NEWLY DEFINED DEPENDENT

[Beltex]

Hi,

As we all know you cannot sponsor a dependent in the future who was not included on your original PR application. What about someone who has, since the change in the rules last month now become a dependent?

 

[Rob_TO]

If they weren't declared in your own application and didn't do medical exam, and you've already landed as PR, then most likely they can not be sponsored even though they now fall under the age limit for dependents.

I didn't see any comments, notes or rules with the new dependent rules, that would suggest they would waive the non-declaration rule for those that weren't declared since they weren't previously considered as dependents.

However if there was currently a PR app still in progress, then it would most likely be possible to now add that dependent since they could be properly declared and do medical exam.

 

[Beltex]

If they weren't declared in your own application and didn't do medical exam, and you've already landed as PR, then most likely they can not be sponsored even though they now fall under the age limit for dependents.

I didn't see any comments, notes or rules with the new dependent rules, that would suggest they would waive the non-declaration rule for those that weren't declared since they weren't previously considered as dependents.

However if there was currently a PR app still in progress, then it would most likely be possible to now add that dependent since they could be properly declared and do medical exam.

I had a scan around for info but a lot of what CIC have hasn't even been updated with the new age and still quotes 19!

 

[PMM]

Hi

Hi,

As we all know you cannot sponsor a dependent in the future who was not included on your original PR application. What about someone who has, since the change in the rules last month now become a dependent?

1. As long as the dependent was over 18 when you emigrated, so wasn't included in the application, and is now under 22, you can sponsor him/her.

 

[canuck_in_uk]

Hi,

As we all know you cannot sponsor a dependent in the future who was not included on your original PR application. What about someone who has, since the change in the rules last month now become a dependent?

I agree with PMM. If the child didn't fall under the definition of "family member" at the time of your original app but now does, he can be sponsored.

When IRCC added common-law to the definition of "family member", those who had previously immigrated without having to declare their common-law partners were able to then sponsor them without issue after the change.

 

[Rob_TO]

I agree with PMM. If the child didn't fall under the definition of "family member" at the time of your original app but now does, he can be sponsored.

When IRCC added common-law to the definition of "family member", those who had previously immigrated without having to declare their common-law partners were able to then sponsor them without issue after the change.

Seems to make sense. Do you know if it's stated anywhere in the manuals?

This will allow many people in this situation to (inadvertently) get around the excessive demand criteria for their children, although these types of changes happen so infrequently so I guess it's not a major issue IRCC would be concerned with.

 

[canuck_in_uk]

Seems to make sense. Do you know if it's stated anywhere in the manuals?

This will allow many people in this situation to (inadvertently) get around the excessive demand criteria for their children, although these types of changes happen so infrequently so I guess it's not a major issue IRCC would be concerned with.

The common-law partner example is stated in OP 2.

I would think that the amount that will actually benefit from the non-EDE to EDE situation is negligible.

 

[Rob_TO]

The common-law partner example is stated in OP 2.

I would think that the amount that will actually benefit from the non-EDE to EDE situation is negligible.

Found it: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
Accompanying family members not excluded
Visa offices may encounter situations where a common-law partner and dependent child of a sponsor are applying for permanent residence and these individuals were not examined at the time of the sponsor’s own pre-IRPA application for permanent residence. Common-law partners were not family members pre-IRPA so were not required to be examined. These individuals are not inadmissible under R117(9)(d).

Though this is making exclusions for pre-IRPA apps and for common-law partners, hopefully IRCC applies the same common sense to dependent children who are now eligible under new rules.

 

[Beltex]

This is good news, thanks once again guys for your excellent responses

 

[Beltex]

Hi Guys,

Just noticed this new guidance on the CIC website;



Your child qualifies as a Type A dependant
It appears that your child is eligible as a dependant because your child:

• was between 19 and 21 years old when your application for permanent residence was received, and
• is not married or not in a common-law relationship.

Your child must continue to meet all these requirements until we finish processing your application.

A new public policy has been developed for parents who had an existing application in process on May 3, 2017, or who applied between May 3, 2017, and October 23, 2017. The public policy gives you an option to sponsor your child or an option to add them to your existing application.

1. You can sponsor your child if you have received your permanent resident visa or Confirmation of Permanent Residence document.
2. You can add your child to your existing application if you have not received your permanent residence visa or Confirmation of Permanent Residence document.
   
   You must notify us on or before January 31, 2018, if you want to add your child to your application or sponsor your child under the public policy.
   

If you add a dependant to an existing application, it may take longer to process that application.

How to notify us to add your child to your application or to sponsor your child under the Public Policy
You have until January 31, 2018, to notify us, by filling out this web form
Follow these instructions:

• In the Type of application/enquiry drop down menu, select Permanent residence – add a dependent child 19-21 under Public Policy effective October 24, 2017 to January 31, 2018
• Fill out all the required fields
• Check the consent and disclaimer box
• Click Next
• Click No when asked Would you like to include a document with your submission?
• Verify your email and date of birth
• Click Next

So it looks like theyre granting a small window of opportunity for anyone to add a qualifying dependent child which is good news.


With regard to this statement "Your child must continue to meet all these requirements until we finish processing your application." it looks like the age is "locked in" but what about the partner issue, are they saying that if your dependent child gained a partner during the PR application they become ineligible?

 

[scylla]

Yes - if your child marries or gains a common law partner during the process, they are no longer classified as a dependent and will be removed from the application. This has always been the rule for dependent children. It's not new.

 

[sohney]

Hi,
I would like to sponsor my son who is 17 years old.I had my PR Card in 2014 but my son didn't had his medical exam done .he was not coming at that time.
Can I sponsor him now?

 

[YVR123]

Hi,
I would like to sponsor my son who is 17 years old.I had my PR Card in 2014 but my son didn't had his medical exam done .he was not coming at that time.
Can I sponsor him now?

No. If you did not include him in your PR application (had medical exam and listed as un accompanying), you can never sponsor him.
How did you immigrate? BTW he is not "newly defined dependent". He was NOT declared.

You can check to see if you and him meet the pilot project to sponsor undeclared family members. But I think you immigrated under an economics stream, so it's unlikely that you meet the pilot project requirement. (did you declare him at all? was he declared and you stated that he is exempted from being sponsored?)

https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1487&top=14

 

[scylla]

Hi,
I would like to sponsor my son who is 17 years old.I had my PR Card in 2014 but my son didn't had his medical exam done .he was not coming at that time.
Can I sponsor him now?

Depends on how you got PR / through which program.

 

[sohney]

I got my PR under a Livingcare giver program.