A little confused about the age of majority...

[algdantes]

Hey, so I've recently been trying to revive my PR through H&C grounds citing that I was removes as a minor and my dad got sick while we were here in the Philippines. I read up on the stuff here and the PDF files they have uploaded on the CIC website and asked my cousin who works at the Visa Office in Mexico.

It seems like here, the general consensus is that they only consider those who apply at the earliest possible opportunity upon reaching the age of 18, but it says in the PDF file (and also the code used by Visa Officers) that the age of consideration is 22. I'm now 21 and I'm trying to prepare every document I have to prove why I couldn't leave at 18 (dad and grandpa are sick, dad is unemployed due to sickness, and my my mom has no one to help her).

Just a bit confused. Asked a lawyer too (cost me quite a bit just to effin ask!) and he confirms the age of 22 as the determining point. But here it seems like it's not the case?

 

[scylla]

Age of majority is either 18 or 19 - depending on the province.

However it's not that black and white. The sooner you apply after you turn 18 the better.

We have recently seen a couple of 21 year olds refused recently for H&C. So 22 is obviously not the determining point.

 

[Leon]

Age of majority in Canada is 18-19 depending on the province but for immigration purposes, it used to be 22 until 2014. It was changed to 19. Some immigration documents still list the age of 22 as the age to consider. However, parents applying for their immigration may not include dependent children who are 19 or older.

You should put together your best case of why you have not been able to return at age 18-19 and until now and hope it's sufficient. Immigration may consider other issues too such as when you left Canada, how long you stayed in Canada, whether they think you are serious about settling etc.

 

[algdantes]

Thank you so much! I hope they take into consideration my father and grandfather's condition. We went back cause my grandpa was sick and all our relatives are abroad and established there already. Then when we got back my dad got sick because of his nightshift jobs. THEN my brother fell into depression and had to be pulled out from school. It was a MESS. I would've left as soon as I turned 19 but I had zero money and my aunts can't do anything since it would be disrespectful to my father (it's a culture thing).

My aunts, who are canadian citizens and one is single with no child, have been asking my parents for years to take me but they just won't have it. My single aunt is getting old and she's wants me to stay with her before she turns 60. Now my dad is doing good enough to get a job, they're letting me go FINALLY.

I have everything from medical records to proof of sufficient income and lack of dependents from my aunt. I've even filed job applications online.

Maaannn I'm so nervous!! I would do the boarder cross from the US but I have no US visa and it'll take too long for me to get one. By that time I'll be over 22 and probably my chances would significantly lessen.

 

[747-captain]

Keep in mind that it is NOTORIOUSLY difficult to get a US visitor visa from places such as Philippines, India etc. (especially for someone that fits your profile - young and single). Of course, you could get very lucky and get one, but I wouldn't count on that as a sure tactic.

IMHO, your best bet is to not waste any time trying those avenues, and instead do everything in your power to present a very convincing case ASAP for H & C grounds!

 

[algdantes]

Exactly. Everyone I've asked here so far keep trying to push for me to go to the US. Of course I do have a couple of friends who managed to get a US visa despite being young and single, it still costs $160. That's a lot of money you won't be getting back if you do get rejected. My dad and my aunt both have US visas and it takes a while.

So far my H&C case is that my parents toon me here when I was a minor from Canada and I couldn't leave ASAP because 1. My family didn't support it and 2. My dad was sick and absolutely refused to come with me to canada. He has PDD, hypertension, and insomnia all tied up to make one difficult old man. I'm only going now since he's doing better and my single aunt in Canada is living alone, almost 60 and has no kids