2010
97,332
23,144
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello All,
I want to have your opinion on that, i have submitted a sponsorship for my mother in 2019 draw, my brother who is ""completely blind ""and 29 years old is financially dependent of my mom since he was born.
after 2 years of waiting to day i receive this letter:

*****************************************************
This refers to your application for permanent residence. Having reviewed your file and taken into
consideration your declarations, I have concerns that your son “XXXX XXXXX” does not meet the
definition of a dependent child as defined in Regulation 2 of the Immigration and Refugee Protection Act
(IRPA).
R2: Dependent child, in respect of a parent, means a child who
(a) has one of the following relationships with the parent, namely,
(i) is the biological child of the parent, if the child has not been adopted by a person other
than the spouse or common-law partner of the parent, or
(ii) is the adopted child of the parent; and
(b) is in one of the following situations of dependency, namely,
(i) is less than 19 years of age and is not a spouse or common-law partner, or
(ii) is 19 years of age or older and has depended substantially on the financial support of
the parent since before the age of 19 and is unable to be financially self-supporting due to
a physical or mental condition
Before rendering a decision, I am providing you with an opportunity to respond to my concerns.
Please submit any evidence, proof or information you would like in order to alleviate my concerns listed
above within ninety (90) days of this letter. This information can be submitted by courier to the address
listed below. Please be sure to include your file number.
***********************************************************************
Note i have provided tons of report to show his blindness and the unability to work, i am not sure what to do, did this happen to someone ?? what should i do first?
At this point you should really hire a very good immigration lawyer to help you with the response and what supporting evidence to include.
 

scylla

VIP Member
Jun 8, 2010
97,332
23,144
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello All,
I want to have your opinion on that, i have submitted a sponsorship for my mother in 2019 draw, my brother who is ""completely blind ""and 29 years old is financially dependent of my mom since he was born.
after 2 years of waiting to day i receive this letter:

*****************************************************
This refers to your application for permanent residence. Having reviewed your file and taken into
consideration your declarations, I have concerns that your son “XXXX XXXXX” does not meet the
definition of a dependent child as defined in Regulation 2 of the Immigration and Refugee Protection Act
(IRPA).
R2: Dependent child, in respect of a parent, means a child who
(a) has one of the following relationships with the parent, namely,
(i) is the biological child of the parent, if the child has not been adopted by a person other
than the spouse or common-law partner of the parent, or
(ii) is the adopted child of the parent; and
(b) is in one of the following situations of dependency, namely,
(i) is less than 19 years of age and is not a spouse or common-law partner, or
(ii) is 19 years of age or older and has depended substantially on the financial support of
the parent since before the age of 19 and is unable to be financially self-supporting due to
a physical or mental condition
Before rendering a decision, I am providing you with an opportunity to respond to my concerns.
Please submit any evidence, proof or information you would like in order to alleviate my concerns listed
above within ninety (90) days of this letter. This information can be submitted by courier to the address
listed below. Please be sure to include your file number.
***********************************************************************
Note i have provided tons of report to show his blindness and the unability to work, i am not sure what to do, did this happen to someone ?? what should i do first?
Just to add to my post above, it looks like your mother has been spending considerable time in Canada on a super visa. Has your brother / her son accompanied her to Canada on all of these trips or has he remained in his home country?
 

HK6

Full Member
Aug 5, 2018
28
0
Just to add to my post above, it looks like your mother has been spending considerable time in Canada on a super visa. Has your brother / her son accompanied her to Canada on all of these trips or has he remained in his home country?
HE remained in Lebanon during her visits to canada, but he was getting money to survive from her, he is "" financially dependent" from her not physically
 

scylla

VIP Member
Jun 8, 2010
97,332
23,144
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
HE remained in Lebanon during her visits to canada, but he was getting money to survive from her, he is "" financially dependent" from her not physically
Was he living independently when she was in Canada or with someone else?

I would work with a lawyer from this point forward. IMO this is not straight forward. Good luck.
 

canuck78

VIP Member
Jun 18, 2017
58,422
14,391
As @scylla has pointed out if he was able to live without your mother while your mother has been in Canada the argument will be that he can continue living in Lebanon independently and your mother can continue sending him money.
 
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