Application declined due to questionable dependency.

[mmmkaye]

Hi,

My aunt has sponsored her family in the Philippines. Everyone was approved except her son who is 26 years old. One of the requirements to pass as a dependent is to be enrolled in school full-time. There were some semesters that he did not go to school because no one will watch over the youngest sister and they couldn't really afford to pay for someone to watch over her. Due to missed semesters, his application has been denied.

My aunt has been living away from her family for three years and we thought that the family can finally be reunited.

We were wondering if there is something that can be done to appeal this decision. Any help will be greatly appreciated.

[mmmkaye]

I really really need help on this. I really hope someone could give us any information that could help so that we know what do next.

[rjessome]

Doesn't matter what the reason is, he didn't meet the criteria.  Best advice would be to hire a consultant or lawyer (a GOOD one) and ask them to make an application for Humanitarian & Compassionate considerations.  Doubtful you will win but it's your only shot.  Unless of course the boy can apply as a skilled worker if he meets that criteria.

[mmmkaye]

Do you think talking to an MP will make a difference?

[rjessome]

No.  He didn't meet the criteria.  An MP can't change the law.

[RobsLuv]

That's right - the MP has no clout.  A "dependent" over the age of 22 has to have been enrolled in school full time and continuously since turning 22 years of age or s/he is not eligible to be sponsored. 

[Leon]

What they could do with the long term plan to sponsor him is to take up residence in Alberta, Manitoba or Saskatchewan since these provinces all have family stream components in their provincial nominee programs.  These provinces allow a person to sponsor their adult child as long as other requirements are met such as having lived in the province for 1-2 years etc.

[edwin1266]

hello guys,
   i have also a question to all of you,
   my kids were not enrolled last school yr june  2008 because we think that our application for PR visa will be approved and we can travel canada early 2009, coz our friend also a caregiver has been approved, her family landed in canada last dec 2008, and it just a few mos. gap from our filing of application,         but were wrong. and we admit to that,,,it was our fault that our kids did'nt enrolled.
latter on aug. 2008, i received the Application form from CIC manila and i noticed that one of the rquirements is that: the children were presently enrolled in school,,so, good thing that we did'nt received any  notice from the CIC mnila coz if that happend last year im pretty much sure that we're going to fail.
but now they were back into to school 2009,
   my question is that,,, could it be affect our application for not enrolled last school year?
hope somebdy will help me clarify that case of my children

thanks
1266

[Leon]

It can only affect your application if your children are 22 or older.  If they are under 22, they are still dependent children whether they are in school or not.  If they are 22 or older, they are only dependent if they are full time students continuously since before the age of 22.

[edwin1266]

leon,

thank you very much!!!
were on our  10th mos,( 15-20mos) LC2 family class,
my e cas Nov.19, 2008 start in process.
thank u and God bless

1266