Dependent children change status to a work permit holder

[strawbar]

Hi. I have a friend who has applied AINP with their child who was under 22 at that time of application to federal government. At that time he had a study permit, but now he wants to apply for a work permit to work legally.

"A child who is less than 22 years of age and not a spouse or common-law partner at the time of “age lock-in” continues to be a dependent child even if they turn 22 during the processing of the application, as long as they are still unmarried and not in a common-law relationship when permanent residence is confirmed. (Less than 22 years means up to and including the last day before the child's 22nd birthday) is by CIC's definition

However, the agency that my friend goes through strongly objects the change of status from a student to a worker. Are they correct? I thought it is ok to change a status.

Thank you for your wisdom in advance !

 

[zardoz]

Hi. I have a friend who has applied AINP with their child who was under 22 at that time of application to federal government. At that time he had a study permit, but now he wants to apply for a work permit to work legally.

"A child who is less than 22 years of age and not a spouse or common-law partner at the time of “age lock-in” continues to be a dependent child even if they turn 22 during the processing of the application, as long as they are still unmarried and not in a common-law relationship when permanent residence is confirmed. (Less than 22 years means up to and including the last day before the child's 22nd birthday) is by CIC's definition

However, the agency that my friend goes through strongly objects the change of status from a student to a worker. Are they correct? I thought it is ok to change a status.

Thank you for your wisdom in advance !

On what basis would he be eligible for a work permit? It's not available to a dependent child on a PR application..

 

[canuck_in_uk]

Hi. I have a friend who has applied AINP with their child who was under 22 at that time of application to federal government. At that time he had a study permit, but now he wants to apply for a work permit to work legally.

"A child who is less than 22 years of age and not a spouse or common-law partner at the time of “age lock-in” continues to be a dependent child even if they turn 22 during the processing of the application, as long as they are still unmarried and not in a common-law relationship when permanent residence is confirmed. (Less than 22 years means up to and including the last day before the child's 22nd birthday) is by CIC's definition

However, the agency that my friend goes through strongly objects the change of status from a student to a worker. Are they correct? I thought it is ok to change a status.

Thank you for your wisdom in advance !

Hi

No, the agency is not correct. As long as he does not marry or become common-law, he remains a dependent. If he qualifies for a work permit, he can go ahead and apply.

 

[canuck_in_uk]

On what basis would he be eligible for a work permit? It's not available to a dependent child on a PR application..

Given the age and that he has a study permit, I'd guess a PGWP.

 

[canuck78]

Is the child now 22 or over? Wouldn't be a dependent anymore on a new application.​

 

[zardoz]

Is the child now 22 or over? Wouldn't be a dependent anymore on a new application.​

Correct for a new or resubmitted application but locked in for an existing one that has been accepted.

 

[strawbar]

but locked in for an e

Is the child now 22 or over? Wouldn't be a dependent anymore on a new application.​

He was 21 and student when his file went to a federal government , so I think he is locked for the age condition as a dependent child .

 

[strawbar]

Is the child now 22 or over? Wouldn't be a dependent anymore on a new application.​

It is an existing one, he was 21 and student at that time when the file was sent to federal government

 

[strawbar]

Correct for a new or resubmitted application but locked in for an existing one that has been accepted.

So, since the file was already accepted when he was 21 with a student permit, do you think I am correct that he can apply for a work permit ?

 

[zardoz]

So, since the file was already accepted when he was 21 with a student permit, do you think I am correct that he can apply for a work permit ?

Yes.