Dependent child turning 22

[aridoarikato]

I applied for my permanent residence in 2011 at that time my dependent child still fell under Type A definition of a dependent child - that is below the age of 22 and single. With the current processing time for LICP, my daughter would probably turn 22 before we get our application approved. She'll be graduating from college next year and some of my fellow caregivers were telling me to keep my daughter in school until we get approved otherwise it'll be a ground for a refusal.

Are they correct in their interpretation of the immigration ruling regarding dependent child? What will be the repercussion if my daughter decides to work after graduation? Will there be an issue with the immigration with regards to our application?

Thanks for any input.

 

[PMM]

Hi

I applied for my permanent residence in 2011 at that time my dependent child still fell under Type A definition of a dependent child - that is below the age of 22 and single. With the current processing time for LICP, my daughter would probably turn 22 before we get our application approved. She'll be graduating from college next year and some of my fellow caregivers were telling me to keep my daughter in school until we get approved otherwise it'll be a ground for a refusal.

Are they correct in their interpretation of the immigration ruling regarding dependent child? What will be the repercussion if my daughter decides to work after graduation? Will there be an issue with the immigration with regards to our application?

Thanks for any input.

1. No, they are not correct. Her age was "locked in" at the date of the application. She has to remain as dependent, but she doesn't have to remain in school.

 

[aridoarikato]

Thanks PMM for clearing that up.

 

[pinklei]

i just want to ask related to your topic.. coz i am already graduate and 22.. but still my mom send me to school for me to be dependent.. someone replied that i dont have to remain in school. now, can i work?? can i be still called as dependent? will there be a problem to our papers?

 

[Leon]

i just want to ask related to your topic.. coz i am already graduate and 22.. but still my mom send me to school for me to be dependent.. someone replied that i dont have to remain in school. now, can i work?? can i be still called as dependent? will there be a problem to our papers?

If your mother applied for PR for you before your 22nd birthday, your age is locked in and you do not have to stay in school. However, you can not marry or enter into a common law relationship.

 

[airacaberoy]

I am 21 and fall under type A dependent. Can I work full time with SSS and TIN?

 

[varen]

I am 21 and fall under type A dependent. Can I work full time with SSS and TIN?

that's the same thing i want to ask? can i work already

 

[shamail_haider]

The one who starts working (earning) doesn't remains under the category of "Dependent Child" rather becomes "independent".
Keep getting admission in new and new courses and send the results to the concerned department (where your application is under process) to show them that you are continuously enrolled in some study course.

 

[Leon]

That is not exactly true. If the child was under 22 when the application was received, their age was locked in so even if the application takes years, they are not required to stay in school. The are allowed to work and earn money. They are however not allowed to get married or enter into common law partnerships.

If the child was 22 or older when the application was received but they were included on the application as a dependent child based on being a full time student and financially dependent on their parents, they must remain a full time student and financially dependent on their parents until they get their PR. If they start earning money, they lose the dependent status.

 

[Hello 123]

I am afraid Haider is correct.

The 22+ child has to fulfill 3 conditions -

1) He/she should be largely dependent on the parents
2) Should be studying full time = over 15 hours classes per week
3) Institution should be Government recognized

If this issue comes up the above 3 conditions need to be backed with adequate paperwork.

This status must be maintained until the time he/she completes Landing in Canada as a matter
of extreme precaution.

This is to the best of my knowledge and my perusal of some judicial review cases in this matter
where the judge ruled that these conditions must be satisfied not only at the time of application
but ALSO at the time of Visa issuance. While the operating manual says that the age is locked in it
at the time of application it is actually a grey area and it is better to continue as a student.

This is as per my understanding.

Regards and best of luck.

 

[aridoarikato]

So does that mean our children's lives should be put on hold just because they are taking so long processing our papers? That' s not fair.

My daughter started working a month ago...She's 21and she just finished university. I'm still sending her monthly allowance cause she still can't fully support herself with what she's earning. She already submitted her LC2 documents and waiting for the next instruction from the Canadian Embassy. I submitted my application in 2011 when she was still 19 y.o. Well i guess we will have to wait for the verdict when she hears from the Immigration.

 

[Leon]

I looked through some cases at http://www.canlii.org/en/ca/irb/doc/2009/2009canlii28047/2009canlii28047.html?searchUrlHash=AAAAAQAdaW1taWdyYXRpb24gbG9jay1pbiBkZXBlbmRlbnQAAAAAAQ and I found no example of a case were a dependent child was refused because they were no longer studying as long as they were under 22 when the application was filed. I found some where dependent children were refused because they were no longer studying but they had been older than 22 when the application was filed and I found some cases where it was disputed when the application was filed, cases where the application was deemed incomplete and sent back and the people had to file again and the child's 22nd birthday was in between. In those cases, if it was determined that the first refusal was in error, they were allowed to keep their dependent status.

If a child is under 22 when the application is filed, it doesn't matter if they are studying because they are a dependent child because of their age. They could be working and making even more money than you are and still be considered a dependent child. The application locks their age is so they do not need to stop working and start studying when they turn 22.

However, if a child is 22 or older when the application is filed, unless they are disabled and unable to take care of themselves, they are only considered a dependent child if they are still studying and financially dependent on the parents. In those cases, because they get this exception, their having been dependent on the parents when the application was filed is not locked in so if they are no longer dependent on the parent at some point before getting PR, they will be removed from the application. Immigration is even aware that many people try to keep their overage dependent children studying by having them continue to enroll in different courses after graduating and immigration also takes that into consideration.

However, this will all be changing and the end of the year. For applications filed before then, the old rules will apply but the new rules will be that only your children under age 19 at the time of the application can accompany you as dependents. Children 19 or older at the time of application will have to find their own way if they want to immigrate.

 

[Hello 123]

Hi Leon,

Your post on the dependents whose applications are locked in when they are 22+ age is absolutely correct. They have to maintain their full time student and dependent status thru out their application process period.

However in the case of those dependents who were locked in before 22, the regulations are silent - to my knowledge - whether they can finish studies and start work without falling foul of the requirements or discretion of the visa officer, in the absence of clear regulation... to my knowledge. Correct me if I am wrong.

Hence consultants/lawyers suggest to continue the dependent and full time student status even in this instance as this is a grey area.

We finished the interview and have received CSQ for my son ( and us also ) when his age was below 22. The application to CIC Sydney was also made before he turned 22. He turned 22 six months ago and finished his bachelors degree. Still we are sending him to a another full time post secondary course as a matter of caution.

We would be glad if the statute CLEARLY allows him to work as the visa process at the CHC stage may take another 8-10 months.

Regards

 

[Leon]

However in the case of those dependents who were locked in before 22, the regulations are silent - to my knowledge - whether they can finish studies and start work without falling foul of the requirements or discretion of the visa officer, in the absence of clear regulation... to my knowledge. Correct me if I am wrong.

As I said in my reply, the rules say that the age is locked in and I found no case of appeal due to anybody being denied if they were truly under 22 at the time of application.

 

[PMM]

Hi

As I said in my reply, the rules say that the age is locked in and I found no case of appeal due to anybody being denied if they were truly under 22 at the time of application.

1. Found 2 in other forums, Canvisa and BritishExpats. One was under 22 working full time, not living with parents and the other was in the Military. Refusal said that they were not dependent. No idea if they appealed or not.
2. It maybe a moot point come January, when it looks like the age will drop to 18 or 19 and whether the child is in school or not will not be a factor.