I am going to speak to him this evening. I am in a no win situation really because what ever I say is misinterpreted as me not wanting her to go. Bit beyond that as she is there anyway. I just dont want it to all go wrong as there would be a real impact to her mental health.
Very worried!
- Thread starter lola2018
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I am going to speak to him this evening. I am in a no win situation really because what ever I say is misinterpreted as me not wanting her to go. Bit beyond that as she is there anyway. I just dont want it to all go wrong as there would be a real impact to her mental health.
There is no such thing as type A,B,C dependents anymore, this is old rule which is no longer in effect.
Now there are only 2 types of dependent allowed:
1 - Any child aged 21 and older (so before their 22nd birthday)
2 - Any child aged 22 or older with physical or mental condition causing them to be entirely dependent on their parents. This means they would be incapable of holding down a full time job or living on their own. Details on physical/mental condition needs to be professionally assessed and documented, with notes from doctor/specialist regarding their condition. If she is planning to live on her own, go to collect and get work, she is 100% not a dependent after she turns 22. IRCC will demand all this proof if he simply tries to claims her as a dependent under this rule.
So it's mandatory the app is sent in before her 22nd birthday, or she can never be sponsored.
This also assumes the reason she wasn't originally examined is because your ex submitted his own PR app during the time the dependent age was changed to 19 and under, which she didn't qualify for back then.
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The reason i get confused is because when i use the online tool - mentioned in a post above. It asks age and if I select 22 it then goes on to ask the financially dependent questions and comes up with type C so i didn't realise that was out of date.
SO taking what you say as the definitive position. He must apply before she turns 22. If he does - more than likely all ok. If he does not and she turns 22 then she has to require a significant level of support to be classed as independent and proof of condition etc.
If she is sponsored on the basis she needs high level of support - can't she work in the future at all?
Also - (sorry this is a minefield to me!) I found this:
Sponsorship of a dependent child who was not previously examined
All family members, whether they are accompanying the principal applicant or not, must be declared on the application and must be examined.
Under paragraph R117(9)(d), a child who was a non-accompanying family member of a permanent residence applicant and who was not examined as part of their parent’s application is ineligible to be processed as a member of the family class. However, if an application from a parent was received between August 1, 2014, and October 23, 2017, any child who was 19 or over and not dependent on their parents financially due to a physical or mental condition, was not defined as a dependent child and was therefore not required to be examined at that time, unless there was a lock-in provision.
SO - if he makes the application when daughter has turned 22 on the basis she has high level of need and is dependent. Then he is stuffed isn't he because if that was the case he should have included her in his own application by virtue of the fact she had those physical/mental needs - even though at the time she was over 19. In other words if she is dependent now she would have been then and he should have declared her. He clearly didn't as no medical!
Sponsorship of a dependent child who was not previously examined
All family members, whether they are accompanying the principal applicant or not, must be declared on the application and must be examined.
Under paragraph R117(9)(d), a child who was a non-accompanying family member of a permanent residence applicant and who was not examined as part of their parent’s application is ineligible to be processed as a member of the family class. However, if an application from a parent was received between August 1, 2014, and October 23, 2017, any child who was 19 or over and not dependent on their parents financially due to a physical or mental condition, was not defined as a dependent child and was therefore not required to be examined at that time, unless there was a lock-in provision.
SO - if he makes the application when daughter has turned 22 on the basis she has high level of need and is dependent. Then he is stuffed isn't he because if that was the case he should have included her in his own application by virtue of the fact she had those physical/mental needs - even though at the time she was over 19. In other words if she is dependent now she would have been then and he should have declared her. He clearly didn't as no medical!
That's a pretty unique situation, but yes it makes sense. If he was going to proceed down the route of her being a dependent over the maximum age, then he should have declared her in original app as such. The fact he didn't may make her completely ineligible to be sponsored this way, unless the physical/mental condition developed or worsened (with documented evidence) only after his own app was submitted..
But again, the fact she is even considering going to college, living on her own and getting a job, tells me there was zero percent chance she would ever be included under this category. This route is for those with serious disabilities that are solely reliant on their parents. IRCC would not take you at your word, they will demand proofs/evidence to support the claim. If she can work but chose not to in an attempt to make her seem more dependent then she is, this is walking down the line of fraud/misrepresentation.
So make sure the app is sent in before 22nd birthday, and her age will be locked in. Also make sure the app is thoroughly checked for accuracy, all signatures, all up-to-date forms, etc etc. If something is wrong and they return the app due to mistakes or missing forms, then if she's already over 22 it may be too late to re-submit it (whether they will keep her age locked in would be at discretion of visa officer).
Ok im going to give him a good kick later then as we need police checks etc to be done in time which i think take ten days..clock is ticking.
I think you submit the app first, and IRCC will later request police checks and medical exam.
As I said earlier, professional legal advice is indicated. This is a complex case and probably needs full disclosure, which would be inappropriate for this forum.
I agree. I have spoken to dad and explained and he has pretty much waved away all my concerns. he doesnt know why I am worried, it will be easy blah blah. I suspect he will just file the applications himself and not bother with a lawyer
We've done the best that we can. Please let us know how this works out. It might be helpful to others in a similar situation.I agree. I have spoken to dad and explained and he has pretty much waved away all my concerns. he doesnt know why I am worried, it will be easy blah blah. I suspect he will just file the applications himself and not bother with a lawyer
I really appreciate the help - been good to check my understanding on a few points
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