Dependent Children age for Parent Sponsorship

[mifmis]

Dear Friends,

I have few questions regarding Parent sponsorship application. would appreciate your invaluable feedbacks.

1. I landed in Canada during Feb2010 and in a steady job since then. Can I apply for the Parent sponsorship right now or do I need to wait for 12 months, because in the Financial evaluation form, they are asking for 12months proof which I dont have or can I apply and show the financial proof from my county living before landing in Canada.

2. While applying for parent sponsorship, can I include my brother who is turning 18yrs on Sep 6th 2010 as a dependent child under my father (principal applicant). I am not clear what is the age limit for dependent children is it 18 or 22 yrs.

Thanks a ton..Cheers..!

[PMM]

Hi

Dear Friends,

I have few questions regarding Parent sponsorship application. would appreciate your invaluable feedbacks.

1. I landed in Canada during Feb2010 and in a steady job since then. Can I apply for the Parent sponsorship right now or do I need to wait for 12 months, because in the Financial evaluation form, they are asking for 12months proof which I dont have or can I apply and show the financial proof from my county living before landing in Canada.

2. While applying for parent sponsorship, can I include my brother who is turning 18yrs on Sep 6th 2010 as a dependent child under my father (principal applicant). I am not clear what is the age limit for dependent children is it 18 or 22 yrs.

Thanks a ton..Cheers..!

1.  You have to make the required Low Income Cut Off funds in Canada during the year prior to the application.  Once you have earned the sufficient funds, then you can apply.
2.  Age is locked in, the age is 22 or if over 22 must have been in full time school since turning 22.

[err88]

Hi there, Im not sure about all of your questions sorry, hopefully someone else can help you with those.

My application is dependent child (my father, a PR, is sponsoring me). The child must be 21 or younger at the time they receive your application. For instance, I was 21 when they received and began processing my application. I am 22 now but as PMM said the age is "locked in".

I dont know how it works if sponsoring your parent and they bring a dependent, but im sure you will find out all that information in your guide

[iarblue]

 Even if your sponsoring your parents and they are bringing a dependant the same rules follow under 22 years of age unless they are enrolled in school since before they are 22 and are still enrolled while the ap is in process.If over 22 and not in school they have to figure out their own way in,they can not be sponsored under the family class.Their is some exceptions in certain provinces but if you are in Ontario no.

[mifmis]

Thanks everybody for their response.

[Siouxie]

PMM is correct. 

My own application was with my son as a dependant.  On the date of receipt of the application he was 21 years, 11 months and 26 days (5 days before his 22nd birthday).  He was not in full time education.

The application was locked into that date.

My son finally landed aged 27 (after a long and protracted processing), still classified as my dependant for immigration purposes.

 

[roopa82]

my sis has gap of one year after age 22 and now full time student...can she included

[PMM]

Hi

my sis has gap of one year after age 22 and now full time student...can she included

No, she had to be continually enrolled/attending school from before she was 22 and until the visa was issued, if she was over 22 when the application was submitted.

[roopa82]

THANKS
iF I WANT TO SPONSER MY FATHER...CAN MY STEP MOTHER CAN ALSO BE SPONSERED....MY STEP BROTHER AND SISTER ARE DEPENDENTS OF MY FATHER...I THINK THEY WILL BE INCLUDED..BUT WHAT ABOUT MY STEP-MOTHER...

[mandy007]

Hi,

I am new to this forum. When i applied my parents my brother was 21 years and 11 months old. I was told that as long as he was under 22 years old he will be considered dependent even if he discontinues the studies. I have read the forum and some of you guys say the same thing as i was told. Now, I checked the other forums as well and there are some cases that suggested that they were told to bring proof of continuation of the studies at the time of interview and they could not provide that and were refused. They were also sponsored under 22 years of age as dependent under the family class. but the problem is that my brother has gaps in his education. i also checked with one of the consultants and he said that he needed to continue his studies...
Please clarify if there are other ppl in the same boat.

[PMM]

Hi

THANKS
iF I WANT TO SPONSER MY FATHER...CAN MY STEP MOTHER CAN ALSO BE SPONSERED....MY STEP BROTHER AND SISTER ARE DEPENDENTS OF MY FATHER...I THINK THEY WILL BE INCLUDED..BUT WHAT ABOUT MY STEP-MOTHER...

Yes the step mother is  a dependent of your father, so she is included in the application.

[mandy007]

hi PMM please guide

[Siouxie]

Please see OP2  http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

5.4. Lock-in age of dependent children
The lock-in of age for dependent children is the day CPC-M receives a completed IMM 1344AE
and correct processing fees. Dependent children must be less than 22 years of age when the
sponsorship application is received.

Under 22 years means up to and including the last day before the dependent child's 22nd
birthday.

Offices must date-stamp application forms as soon as they are received.

See [OP 1, General Processing Guidelines] for more information about the lock-in date.  

OP1  http://www.cic.gc.ca/english/resources/manuals/op/op01-eng.pdf

Family class: Lock-in (of age) is based on the day that the responsible Case Processing Centre
(CPC) receives a sponsorship application. The documents downloaded to CAIPS from the CPC
will specify the lock-in date.

If age is a factor that makes an applicant admissible, officers should use the applicant's age on
the lock-in date. As long as they are the right age on the lock-in date, they can surpass it before
admission.

From the Immigration & Refugee Regulations:  http://laws.justice.gc.ca/eng/SOR-2002-227/page-1.html

“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,
(or)
(ii) has depended substantially on the financial support of the parent since before the age of 22 — or if the child became a spouse or common-law partner before the age of 22, since becoming a spouse or common-law partner — and, 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.


So... a dependant child who's parent has submitted an application for Permanant Residence and who has paid the fee's, provided they are both received before the dependant child's 22nd birthday, is "locked in" at that age regardless of how long the application takes to process.  They would only need to continue education from before the age of 21 if the application and fees were not received until after their 22nd birthday.

Hope that helps!

[mandy007]

Thanks for your reply. i applied for my parents so his age is locked in the day i submitted the application or it will be the day my parents submit their PR kit. Please clarify

[Siouxie]

It is locked in from the day CIC receive the application