A question about my son's PR eligibility when applying through SUV

[uhani0115]

Hello,

I am an entrepreneur in Korea preparing to immigrate to Canada after this COVID19 situation.

I had a few questions regarding the PR eligibility of my family members. I would much appreciate it if you could answer the following questions. Thanks.

1. As far as I know, my children who are below the age of 22 before the moment of final SUV submission to CIC are eligible for the PR. Am I correct?
If so, my first son's birthday is on January 20th, 2000. Would he be eligible for the PR as long as I submit the final application to CIC before January 19th, 2022?

2. Let's say I have submitted my application before January 19th, 2022. But, there was a problem with my application and got rejected or I was asked to provide more document after January 20th, 2022. In this case, would he be still eligible for the PR?

3. I have heard from a Canadian Visa agent that those who are over the age of 22 may still be eligible for the PR if he or she has been being a full-time student and been financially supported by his or her parents ever since entering school. Is this correct information?

Thanks for your help in advance and I hope you all have a great and safe day!

 

[scylla]

Hello,

I am an entrepreneur in Korea preparing to immigrate to Canada after this COVID19 situation.

I had a few questions regarding the PR eligibility of my family members. I would much appreciate it if you could answer the following questions. Thanks.

1. As far as I know, my children who are below the age of 22 before the moment of final SUV submission to CIC are eligible for the PR. Am I correct?
If so, my first son's birthday is on January 20th, 2000. Would he be eligible for the PR as long as I submit the final application to CIC before January 19th, 2022?

2. Let's say I have submitted my application before January 19th, 2022. But, there was a problem with my application and got rejected or I was asked to provide more document after January 20th, 2022. In this case, would he be still eligible for the PR?

3. I have heard from a Canadian Visa agent that those who are over the age of 22 may still be eligible for the PR if he or she has been being a full-time student and been financially supported by his or her parents ever since entering school. Is this correct information?

Thanks for your help in advance and I hope you all have a great and safe day!

1. Correct, your son needs to be below 22 years old at the time the application is received. Note that the application must reach IRCC before he turns 22.
2. If IRCC requests additional information but does not return your application as incomplete, then you're fine and his aged is still locked in. If your application is returned as incomplete / rejected and you have to resubmit it, then this is like submitting a brand new application and your son must be under 22 years old at the time you apply the second time in order for him to be included in the application.
3. No, not correct. This is an old rule that was changed several years ago. If any agent tells you this rule is still in place, I would stay away from that agent because they clearly aren't familiar with current rules.

 

[uhani0115]

1. Correct, your son needs to be below 22 years old at the time the application is received. Note that the application must reach IRCC before he turns 22.
2. If IRCC requests additional information but does not return your application as incomplete, then you're fine and his aged is still locked in. If your application is returned as incomplete / rejected and you have to resubmit it, then this is like submitting a brand new application and your son must be under 22 years old at the time you apply the second time in order for him to be included in the application.
3. No, not correct. This is an old rule that was changed several years ago. If any agent tells you this rule is still in place, I would stay away from that agent because they clearly aren't familiar with current rules.

Thanks for your reply!

For your reply to question 3, could you give me the exact reference on the new rules such as the news or the IRCC article? I could not find it online.

 

[scylla]

Thanks for your reply!

For your reply to question 3, could you give me the exact reference on the new rules such as the news or the IRCC article? I could not find it online.

It's pretty easy to find.

The current rules regarding dependent children are here. This includes information that states the old rule regarding continuous studying no longer applies as of 2014.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/dependent-children.html

 

[uhani0115]

It's pretty easy to find.

The current rules regarding dependent children are here. This includes information that states the old rule regarding continuous studying no longer applies as of 2014.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/dependent-children.html

Thanks for your prompt reply.

I have two last questions regarding my son's PR eligibility if you could answer them.

1. As far as I know and based on the article that you gave me, the lock-in date is the date that the IRCC "receives" our application documents, not the date that we sent to IRCC. In that case, I have to think about the time that it gets to be delivered to IRCC and the time that they take to process my application. Am I correct? And how long would that waiting or processing time be approximately?

2. What are the cases that the second condition applies to those that are above 22? I am referring to the following condition in the IRCC article.

• 22 years of age or older, have depended substantially on the financial support of the parent since before the age of 22 and be unable to support themselves financially due to a physical or mental condition (it is the financial dependency that must have been ongoing since before the age of 22. It is not necessary for the physical or mental condition to have existed before the age of 22.)

Thanks for your help in advance and I hope you have a great day!

 

[scylla]

Thanks for your prompt reply.

I have two last questions regarding my son's PR eligibility if you could answer them.

1. As far as I know and based on the article that you gave me, the lock-in date is the date that the IRCC "receives" our application documents, not the date that we sent to IRCC. In that case, I have to think about the time that it gets to be delivered to IRCC and the time that they take to process my application. Am I correct? And how long would that waiting or processing time be approximately?

2. What are the cases that the second condition applies to those that are above 22? I am referring to the following condition in the IRCC article.

• 22 years of age or older, have depended substantially on the financial support of the parent since before the age of 22 and be unable to support themselves financially due to a physical or mental condition (it is the financial dependency that must have been ongoing since before the age of 22. It is not necessary for the physical or mental condition to have existed before the age of 22.)

Thanks for your help in advance and I hope you have a great day!

1. The lock in date for age is the date IRCC receives your application. It is not the date you send your application. So yes, you have to factor in mailing / delivery times. Make sure you use a reputable courier company to delivery yoru application package. No, you do not have to think about how long it takes for IRCC to process your application. Again, as soon as IRCC receives your application (i.e. it is delivered to their mail centre), your son's age would be locked in.

2. This refers to situations where the child has a mental or physical disability that is serious enough that it prevents them from working, going to school, living on their own, etc. for their entire life and for this reason they are dependent on you. In that case you can include the child in your application however you of course must provide evidence the child has a mental and/or physical disability that qualifies. In that case a child that is over 22 can be included. Depending on the physical or mental disability involved and the level of care required for that child, this can also sometimes create a risk of the application being refused due to excessive demand (i.e. if Canada feels that the child's disability will create too much of a burden on Canada's health care and social care systems).

 

[uhani0115]

1. The lock in date for age is the date IRCC receives your application. It is not the date you send your application. So yes, you have to factor in mailing / delivery times. Make sure you use a reputable courier company to delivery yoru application package. No, you do not have to think about how long it takes for IRCC to process your application. Again, as soon as IRCC receives your application (i.e. it is delivered to their mail centre), your son's age would be locked in.

2. This refers to situations where the child has a mental or physical disability that is serious enough that it prevents them from working, going to school, living on their own, etc. for their entire life and for this reason they are dependent on you. In that case you can include the child in your application however you of course must provide evidence the child has a mental and/or physical disability that qualifies. In that case a child that is over 22 can be included. Depending on the physical or mental disability involved and the level of care required for that child, this can also sometimes create a risk of the application being refused due to excessive demand (i.e. if Canada feels that the child's disability will create too much of a burden on Canada's health care and social care systems).

Thanks for your prompt and clear reply!

All of my questions regarding my son's PR eligibilities were clarified and now I think the only thing left is to find the appropriate incubator/accelerator who could help me settle in Canada.

Are you an agent or consultant dealing with immigration to Canada? If so, I would like to personally contact you and get your help.

Thanks for your help again!

 

[scylla]

Thanks for your prompt and clear reply!

All of my questions regarding my son's PR eligibilities were clarified and now I think the only thing left is to find the appropriate incubator/accelerator who could help me settle in Canada.

Are you an agent or consultant dealing with immigration to Canada? If so, I would like to personally contact you and get your help.

Thanks for your help again!

No - I'm not an immigration consultant or lawyer.

 

[uhani0115]

No - I'm not an immigration consultant or lawyer.

Regardless, thank you so much for your help and I hope you have a great day!