Please Help///Urgent///Dependent child

[rahulchd]

Pls help me on this as to dependent child?

I sponsored my parents and brother in May'2006.
Brother listed as dependent child an his age was 21 years and unmarried when we submitted to CIC canada in 2006may.

Or case is still in process with 2nd step with New Delhi.
Brother has been full time student at the time we submitted the application and he did his MBA full time in June2007, till date hes unmarried.

My question is he is still a dependent child or not????
As locked age point applies to it or not????

 

[rahulchd]

as he is turning to 25 this year.

 

[Boncuk]

Did you not post about this before?

 

[rahulchd]

no, if any info anybody can help out to have some idea?

 

[Boncuk]

His age is "locked in" at the time the application is received by CIC. It doesn't matter how long it takes to process, he is 21 as far as immigration is concerned and does not have to be a full time student to qualify. However, he does need to remain unmarried and not be in a common-law relationship at the time of landing or he becomes ineligible as a "dependent child"

 

[rahulchd]

PMM pls help i am not able to clear it up with various views.

I tell you that my bro was 21 when i applied in Canada in 2006 and now 2nd stage processing going on in New Delhi and hes 24 now. He completed his studies in 23 age. i.e MBA
Hes not studying now
Is he counted still as dpendent still as per locked in age rule
Pls revert at the earliest.

 

[rahulchd]

PMM kindly reply.

 

[rjessome]

Many of us have answered this question for you at least a dozen times on two different boards, including PMM!!!! So rather than asking the same thing every two weeks, why don't you just call CIC and ask THEM if you don't believe us. Immigration laws for Canada have NOT changed in the last two weeks! Your brother hasn't gotten married or moved to another country to work. Yes, he finished school but he was under 22 at the time the application was filed. From what you posted before on yet another thread, he still lives with your parents. So he is still a dependant and his age is LOCKED IN from the date of the application.

STOP ASKING THE SAME QUESTION!

 

[rahulchd]

rjessome thanks for your concern. You r right hes still unmarried. After reading views of all dear friends in the forums i conveyed the same thinhgs to my parents and brother and my brother went to our lawyer who is handling the case as representative... you know what he said that theres nothing like this...he needs to be student till the rocess completes in new delhi for pr. He is a good immigration consultant also of the city, that makes us confusing for this. LAwyer says his firm is handling the same cases since long time and yours is not the only one. I hope now u get me why asked again. I have also checked it says the same thing as u r telling..

 

[Leon]

I can't really answer your question about if the age and status is locked in at the time of application or not but I know if he would have gotten married, he would be out, even if he was not married at the time of application. I don't know if the same goes for if he is not under 22 anymore and not a student anymore. If it turns out that he's out of the family application, you can work on him getting to Canada through some other means. For example try to get him a job offer (AEO) and apply for his immigration under PNP or FSW or if you live in AB, SK or MB, see about sponsoring him under PNP family stream.

 

[rjessome]

CALL CIC AND ASK!!!!! Ask the same question and you'll get the same answer! Your lawyer sounds like a schmuck and a BIG waste of money and you keep listening to friends who don't have a clue. Your situation is NOT unique.

Here is what Immigration law in Canada says a dependent child is for the purposes of immigration. I've highlighted the parts that apply to your brother which show that he DOES qualify as a dependent child. You have already been given a link many questions ago to the OP Manual which confirms when his age will be LOCKED IN - at the time of application. And I don't know why I keep answering the same damn question for you but this is the LAST.

Dependent Child: It means a child who: (Part I., Section (2), IRPR)

(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 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.