Help Please to Unravel this Non-Accompanying Dependents Application Puzzle

[FlashG]

Here is our immigration story, in brief.

After about 10 months, the Beijing VO approved my wife's PR. However we had inadvertently marked her 19 year old dependent daughter on the original application as "non-accompanying" for the reason that she is in Canada with a TRV studying at university. Of course she wants to immigrate also. We had absolutely no communication with the VO on this and did not even suspect there was a problem. When we found out the VO did not issue her a COPR (only her mother) we sent the passports back - before anyone has landed - requesting the change to "accompanying". They have refused this and said the "file is closed". I question this decision as several members here said that such a request should be doable.

However the VO only said my wife can sponsor her daughter now only once she herself is a PR in Canada. This is our Canadian bureaucracy - unfeeling, unyielding, unhelpful. All for one check box on a form. Absolutely everything else was done to allow our daughter to immigrate. At the very least there should be a warning on the form.

Next thing. So we will sponsor her separately on her own now. Unless an appeal is possible and practical. Opinions on that?

1) Will we need originals for everything again (Police/medical/birth certificate)? This is all on file, she has a UCI from before. So will they insist on repeating everything ? (we will try and ask CIC as well about this).
2) Medicals were just repeated in May so likely would still be valid wouldn't they?
3) How does one sponsor one's dependent child in Canada, who is from China?
4) I read on this forum that it must be an outland application - true?
5) I am her step-father so can I sponsor her, or must it be her mom?
6) If her PR mom sponsors her, she herself has no job, and her daughter is now 19. Should I be co-sponsor (Canadian citizen) ?
7) The VO said it should likely be an application under Family Class FC3 - what is this?
8 ) It looks like a full application - with only a few things not required (no spousal forms needed) - ?
9) We previously paid for our daughter to be included as a dependent on her mom's application. However, I guess we just must pay again now as a separate application.
10) Any hope that this may go faster than the posted times (9 months currently for Beijing - not counting strike delays) ? Any kind of priority for dependents?

 

[scylla]

There is nothing to appeal because she hasn't actually been refused.

Have your wife land as soon as possible and then submit the documents to sponsor her daughter as soon as she lands.

1) Yes - you'll need to submit everything again.
2) I don't know if you can reuse the medical.
3) This isn't at all unusual. Just follow the steps outlined on the CIC web site.
4) Yes - it will be outland.
5) Her mother has to sponsor her.
6) There are no minimum income requirements to sponsor a dependent.
7) Don't know.
8) Don't know. Hopefully someone else can help.
9) Yes - you must pay again.
10) Yes - it should go faster. I don't know how much faster.

 

[Sweden]

Hey,

Sorry to hear about your story. I don't know if an appeal is preferable, but I would think that sponsoring her would be faster. Depending on where you will be in Canada, it might take a really long time. Beijing is a fairly "quick" VO and your daughter is already in Canada, so it should be fairly straightforward.

to answer your questions (at least the one where I know the answer):
1 - yes. Most likely you will need everything again.
2 - medicals should still be valid indeed.
3 - use the outland forms, where your child is located is not really relevant.
4 - yes - for dependent children there is no inland possibility, only outland.
5 - if you haven't adopted her, then it's only her mum that can sponsor her.
6 - There is no co-sponsor for children/spouse sponsorship. YOur wife will be the sponsor, but you can explain the situation in the application, that you will be supporting the family etc., as long as CIC knows how your wife plans on supporting her daughter (i.e. through you), it's not an issue.
7 - no idea.
8 - yes. Full application, and everytime, just answer the question about the "applicant" from the point of view of your daughter.
9 - not too sure. go on the "calculator" for the fees, and it will give you the answer. But yes - it will cost more to go that route, rather than having it included in the first application.
10 - no priority for dependent, but most likely it will be much faster indeed. in the case of spousal, they have to check if the relationship is genuine etc... in case of children it's usually pretty obvious, and she was included in the original application ( so she has been medically examined etc.) so it should go faster.

Good luck,
Sweden

 

[Sweden]

Well Scylla posted faster, but the answers are pretty much identical, so that's a good sign!
Sweden