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Author Topic: Dependent child that has a common-law or live-in partner and over 22 y/o  (Read 339 times)
hugzoids11
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« on: March 26, 2011, 03:20:32 am »

Am I still admissable to go with my parents to Canada if I have a common-law or live-in partner and I am over 22 years old?
I am fully financially supported with my parents and I am a nursing grad and continuously studying college after I graduated taking up I.T.
I am now 24 years old going 25 this October soon.
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hugzoids11
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« Reply #1 on: March 26, 2011, 03:23:50 am »

we applied and had our papers latched on when I was still 19 y/o
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PMM
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Posts: 13867
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« Reply #2 on: March 26, 2011, 12:18:03 pm »

Hi

Am I still admissable to go with my parents to Canada if I have a common-law or live-in partner and I am over 22 years old?
I am fully financially supported with my parents and I am a nursing grad and continuously studying college after I graduated taking up I.T.
I am now 24 years old going 25 this October soon.

No.
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PMM
jamaicanincanada
Star Member
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Posts: 94
Ratings: +3
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 21-04-2011
AOR Received.: 03-08-2011
File Transfer...: 24-05-2011
Med's Done....: 01-03-2011
Passport Req..: 28-10-2011
VISA ISSUED...: 10-11-2011
LANDED..........: 10-11-2011

« Reply #3 on: March 26, 2011, 12:47:48 pm »

You may want to read this and see which applies to you

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp#children
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RobsLuv
Champion Member
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Posts: 1824
Ratings: +121
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.: Original:9May'07; Reprocess:7May'10
AOR Received.: Original:28Apr'07; Reprocess:26Apr'10
File Transfer...: n/a
Med's Request: Reprocessing:7May2010
Med's Done....: Jun2010
Interview........: n/a
Passport Req..: 30Nov2010!!
VISA ISSUED...: 31Dec2010!!
LANDED..........: 31Jan2011

« Reply #4 on: March 27, 2011, 01:53:56 pm »

Yes, wait - hold on.  The link above makes it pretty clear - but I pulled it directly from the Regs - part (b)(ii) - where someone who is married or in a common-law partnership is still defined as a dependent IF they have been continuously attending post-secondary schooling, and are financially dependent on the parent, since before turning 22 and/or since before marrying or becoming a c/l partner.  

I don't think it really matters that the application was received by CPC when the OP was 19 years of age - if s/he had married or entered into a c/l partnership without being a full-time student and financially dependent on the parents, then the relationship would make him/her ineligible as a dependent regardless of the age at the time the ap was submitted.  But if s/he has remained in post-secondary education and financially dependent since that time, AND since entering into the c/l relationship - the way I read the dependent definition, s/he would still be defined as a dependent in spite of being over 22 years and in spite of the c/l relationship.  The key is proof of continuous full-time studies, and financial dependence, since before turning 22 and since before the c/l relationship.

Here's the definition of a dependent from page 2 of the Regulations:

“dependent child”, in respect of a parent, means a child who

(a) has one of the following relationships with the parent, namely,

  • (i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or
  • (ii) is the adopted child of the parent; and

(b) is in one of the following situations of dependency, namely,

  • (i) is less than 22 years of age and not a spouse or common-law partner,
  • (ii) has depended substantially on the financial support of the parent since before the age of 22or if the child became a spouse or common-law partner before the age of 22, since becoming a spouse or common-law partnerand, since before the age of 22 or since becoming a spouse or common-law partner, as the case may be, has been a student
    • (A) continuously enrolled in and attending a post-secondary institution that is accredited by the relevant government authority, and
      (B) actively pursuing a course of academic, professional or vocational training on a full-time basis, or
    (iii) is 22 years of age or older and has depended substantially on the financial support of the parent since before the age of 22 and is unable to be financially self-supporting due to a physical or mental condition.
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Married 9'06, ap sent 3'07 & refused in 1'08 due to inadmissible son.  Won appeal 1'10.  Back in process 4'10, new meds req 5'10 - submitted in June.  New FBI submitted 8'10  Approved 30Nov2010! COPR recd 05Jan2011. LANDED 31Jan2011 YAY!
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