Sponsoring a child over 22

[Onecha]

I sponsored my son when he was 19,he was grated his permanent resident visa, but then he got seriously sick and needed extensive treament, so he couldn't come and his visa expired, Now he is fine, but he is 27 so I am unable to re-sponsor him due to his age, he is very limited as to what jobs he can do, but he is not technically "disabled" Can anybody elaborate more on what this condition for sponsorship actually means:

A child over the age of 22 is considered a "dependant child" if he/she depended substantially on the financial support of a parent since before the age of 22 because of a physical or mental condition. ( how much of a physical or mental disability does the child have to show in order to qualify under this condition, what kind of proof is required? Thanks

 

[Rob_TO]

I sponsored my son when he was 19,he was grated his permanent resident visa, but then he got seriously sick and needed extensive treament, so he couldn't come and his visa expired, Now he is fine, but he is 27 so I am unable to re-sponsor him due to his age, he is very limited as to what jobs he can do, but he is not technically "disabled" Can anybody elaborate more on what this condition for sponsorship actually means:

A child over the age of 22 is considered a "dependant child" if he/she depended substantially on the financial support of a parent since before the age of 22 because of a physical or mental condition. ( how much of a physical or mental disability does the child have to show in order to qualify under this condition, what kind of proof is required? Thanks

If he can do any job and live on his own, pretty sure he would not be classified as disabled. You would need doctors notes and an official assessment stating he's disabled.

 

[Onecha]

Thank you for your reply, but my concern is that it doesn't say explicitly that the child has to be "disabled" it says "depend substantially" not "completely dependent", so in my opinion if they are able to do light duties and have some sort of independence they would qualify but I am not sure. I feel this is a gray area and unfortunately I have found no way of getting a clearer explanation. If I send in the application and pay the fees and then whoever evaluates the application does not agree with whatever evidence is presented for his dependency, I would be losing my money, wasting my time and most importantly shattering my son's dreams to come and live with me.

 

[Rob_TO]

Thank you for your reply, but my concern is that it doesn't say explicitly that the child has to be "disabled" it says "depend substantially" not "completely dependent", so in my opinion if they are able to do light duties and have some sort of independence they would qualify but I am not sure. I feel this is a gray area and unfortunately I have found no way of getting a clearer explanation. If I send in the application and pay the fees and then whoever evaluates the application does not agree with whatever evidence is presented for his dependency, I would be losing my money, wasting my time and most importantly shattering my son's dreams to come and live with me.

Here is from the operating manual: http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf
10.3 Assessing dependent children
Child 19 years of age or older and
dependent due to a physical or
mental condition

The CPC-M or the local CIC
should carefully examine documents provided as
proof that the child has, since before the age of 19 –
and continues to have – a physical or mental
condition that renders him or her incapable of
supporting themselves and dependent on either
parent for financial support.

True it is a little vague on specifics. You could possibly consult with a lawyer experienced with dependent sponsorship to see if they have experience with previous cases. At a minimum though, I'm pretty sure you will need to show doctors reports or from specialists that they indeed have some "physical or mental condition". So they should have a diagnosis of something.

 

[mikeymyke]

What is the nature of your son's disability?

 

[Onecha]

He had a nasal pharyngeal tumor which was removed with radiation but as a result he is unable to be in hot, dusty, humid or any irritant conditions, he is also a little unsteady when walking due to damage caused by radiation.

 

[scylla]

Can he live independently? Can he hold down a job?

 

[screech339]

I don't think having a removed tumor and unsteady walking constitutes as being totally dependent on the parents. This does not prevent the son from being able to hold a job and support himself financially. The son have been living on his own and thus is not considered the parents' dependent.

 

[Onecha]

Well, he has been living with his mom with whom I have been divorced for over 20 years now, and as far as supporting himself financially, truth is he has been doing some small home-based computer business, mostly for feeling "useful" but financially speaking I still support him from here as I send money every other month for his basic expenses. That's why this "immigration option" is so vague because the interpretation of what " depend substantially" actually means is open for different interpretations, my point is he did have his visa and could have come if he had not gotten sick, at that time he was dependent due to his age, now he is dependent due to his physical limitations that do not necessarily make him totally disabled.

 

[Leon]

The way you describe him it doesn't sound like he's severely disabled. He is slightly limited in what kind of jobs he can do and unsteady walking is not a problem in many jobs. Maybe the problem is that he is being coddled by his mother and allowed to sit around the house and do very little because he was sick instead of getting a swift kick in the behind to go out and make something of his life.

Have you been there to visit him to actually see his situation yourself and try to figure out what he can do? Maybe you can set him up with a small business at home or figure out what kind of job or studies he should go for that would be beneficial to him.

Also keep in mind that the current rules say age 19 and before age 19 he must have gotten sick. They will be changed to 22 again sometime in October so whatever you do, don't apply before then.

 

[Rob_TO]

my point is he did have his visa and could have come if he had not gotten sick, at that time he was dependent due to his age,

This is 100% irrelevant now. All that IRCC will care about, is his situation today.

now he is dependent due to his physical limitations that do not necessarily make him totally disabled.

If he can earn an income and live on his own, he would most likely be rejected as a "dependent' in any app submitted today.

Read the definition I linked to above: renders him or her incapable of supporting themselves. This category of an over-age dependent is typically reserved for extreme situations where there is a specific diagnosed disability, and supported by doctors or specialists conclusions that he is unable to live on his own. It really doesn't sound like he would qualify. Although it doesn't hurt to submit an app and try, all you'll lose out on are the processing fees.

 

[h.mht.1991]

This is 100% irrelevant now. All that IRCC will care about, is his situation today.



If he can earn an income and live on his own, he would most likely be rejected as a "dependent' in any app submitted today.

Read the definition I linked to above: renders him or her incapable of supporting themselves. This category of an over-age dependent is typically reserved for extreme situations where there is a specific diagnosed disability, and supported by doctors or specialists conclusions that he is unable to live on his own. It really doesn't sound like he would qualify. Although it doesn't hurt to submit an app and try, all you'll lose out on are the processing fees.

Hi,

That’s so important for me to find the answer, previously thankful for helping.
What is the exact definition of a dependent child who is eligible to be sponsored? The definition of immigration site for children over 22 is not clear.
I worked for a few years after 22, but always supported by family for housing. I’ve been unable to work for some time due to mental condition and mom supports me. Am I eligible to be sponsored by her? Mother & two brothers are in Canada & father is deceased.


Thanks in advance

 

[scylla]

Hi,

That’s so important for me to find the answer, previously thankful for helping.
What is the exact definition of a dependent child who is eligible to be sponsored? The definition of immigration site for children over 22 is not clear.
I worked for a few years after 22, but always supported by family for housing. I’ve been unable to work for some time due to mental condition and mom supports me. Am I eligible to be sponsored by her? Mother & two brothers are in Canada & father is deceased.


Thanks in advance

Please stop posting the same question over and over again.

 

[YVR123]

Please stop posting the same question over and over again.

He even posted to 2014 discussion...