abster21 said:
Hi all,
My family and I are in a bit of a dilemma, my mother is an experienced staff nurse and is interested in applying to work in Canada but me (22 years old and finishing university in the UK) and my brother (18 and finishing sixth form) would like to go with her, would it be possible to be included on her visa or do we have to apply ourselves? Even if we can prove that we are dependent?
Many thanks if you can give any advice, x
Hope this answers your question(s):
Family members of skilled workers
Note: The age of accompanying dependent children is locked in on the date of application, but
dependence is not. If a child is under the age of 22 on the date of application but 22 years of age or older
when the visa is issued, they may still be included as part of the parent's application as an accompanying
dependent, if they are still not married or not in a common-law relationship or, if they are
dependent pursuant to R2(b)(ii). A child who is 22 years of age or older and who is considered a
dependant child on the date of application by virtue of R2(b)(ii) or (iii), i.e. financially dependent due to full-
time study or physical or mental condition, must still meet the requirements of these provisions at the time
of visa issuance in order to be included in the parent's application. See OP 2, Processing Members of the
Family Class, for more information on who qualifies as a dependent child.
All family members, accompanying or not, are required to be examined unless an officer decides
otherwise. Normally, any inadmissible family member would render the principal applicant
inadmissible as well [A42; R23]. There are, however, two exceptions to this rule. The first is the
separated spouse of the applicant. The second is when the applicant or an accompanying family
member does not have legal custody of their dependent child or when they are not empowered to
act on behalf of that child, by virtue of a court order or written agreement or by operation of law.
If an applicant’s separated spouse or the applicant’s children who are in the custody of someone
else are inadmissible, their inadmissibility would not render the applicant inadmissible. Because
separated spouses can reconcile and custody arrangements for children can change, examination
is required in order to safeguard the future right to sponsor them in the family class. If these family
members are not examined, they cannot be sponsored in the Family Class in the future under
R117(9)(d), unless R117(10) applies. Please see OP 2 section 5.11 for more information on
examination of non-accompanying family members.
Family members can be added to the application at any time during the process, including after
the visa is issued but prior to obtaining permanent resident status. Applicants should be
counselled to inform the visa office immediately if their family composition has changed. Please
see OP 2 Section 7.7 for more information on adding a family member during processing.
To include adopted children, spouses, or common-law partners as accompanying family
members, R4 requires that the relationship must be genuine and not one entered into primarily for
immigration purposes.
If family members are added to the application during processing, they must be screened for
inadmissibility before any permanent resident visa is issued.
Hope this helps.
Good Luck.
BobbyB
x