Is my brother older 22 years old dependent child if he is in army?

[murchalka]

Help me!

I and my husband will sponsor my mother. I have 23 years old brother who finished full time program st the University and right away has been taken to the army (mandatory for men in Russia) for one year. By the end of the army he will take a post-graduated program at the University again on a full time basic(fully depend on my mom).

Will he be consider as a dependent child? Can I sponsor my mom with dependent child(my brother)?

Thank you

 

[patiently_waiting]

Hi there, please see the below link. Your brother would not be eligible for sponsorship as he is over 22 years old and you have other living relatives.

http://www.cic.gc.ca/english/immigrate/sponsor/relatives-apply-who.asp

 

[Leon]

Your brother is not a dependent child because he is not a full time student without a break since before the age of 22. If he had done his army duty before age 22 and after that had been a full time student without a break, he could have been considered dependent.

You can still try to include him in the application based on him not having a choice in the matter and still being dependent but they may refuse him.

If you live in SK or MB, you can sponsor an adult sibling under PNP family stream. You would have to have lived there for a year and you and your brother would have to meet certain other requirements.

 

[murchalka]

Your brother is not a dependent child because he is not a full time student without a break since before the age of 22. If he had done his army duty before age 22 and after that had been a full time student without a break, he could have been considered dependent.

You can still try to include him in the application based on him not having a choice in the matter and still being dependent but they may refuse him.

If you live in SK or MB, you can sponsor an adult sibling under PNP family stream. You would have to have lived there for a year and you and your brother would have to meet certain other requirements.

So if I apply for the sponsorship after he finished army (in half a year) and will be accepted in the University (for a post graduated diploma- mom will pay for his full time education) ?

 

[Leon]

To count as a dependent child, he should have been a full time student without a break since before the age of 22. He did have a break in his studies because he had to serve in the army. You can try including him in your sponsorship of your mother and see how it goes but I do not know what immigration will decide.

 

[Driver]

I wonder what happened to this army situation.

 

[Leon]

Hard to say but the rules for dependent children changed about a year ago. The max. age changed from 22 to 19 and overage students are now excluded as well.

 

[preet123]

Hard to say but the rules for dependent children changed about a year ago. The max. age changed from 22 to 19 and overage students are now excluded as well.

i have one question if anyone can help me please -
my file for parents sponsorship application in 2011 , at that time my brother was 18 yrs old .
additional document requested in 2015
got approved in 2016
file transfer to new Delhi now ,they also requested some documents , pcc , landing fee proof , as will as my brother school certificates ,cover the entire period since the age of 18, leaving no gaps, if not already submitted with answers covering this entire period.i have one question if anyone can help me please -
my brother was 18 in 2011,i was thinking his age is locked by cic , why they are asking these document ?
thanks

 

[Leon]

i have one question if anyone can help me please -
my file for parents sponsorship application in 2011 , at that time my brother was 18 yrs old .
additional document requested in 2015
got approved in 2016
file transfer to new Delhi now ,they also requested some documents , pcc , landing fee proof , as will as my brother school certificates ,cover the entire period since the age of 18, leaving no gaps, if not already submitted with answers covering this entire period.i have one question if anyone can help me please -
my brother was 18 in 2011,i was thinking his age is locked by cic , why they are asking these document ?
thanks

They may have sent you a form letter which is also for overage dependents. Your brothers age is locked in. When you send the information, include his school records after 18 if there are any and include a letter stating that according to OP 02, Article 5.23. When must requirements be met by family members?, as a Type A Dependent, your brother is not required to have stayed in school since the age of 18 until now.

Here is the text from OP 02:

Dependent children under 22 years of age

 Is under 22 years of age and not a spouse or common-law partner when the application is received by CPC-M; and
 without taking into account their age, they continue not to be married or not involved in a common-law relationship at visa issuance and when they enter Canada.

You can even print out the page and include it with your documents. You can find OP 02 here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

 

[preet123]

They may have sent you a form letter which is also for overage dependents. Your brothers age is locked in. When you send the information, include his school records after 18 if there are any and include a letter stating that according to OP 02, Article 5.23. When must requirements be met by family members?, as a Type A Dependent, your brother is not required to have stayed in school since the age of 18 until now.

Here is the text from OP 02:

You can even print out the page and include it with your documents. You can find OP 02 here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

Thanks for answering , i don't know if study is not required , why they are asking . it just because in 2015 when they ask for additional document , we select option b dependent child ,at that time his age was 23. is it possible to change option a dependent now?

 

[Leon]

Thanks for answering , i don't know if study is not required , why they are asking . it just because in 2015 when they ask for additional document , we select option b dependent child ,at that time his age was 23. is it possible to change option a dependent now?

In that case, you should add to your reply that you made a mistake when you filled out the documents in 2015. He is a type A dependent because he was under 22 when you applied. Because you chose dependent type B for him is probably why they are asking about his school records now because type B is overage, full time student at the time of application and type B must remain a full time student until he gets his PR.

I don't think it is a problem to change that now. They can see from his age how old he was in 2011 when you applied and verify that he is a type A dependent and not B.