Non-accompanying dependant now wants to come to Canada....

[canadianloafer]

Sorry if this has been answered somewhere but I have searched without success....

I have been a PR since 2013. When I initially applied I had to include my two sons who at that time lived with their mother (my ex) in the UK. They were approx 15 and 17 at the time and had to undergo medicals, background checks etc even though non accompanying.
The youngest (now 21) has expressed that he wishes to continue his life in canada and will initially be coming to live with me. It is my understanding that I can sponsor him under the family class as his age was 'frozen' at the time of my original application so the under 19 rule does not apply.?

My main questions are ;

1. Can I sponsor him to become a PR ? (or is he already 'sponsored as a result of being on my original application.. ? )
2. if I can sponsor can I do it from within Canada ie if he come on vacation then applies from within..or will he need to leave, apply then return ??
3. If the answer is yes to the above how long before he gets a WP or PR (bearing in mind he has already been included on an application)

Or is it the case that he cant be sponsored? In which case what was the point of being included on mine!

CIC rules are simple - Im not confused at all!! ;D ;D

If any one has an answer or partial answer I would appreciate it (I am waiting for a professional aopinion but they are taking forever)

 

[Regina]

I regret to tell you but you cannot sponsor him because he is older than 19. He is not your dependent child anymore.
http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp

If he could come through any other program , FSW , for example, you (his parent) in Canada could bring him some points for "a relative in Canada".
Or you can pay tuition for his study in Canada as a foreign student and then, after graduation, he could apply through Express Entry as CEC (and a parent in Canada will bring him some points).

 

[Bs65]

I regret to tell you but you cannot sponsor him because he is older than 19. He is not your dependent child anymore.
http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp

If he could come through any other program , FSW , for example, you (his parent) in Canada could bring him some points for "a relative in Canada".
Or you can pay tuition for his study in Canada as a foreign student and then, after graduation, he could apply through Express Entry as CEC (and a parent in Canada will bring him some points).

i would tend agree given the original PR application is now closed off and not really relevant. It is just a requirement to list non accompanying dependants and go through all the hassle of medicals etc.. for reasons known to CIC.

It doesnt mean in doing so the dependants are part of a banked application just confirmation at the time they were not part of the PR application.Now they are no longer considered dependants so cannot be sponsored under family class.

As this is a forum take account of input but as always if in doubt seek professional advice

 

[screech339]

The son would have been qualified to be your dependent under the old dependent rules since he is under 22. Not sure how this old rule worked since legal adult age has been 19 in Canada for years. I never understood the logic behind the 22 age rule. Does the government think ages 19, 20, 21 are not legal age of an adult?

Anyway your son might have a chance if the current liberal government passed a bill changing the dependent age to under 22 before your son turned 22. Again not sure what's their logic behind that. Your son would not likely meet the 2nd definition of dependent 22 or older as it requires continuous full time studies at college until PR is granted and from the sound of it, your son has probably stopped or finished his college education courses.

 

[Lady_Ashka]

Could he not sponsor his son in the family class in the same class as if he could his parents? Do rules for parental sponsorship (i.e. a PR/Citizen sponsoring their parents) not apply to children?

 

[screech339]

Could he not sponsor his son in the family class in the same class as if he could his parents? Do rules for parental sponsorship (i.e. a PR/Citizen sponsoring their parents) not apply to children?

His son is not his parents' legal dependent. So the son can't qualify under parent's PR sponsorship either. Besides the son must be under 19 to be a dependent regardless of what PR programs are available.

 

[Lady_Ashka]

yes! I meant the 'other family members' family sponsorship - one can sponsor one's spouse in the spouse programme, but then there is a third category, 'other family members', and though I never looked into this I assume that's through which ppl sponsor their parents and, if possible, also siblings ? I just thought maybe there was a category there, under 'other relatives' for an adult child, as I am assuming there is one for parent or sibling (or isn't there?).

 

[screech339]

yes! I meant the 'other family members' family sponsorship - one can sponsor one's spouse in the spouse programme, but then there is a third category, 'other family members', and though I never looked into this I assume that's through which ppl sponsor their parents and, if possible, also siblings ? I just thought maybe there was a category there, under 'other relatives' for an adult child, as I am assuming there is one for parent or sibling (or isn't there?).

He can sponsor his son under the "alone in Canada" clause, if he is not married, not common law, and his parents are no longer alive and has no other living relatives that has PR or canadian citizenship.

 

[Lady_Ashka]

aaaa, I seee - thanks - I didn't know all that! So sorry canadianloafer

 

[screech339]

aaaa, I seee - thanks - I didn't know all that! So sorry canadianloafer

Well the OP does have a chance to sponsor his son, if he is not married, not common law and both his parents are no longer alive and has no other children besides his sons. Only then does he have a chance to sponsor his son. The OP didnt specify any of this in his post. So let not jump to conclusion that he cannot sponsor his son. This is his only chance to bring his son over for PR.

 

[Lady_Ashka]

Btw, does that apply to other family members? As in: if he wanted to sponsor his parents, would he also have to be 'alone' ? that doesn't strike me as right because from what I can see on the forms and this forum, ppl co-sponsor their parents with their spouses. anyway, good luck canadianloafer!

 

[screech339]

Btw, does that apply to other family members? As in: if he wanted to sponsor his parents, would he also have to be 'alone' ? that doesn't strike me as right because from what I can see on the forms and this forum, ppl co-sponsor their parents with their spouses. anyway, good luck canadianloafer!

Parent PR sponsorship is a completely different type of family PR venue. Different rules apply. Besides, as long as his parents are alive, he is no longer qualify for "alone in Canada" clause as he can bring them to Canada for PR.

 

[Lady_Ashka]

Ok, I see - thanks so much for the clarification

 

[Bs65]

Section 2 in this link seems relevant http://www.cic.gc.ca/english/immigrate/sponsor/relatives-apply-who.asp
Is the wording not a catch 22 as sponsoring one son whilst the other son could also be sponsored or parents cancel out this option.

 

[screech339]

Section in this link seems relevant http://www.cic.gc.ca/english/immigrate/sponsor/relatives-apply-who.asp

The link basically says you can sponsor any (1) other relative if you are not married, not common law, has no "dependent" children, no parents, and has no living relatives that are PR or Canadian.

The OP can sponsor his son for PR if he meets the above conditions.