Suggestion Please

[aurobind]

My PR application is in CHC London with all supporting docs except IELTS results to be furnished, which will be ready by first week of March. This is based on old scheme. I am the Principle applicant with my wife and daughter as the two who will accompany me. My daughter aged 22 is a final year Engineering student and will graduate in April 2009 from Canada. She is eligible to get a work permit valid for three years, which she is planning to get in any case by April, and will take a job which ever comes on her way to remain in Canada. She can also sponsor us once she gets her PR later under CEC scheme. (Which she need to do it only incase my application gets rejected.)
Now my question is will her work permit add any value to my application if submitted to CHC London now? And
Will she remain my depending child if she holds a work permit pending graduation scheduled on May 28th?
What is the definition of a dependent child as per CIC deffenition?

 

[BobbyB]

Hi Aurobind,
Hope this will help:
Family members of skilled workers

Applications for permanent residence in Canada include:

• the principal applicant;

• their spouse or common-law partner;

• dependent child of the principal applicant or of their spouse or common-law partner;

• dependent child of a dependent child of the principal applicant or of their spouse or
common-law partner.

(The bold terms are defined in R1 and R2.)

Note: The age of accompanying dependent children is locked in on the date of application, but
dependence is not. If a child is under the age of 22 on the date of application but 23 when the visa
is issued, they may still be included as part of the parent’s application as an accompanying
dependent, as long as they still satisfy the other elements of the definition of a dependent child. If
a child over the age of 22 is considered a dependant on the date of application by virtue of
R2(b)(ii) or (iii), i.e., financially dependent due to full-time study or physical or mental condition,
then, the child must still meet the requirements of these provisions at the time of visa issuance in
order to be included in the parent’s application. See OP 2, Processing Members of the Family
Class, for more information on who qualifies as a dependent child.

Download the OP6.pdf and read it : This you will find on page 12

[size=10pt]
Disclaimer:
I am not an Immigration expert nor am I a Legal Advisor.[/size]

 

[aurobind]

Where do I find the original op 6.pdf?

 

[BobbyB]

http://www.cic.gc.ca/English/resources/manuals/op/op06e.pdf

 

[aurobind]

Thank you for the input on dependent children. I am looking forward to the input on work permit will it add to my application or will it fall under the seventh passing point.

 

[helpmeimmigrate]

I THINK YOUR QUESTION WASN'T ANSWERED CORRECTLY.
NO HER WORK PERMIT WILL NOT BENEFIT YOUR APPLICATION.

 

[MaXimuS]

and i think shes no longer your dependent after she graduated (not a 100% sure about this). check the CIC for dependent children. hope that gives some points to you.

cheers!

maximus

 

[helpmeimmigrate]

yes at the time of visa issuance if she is not a student she will not get the PR, so she better get enrolled in some other diploma if she wans to be part of your application or just get the work permit and apply for her PR seperate later under CEC

 

[helpmeimmigrate]

You know what I just realized that she should get the work permit and find a part time job, Also she should get admission in some one year diploma to remain full time student and be a part of your application. Believe me its a hassle to apply under CEC later. Wastage of funds it is.

 

[aurobind]

As per the defenition given for dependent is as follows:
Dependent children
Your child or a child of your spouse or common-law partner will be considered a dependent child if that child
A. is under the age of 22 and not married or in a common-law relationship; or
B. married or entered into a common-law relationship before the age 22 and, since becoming a spouse or a common-law partner, has
• been continuously enrolled and in attendance as full-time students in a post secondary institution accredited by the relevant government authority and
• depended substantially on the financial support of a parent; or
is 22 years of age or older and, since before the age of 22, has
• been continuously enrolled and in attendance as full-time students in a post secondary institution accredited by the relevant government authority and
• depended substantially on the financial support of a parent; or
C. is 22 years of age or older, has depended substantially on the financial support of a parent since before the age of 22 and is unable to provide for him/herself due to a medical condition.

In my case she is falling under
-22 years of age or older and, since before the age of 22, has been continuously enrolled and in attendance as full-time students in a post secondary institution accredited by the relevant government authority

So I think she need not have to worry. More over all the above is locked at the date and time of application and not at the time of issuing visa---- I suppose