VERY VERY IMPORTANT

[vanraj]

hello,
       I am asking this question onbehalf of my very good friend. After seeing my visa, He too wants to apply as an immigrant from india. He too has a family of 4(he, his wife n 2 children). Now he also wants to apply for his mother. he is a dentist by profession. and will be applying under skilled category. We are not sure if he can apply for his mother as a dependent. Is it possible?

Plz let me know

[mandiebraxton]

hello,
       I am asking this question onbehalf of my very good friend. After seeing my visa, He too wants to apply as an immigrant from india. He too has a family of 4(he, his wife n 2 children). Now he also wants to apply for his mother. he is a dentist by profession. and will be applying under skilled category. We are not sure if he can apply for his mother as a dependent. Is it possible?

Plz let me know

Nope, not for his mother. Dependants are u r spouse (or common in-law) and your children/ adopted children under 22. Check the guide for detailed definition, but I know you cant add your mother as a dependant. You can apply for ur mother to visit ( or any other route) after you have attained your PR. Please check guide for a proper definition of a dependant.... Mandie

[Leon]

No, he can not list his mother as a dependant.  He can apply to sponsor her after he has gotten his own PR, is living in Canada and making enough money to support his family and mother but it will take several years to process.  

[arrowsmom]

HI GUYS, i have the same question, well, almost...

in the new forms it said that you can include 5 dependants and i have included my 2 nephews and 1 niece but i have checked they are not going with us yet... is this possible? all kids are below 18 years old... because the guidelines says if they are not in the original forms when you first filed for PR, then you cannot petition them later... am i correct in this understanding?

Please seniors help and thank you

[Leon]

in the new forms it said that you can include 5 dependants and i have included my 2 nephews and 1 niece but i have checked they are not going with us yet... is this possible? all kids are below 18 years old... because the guidelines says if they are not in the original forms when you first filed for PR, then you cannot petition them later... am i correct in this understanding?

It is your duty to include your own children and the clause about not being able to petition them later if they are not included refers to those.

Nephews and nieces are however not your own children unless you have adopted them and they are living with you.  Is that so?  If the answer is no, then they are not your dependants and you can not include them in your PR application.

If you want to petition them once you are in Canada, if they are still under 18 and orphaned, you can sponsor them.  If they are not orphaned, you would not be able to sponsor them unless you were living in SK or Manitoba and then under PNP family stream and you would have to wait until they are grown and have education and work experience.

[arrowsmom]

thank you Leon, so it means i will have to remove them from the Generic Form List?

[vanraj]

thanx mandie n leon

[vanraj]

but is nt there anything else. I mean cant it be requested as it goes like this. His father expired sometime back. hence if he goes with all his family leaving his old mother here, it would be unfare. Arent there any humanitarian grounds where we can request this?

[mandiebraxton]

but is nt there anything else. I mean cant it be requested as it goes like this. His father expired sometime back. hence if he goes with all his family leaving his old mother here, it would be unfare. Arent there any humanitarian grounds where we can request this?

Why dont you just get PR and settle down first and look into ways of binging your mother to Canada? I don't think your case has enough humanitarian grounds....Mamdie

[Leon]

but is nt there anything else. I mean cant it be requested as it goes like this. His father expired sometime back. hence if he goes with all his family leaving his old mother here, it would be unfare. Arent there any humanitarian grounds where we can request this?

No, there is no way they can take her as a dependent.  Once they are PR, they could apply for her visit visa to come and stay with them, proving that they have the funds to take care of her as well as health insurance.  If this is refused based on immigration believing that she is not going to stay temporarily, there is a possibility that they could appeal that on humane and compassionate grounds.  I think I have heard of someone getting a TRP to go to Canada for that reason who was a parent in a similar situation.  TRP's are sometimes given to people who are inadmissible to Canada but have a good reason to go anyway.  Sometimes people who need to sponsor a baby can get one in order to bring it to Canada if they are refused a visit visa.  There is no guarantee for this to work out and there is no guarantee that it would keep being extended for the time it takes for them to sponsor the mother for PR which could be 5 years or more and if her health is bad, she could be refused.  They could try it though.  If she really can not be alone, even for a while, maybe they should reconsider their immigration plans.

thank you Leon, so it means i will have to remove them from the Generic Form List?

Yes

[devilhimselff]

Good answers above by Leon and Mandie.  +1 for both of you.

[vanraj]

ok leon.
yes Mamdie compassionate grounds as we feel it is. lets see if he still would consider the immigration plans.

Thanx anyways Leon n Mamdie

[slavasz]

Actually as far as I understand, mother/father, nieces/nephews could be listed as dependents.
HOWEVER, you have to PROVE that they are YOUR DEPENDENTS, and NOT somebody else's.
Therefore, try to prove that mother/father is not your GOVERNMENT dependent. Try to prove to the visa officer that it is not your government's duty to take care of them.
And the same logic applies to your nieces/nephews. Are they orphans and adopted by you? If not, then how is that your government is not responsible for them?
Would it be possible to prove?

[Leon]

In the application guide, this is the definition of family members:

Family members include a spouse, a common-law partner, dependent children, and dependent child of a dependent child :

After that it goes into further definition of dependent children as well as stating that they must be the children of the principal applicant or their spouse and not some other random children from the neighbourhood.  There are no parents, nieces or nephews in your core family when you apply for PR.  You can find this guide at http://www.cic.gc.ca/english/pdf/kits/guides/EG7.pdf  This definition is on page 16.

[mandiebraxton]

 @  Leon, gosh! I wonder why people dont read guidelines. If dependants. Includes mother, father, niece nephew, I am sure most applicants will take their extended family to Canada! And thanks for posing the link, cldnt post it earlier cos I'm using my fone.......Mandie