Question regarding Changes in dependent child age

[elreymateo]

My wife's son was 18 when I applied to sponsor her in March 2014 and we also included him in the application. We stated that he wouldn't be accompanying her at this time ,but we would like to sponsor him later. but now with the change in age of a dependent from under 22 to under 19, he will no longer considered a dependent when we try to bring him to Canada.
The question is because when we sent our application the age for being a dependent was under 22 will that definition of a dependent still apply to us since we applied before the changes went into effect in August 2014?

 

[zardoz]

My wife's son was 18 when I applied to sponsor her in March 2014 and we also included him in the application. We stated that he wouldn't be accompanying her at this time ,but we would like to sponsor him later. but now with the change in age of a dependent from under 22 to under 19, he will no longer considered a dependent when we try to bring him to Canada.
The question is because when we sent our application the age for being a dependent was under 22 will that definition of a dependent still apply to us since we applied before the changes went into effect in August 2014?

No. A new application for sponsorship is required and the old "lock-in" date is no longer relevant. Sorry...
If the existing application is still in progress, you may be able to change him to "accompanying" instead.

 

[Rob_TO]

Yep your only chance is if your wife's app is still being processed, and you must change her son's status from non-accompanying to accompanying, and get his PR at the same time as your wife.

If your wife's app is completed and she's already landed, then you would be out of luck and could never sponsor the son.

 

[taffy7]

ummmmmmmmmmmm my gcms notes states lock in date of dependent........ name xxxx.It also states not accompany and the reason. They just requested for a new schedule A for him also. It that because he is still a dependent A under the old law and he can change his mind before his dad gets his Pr which by the way he changes his mind every bloody week .

 

[Rob_TO]

ummmmmmmmmmmm my gcms notes states lock in date of dependent........ name xxxx.It also states not accompany and the reason. They just requested for a new schedule A for him also. It that because he is still a dependent A under the old law and he can change his mind before his dad gets his Pr which by the way he changes his mind every bloody week .

As far as I know your son's age is locked in (whether he's accompanying or non-accompanying) during the entire time your own PR app is processing. But as soon as you officially land, the file is closed, and as of that time he would need to re-qualify as a dependent under current rules to apply for PR on his own.

 

[taffy7]

As far as I know your son's age is locked in (whether he's accompanying or non-accompanying) during the entire time your own PR app is processing. But as soon as you officially land, the file is closed, and as of that time he would need to re-qualify as a dependent under current rules to apply for PR on his own.

Thanks Rob . Can he just land and go back home Rob?Then he could come back to fulfill his residency if he wishes?

 

[scylla]

As far as I know your son's age is locked in (whether he's accompanying or non-accompanying) during the entire time your own PR app is processing. But as soon as you officially land, the file is closed, and as of that time he would need to re-qualify as a dependent under current rules to apply for PR on his own.

This is 100% correct. The child's age is only locked in for the current application while it's being processed.

 

[Rob_TO]

Thanks Rob . Can he just land and go back home Rob?Then he could come back to fulfill his residency if he wishes?

Yes indeed. If he puts your address in Canada upon landing then you can receive his PR card, and courier to him wherever he is. He could leave immediately after landing if he wants.

Just make sure he doesn't stay outside Canada for longer than 3 years (out of 5) else he could have PR residency obligation problems later on.

 

[taffy7]

Yes indeed. If he puts your address in Canada upon landing then you can receive his PR card, and courier to him wherever he is. He could leave immediately after landing if he wants.

Just make sure he doesn't stay outside Canada for longer than 2 years (out of 5) else he could have PR residency obligation problems later on.

Ok thanks. I will talk to his dad my husband today and see if they want to go this way. I personally think its the only way. Give the boy a chance if he changes his mind.

 

[canuck_in_uk]

Just make sure he doesn't stay outside Canada for longer than 2 years (out of 5) else he could have PR residency obligation problems later on.

Correction. He can remain out of Canada for 3 years less a day after landing and still be able to meet the Residency Obligation.

 

[Rob_TO]

Correction. He can remain out of Canada for 3 years less a day after landing and still be able to meet the Residency Obligation.

Oops... yes typo corrected!