Dependent Child Removal issue!!

[mani85]

Hi,

My father have applied Manitoba Provincial Nominee Program (MPNP) under Business Entrepreneur in 2010, On that time i was 22 but i was in full time education, received the nomination certificate along with all other dependents in JAN 2014, then my father sent the PR application to the CIO Sydney Nova Scotia, the office sent the application to London UK. And On July 31, 2014 my father received an email of medicals along with this sentence ''Your son do not meet the defination of dependent child and has been removed from the PR application''

Even i am still in continuous education i am a post graduate student in London UK, CIC told us that when i did complete my Bachelors in JUNE 2012 and got the admission here in UK in JAN 2013 that is a 'GAP' in my studies and that IS why they have eliminated from the application.

Kindly help me in this regard or suggest me the way to continue in this application or what should my father do for this case??

 

[scylla]

You are no longer a dependent because you were already 22 when the application was submitted and you then stopped attending school for a period of time. To remain as a dependent on your father's application, you needed to stay in school without any breaks or gaps. Since you stopped studying for a period of time, you were not in school continuously and can no longer be included in your father's application. There is nothing your father can do to change this.

If you still wish to immigrate to Canada you will have to qualify and apply on your own.

 

[mani85]

but I gets free from University in September 2012 and then got admission in November and start my University again In JAN 2013. To get an admission in any international university it takes some procedural time??

My family is in Canada. Secondly my father mentioned my name in his Business Plan which he gave to the Manitoba Government. i am the Key person of his Business??

 

[scylla]

It doesn't matter that your name is on the Business Plan your father submitted. This has no impact.

You need to prove that you were in school continuously from the time the application was submitted until now in order to still be included as a dependent in the application. Based on the information you provided earlier, you had around a six month break in your studies. You should have taken a short term course between completing your Bachelors and starting your Masters to remain in school continuously. You can certainly try writing to CIC and convincing them that you were in school continuously - however I think the odds are unfortunately against you.

 

[mani85]

Alright.
is my father can appeal on humanitarian grounds? shall this helpful?

 

[noosh]

What humanitarian grounds?

As scylla mentioned the best option would be to convince CIC you were studying continously. For the 6 month break, you could say you were preparing for admission/volunteering/other courses. It's a slim chance.

 

[scylla]

Alright.
is my father can appeal on humanitarian grounds? shall this helpful?

No - there are no grounds for an H&C appeal. Either you convince CIC that you were and are in school continuously. Or you will be dropped from the application and will have to qualify to immigrate on your own.

 

[mani85]

i have already sent them the whole chronology of the events occurred during the time of awaiting visa. however they only focus on it as a break normal than a student usually take. can we take Humanitarian and Compassionate grounds (HC) that the whole family has already moved with only one child left behind who although not in the eyes of CIC but was a dependent on parents and it is a family separation?

 

[scylla]

No - this won't be accepted as an H&C argument. If it was this easy to overturn a refusal for someone over the age of 22 years who has failed to remain in school - then everyone would do it. Again, if you're dropped from the application for failing to be in school continuously, then your only option is to qualify and apply independently for PR.

 

[XpressEnterprise]

My dependent had 4 months break between her MSc Degree completion and M.Phil admission... CIC did question that gap, and we explained that admissions take time due to intake schedules. Therefore, they accepted it and proceeded with our PPR-2 step (already sent passports of all dependents).

 

[mani85]

My dependent had 4 months break between her MSc Degree completion and M.Phil admission... CIC did question that gap, and we explained that admissions take time due to intake schedules. Therefore, they accepted it and proceeded with our PPR-2 step (already sent passports of all dependents).

Did the CIC inquired about this gap before taking any decision? Because they never asked me for anything like that.
Can I use this as a reference. My parents have landed already and extremely worried about me

 

[mani85]

@scylla

in the light of the above xpressenterprise statement. i need your point of view. what should i do now?

Thank You

 

[mani85]

kindly respond my query!!

 

[Leon]

If your parents already landed with you removed from the application, it is too late to appeal. The rules are clear. If you were 22 or older when the application was sent in, you would have had to stay a full time student continuously until you landed as a PR. You did not do that. End of story.

As for H&C grounds, you can forget it. At 26 years old, you are not a child but an adult. Add to this that immigration did not even like the fact that "children" your age were getting their immigration under their parents without having to show their own skills. They have changed the rules since your father applied and parents are now barred from applying for their children 19 and older, regardless of them being full time students. Therefore, it is not likely that immigration will accept that you at age 26 should not be separated from your parents.

If you want to immigrate, you have two options. You can do it on your own as an adult or if your parents stay in Manitoba, they may be able to sponsor you under the PNP.

 

[scylla]

Agreed with Leon's comments. If your parents already landed - it's too late.

If you want to immigrate, you'll need to do so independently.