dependent child need assistance please!thanx

[chasley]

..my sister graduated last march 2010 and her age at that time is 20 and  my mother just submitted the papers  last march 2011..as far as i know she is still dependent to my mother because she is under 22 years old and not married but i just want to ask if is she required to enroll again in a university until the final process or until she recieve the visa?what if by the time she recieve the visa she is already over 22?is it possible?

[dorisiana]

hi i hope this can help..

Dependent children

A son or daughter is dependent when the child:

....is under the age of 22 and does not have a spouse or common-law partner;
....is over the age of 22 and has been continuously enrolled as a full-time student and depended       
    substantially on the financial support of a parent since before the age of 22;
....became a spouse or a common-law partner before the age of 22 and has been continuously 
    enrolled as a full-time student and depended substantially on the financial support of a parent
    since becoming a spouse or common-law partner, or
....is over the age of 22 and depended substantially on the financial support of a parent since before
    the age of 22 because of a physical or mental condition.

[dorisiana]

thanx for the info


so you mean she dont need to enroll in a university?but what if by the time she recieve the visa she is 23 or older is she still consider to be a dependent child to her mother?

the age is locked from the time that the visa office starts processing the paper.. and she doesn't need to be enrolled, as long as you can prove that she is still dependent with your mom there's no problem.. as far as i know..

[chasley]

thanx for the info


so you mean she dont need to enroll in a university to be a full time student?but what if the processing is too long and of corse the age of my sister will also getting higher? so is there any possibilty that the application will be disregarded? im just very worried...

[dorisiana]

thanx for the info


so you mean she dont need to enroll in a university to be a full time student?but what if the processing is too long and of corse the age of my sister will also getting higher? so is there any possibilty that the application will be disregarded? im just very worried...

here's some info that I found:

During this process, your sister must be enrolled in a post secondary institution and fully financially dependent on your parents.

OR

If she get married before 22 while the application is in process, since becoming a spouse, she must be enrolled in a post-secondary institution as a full time student
AND financially dependent on your mother.

OR

She is 22 yrs old or above, you still need to proof that you continuously has been studying since at the age of 21.

So, one thing is common that You must be continuously studying since your application started processing.

[dorisiana]

another:

Quote from: chasley on July 01, 2011, 09:30:50 pm

hi im 21.years old now and im under the family class sponsorship of my mother..im turning 21 when my mother submitted the papers to the embassy and i just need some advices if do i have to enroll a certain corse or  do i hve to be a full time student for me to be consider as a dependent child for in fact im already graduated and passed the board exam already..

answer:
Your age is 'locked in' at the date the application is received by the government, in your case 21. So you do not have to continue to study. However, you cannot get married or live common-law until the processing of the application is finished and you have received the PR.


AND ANOTHER:

In order to meet R2(b)(i) of the definition of “dependent child”, a child must be under 22 years of age and not a spouse or common-law partner on the date when the IMM 1344AE is received by CPC-M, and not a spouse or common-law partner when the visa is issued, and when they arrive in Canada.
...
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. This includes full-time students enrolled in accredited post secondary institutions or children with a physical or mental condition. In such cases, officers must ask for documentary evidence of full time attendance at school, evidence of the institution's accreditation with the relevant authority, evidence of the physical or mental condition and evidence of financial dependency on parents.

[lovely20]

thanx for the info


so you mean she dont need to enroll in a university to be a full time student?but what if the processing is too long and of corse the age of my sister will also getting higher? so is there any possibilty that the application will be disregarded? im just very worried...

Yes your sister does not need to be enrolled in a university if the papers were received by Mississauga before she turned 22.  The studying part only applies to children who are 22 at the time of the filing.  She can work and be considered a dependent at the time the paper was filed, that's where the lock-in age comes into effect, however she cannot get married or be in a common-law relationship (living in with someone).  She will lose the "dependent child" status if she marries or be in a common law reltionship.