Non-Accompanying Dependent turned 18 During Application Process

[hilkat]

Hi there, I have a specific question about how to fill out a form for a 19 year old non-accompanying dependent but also a more general question. Some background - we submitted our application in September 2019 and included two non-accompanying dependents both of whom were under 18 at the time of the application. Clearly we have been delayed significantly by covid but we also received a procedural fairness letter in April 2021 related to my husband having been denied entry to Canada which we disclosed but did not adequately describe to their satisfaction. We hired a lawyer to help with the response to that PFL and my husband has since been granted an interview.

We just received an updated letter for our interview asking my husband to bring in revised IMM 008, IMM 5406 and IMM 5669 to include his daughter who turned 18 since we applied and also a police clearance for her. To me this is all fine and good, it's some work to get it done in a very short timeframe but I saw it as a good sign that they were asking for this information in advance of the interview. The lawyer however is saying that this is a huge problem, that we need to provide all sorts of information in addition to what was requested, and that they need to prepare a formal response. Also since this wasn't in our original agreement with them they of course want to charge us more money for this. My thinking is that I can pull these forms together and I don't see how this is so bad. But we've been through the ringer on this and I can't tell if my lawyer is just trying to get more money out of me or if this is really a big issue. Any advice would be appreciated.

My more specific question is, on IMM 5406 which is the Additional Family Information form, it says that dependent children 18 years of age or older must complete their own copy of the form. When we previously filled out the form obviously we included her in Section B for Children. Am I right in thinking now she fills it out in Section A even though she is non-accompanying?

Thanks for any help in advance!

 

[armoured]

We just received an updated letter for our interview asking my husband to bring in revised IMM 008, IMM 5406 and IMM 5669 to include his daughter who turned 18 since we applied and also a police clearance for her.

I don't understand what this means - you said both were included as non-accompanying, but now you should include her?

Could you explain?

To me this is all fine and good, it's some work to get it done in a very short timeframe but I saw it as a good sign that they were asking for this information in advance of the interview. The lawyer however is saying that this is a huge problem, that we need to provide all sorts of information in addition to what was requested, and that they need to prepare a formal response. Also since this wasn't in our original agreement with them they of course want to charge us more money for this. My thinking is that I can pull these forms together and I don't see how this is so bad. But we've been through the ringer on this and I can't tell if my lawyer is just trying to get more money out of me or if this is really a big issue. Any advice would be appreciated.

My more specific question is, on IMM 5406 which is the Additional Family Information form, it says that dependent children 18 years of age or older must complete their own copy of the form. When we previously filled out the form obviously we included her in Section B for Children. Am I right in thinking now she fills it out in Section A even though she is non-accompanying?

Thanks for any help in advance!

I'm with you, I don't see that there is anything complex in updating the forms. And yes, I think the child who is now 18+ should fill out her own copy of any forms where suggested/required (I believe IRCC would end up asking for that so save yourselves the time).

(Suggestion, perhaps you could agree with lawyer that you complete the forms and supporting and they just check - I can see that they might want to be certain the information is correct and complete, since they're taking on some responsibility, but that's about it. Is this a Canadian law firm?)

 

[hilkat]

I don't understand what this means - you said both were included as non-accompanying, but now you should include her?

Could you explain?



I'm with you, I don't see that there is anything complex in updating the forms. And yes, I think the child who is now 18+ should fill out her own copy of any forms where suggested/required (I believe IRCC would end up asking for that so save yourselves the time).

(Suggestion, perhaps you could agree with lawyer that you complete the forms and supporting and they just check - I can see that they might want to be certain the information is correct and complete, since they're taking on some responsibility, but that's about it. Is this a Canadian law firm?)

Sorry I just meant that we now need update our application forms to include her as an adult whereas in our original application forms she was included but as a child. In both cases she was and will remain non-accompanying.

 

[armoured]

Sorry I just meant that we now need update our application forms to include her as an adult whereas in our original application forms she was included but as a child. In both cases she was and will remain non-accompanying.

Okay, since nothing too much changes by 'including her as an adult', I'd interpret that to mean that they also want you (her) to complete/meet any requirements (forms and PCC etc) that are required of 18+ year olds. Or in simple terms - yes, she should definitely complete those forms now.