Sponsoring my parents. Another question about non-accompanying members.

[make-it-easy]

Hi everyone!
I swear, I looked all over the place before posting this. Although I was sure that my case was classic, I could not find any answers.

The situation is simple. I want to sponsor my parents. I also have a sister who is 22.

Right now she qualifies as a dependant due to her finantial dependency of our parents as well as her full-time studies. But the studies are not going to last long. She graduates in 2011. As the rules say "she must still be enrolled in the full-time academic program at the time when the visa is issued" and unfortunately this is not going to happen due to the 3 years of sponsorship eligibility assessment plus 2 years of the applicants' review.

In the light of the foregoing, I think there is no point including my sister as a dependant in the applications. What do you think by the way?

I got stuck at IMM 1344A, Section C, question 4: "Non-Accompanying family members".
The question is do I have to include my "kind-of-not-dependant" sister in this section?
Do I have to include her anywhere else?

Thank you very much!

UPDATE: corrected my typo in the "king-of-not-dependant" sister. Should be "kind-of-not-dependant" sister.
Thank you steaky for pointing this out! I had a good laugh =))) "king-of-not-dependant"...

 

[steaky]

Can you rephrase your question?

 

[Leon]

She is over 22 so you do not have to include her but you could if you wanted to.

See http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf pages 15 and 16 where it says:

"R2(b)(ii) & (iii) describe children over the age of 22 who may be considered dependent children if they are substantially dependent on their parents for financial support."

So because it says "may be", it is up to you if you want to include your sister or not. If you did want to include her, you would have to provide proof that she is a full time student and single and that she receives substantial financial support from your parents as opposed to taking student loans or working a part time job. They would continue to ask for that information for the next 4 or 5 years while the application is in process.

 

[make-it-easy]

Can you rephrase your question?

hahhaha, I just read my own post. Had a good laugh and then updated the OP. Thanks!
What I basicaly meant is that right now my sister qualifies as a dependent child. However her "status" won't last long because she graduates in July. This is why I referred to her as "kind-of-not-dependant". Unfortunately for us she has to remain qualified as a dependant for the whole length of the case processing. The first part of the question was to ask your opinion about how to start filling the forms up - to include my sister as a dependant or non-dependant? I know that if I include her as a dependant, it will be ok now, until she graduates, which means that the whole application will be rejected at that time. I just was hoping to hear from you guys any exceptions, that could work for her.

Anyway, I am looking into the option #2 right now, to include her as a non-dependant.

The second, most important question was if my sister does not qualify as a dependent child and she can not accompany my parents due to her ineligibility, do I need to include her in the Section C, question 4 "non-accompanying family members" of the IMM 1334A (Application to Sponsor and Undertaking) form?

She is over 22 so you do not have to include her but you could if you wanted to.

See [...]/op02-eng.pdf pages 15 and 16 where it says:

"R2(b)(ii) & (iii) describe children over the age of 22 who may be considered dependent children if they are substantially dependent on their parents for financial support."

So because it says "may be", it is up to you if you want to include your sister or not. If you did want to include her, you would have to provide proof that she is a full time student and single and that she receives substantial financial support from your parents as opposed to taking student loans or working a part time job. They would continue to ask for that information for the next 4 or 5 years while the application is in process.

Exactly. Starting from July 2011 my sister will not be a student anymore. Therefore, as of July 2011, she will cease to qualify as a dependant. Since there are no other exceptions/options to "keep her dependency" for another 5 years, I will need to start filling up the applications only for my parents. This is sad but what can we do...

As I mentioned above, the most important question for me at this time is if my sister does not qualify as a dependent child and can not accompany my parents due to her ineligibility, do I need to include her in the Section C, question 4 "non-accompanying family members" of the IMM 1334A (Application to Sponsor and Undertaking) form? Some resources say that the Section C (4) refers to non-accompanying spouses, common in law partners and DEPENDENT CHILDREN of the principal applicants, while other resources refer to non-accompanying spouses, common in law partners and CHILDREN of the principal applicants (the word dependent is not mentioned)

The guide doesn't say anything either.

Please help.

 

[Leon]

From my understanding, if she is over 22, it is your choice if you consider her a dependent child or not if she qualifies. Therefore you would not have to include her in non-accompanying. She will go on your parents additional family information as an adult child.

If you or your parents later live in SK or MB or your province starts a family stream under their PNP, you may be able to sponsor her through that.

 

[make-it-easy]

Thank you Leon!

The thread can be closed as all my questions have been answered.

I will start another topic under the Family Class Sponsorship category, about the Sponsorship Agreement and IMM 1344A Section A, Q1, so that I don't flood this one.

Again, thank you all!