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Re: Over 22 dependent child - Locked in AGE

Zindamera

Newbie
Jan 30, 2011
4
0
Hello:

I have almost the same problem, my parents recieved a certificate of selection from Quebec as I was under 22 years old, and due to the delay in processing time at the federal government side (Abu Dhabi Embassy) I will finish my education in 2 months and we still didn't recieve the medicals.
my question is since I have received a certificate of selection with my parent's application would there be an age lock due to the certificate? or is it as the above stated case ?
 

PMM

VIP Member
Jun 30, 2005
25,494
1,947
Hi

Zindamera said:
Hello:

I have almost the same problem, my parents recieved a certificate of selection from Quebec as I was under 22 years old, and due to the delay in processing time at the federal government side (Abu Dhabi Embassy) I will finish my education in 2 months and we still didn't recieve the medicals.
my question is since I have received a certificate of selection with my parent's application would there be an age lock due to the certificate? or is it as the above stated case ?
It is the date that the application was received at the overseas office. If you were under 22 on the date that it was received, then your age is locked in. If you were over 22 on that date, then you must have been in full time studies prior to 22 and remain in full time studies until the visa is issued. Of course you can't be married or in c/law relationship.
 

Lubs64

Star Member
Sep 12, 2010
67
5
PMM said:
Hi

It is the date that the application was received at the overseas office. If you were under 22 on the date that it was received, then your age is locked in. If you were over 22 on that date, then you must have been in full time studies prior to 22 and remain in full time studies until the visa is issued. Of course you can't be married or in c/law relationship.
Hi PMM,
I would just like to clarify this point, I have applied from the UK. At the moment the average processing time is 48 months. Does this mean that if the person in question is now older than 22 and is no longer in full time education and their studies have finished before the visa has been issued then they are no longer eligable as part of the application? Would they expect you to just stay in education untill you recieve your visa?

Awaiting your reply,
Lubs64
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
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If London received the application while the person was under 22, their age is locked in and they continue to be eligble as long as they are single. If they were over 22, they must be a full time student since before the age of 22 and until they land as a PR to remain eligible.
 

Lubs64

Star Member
Sep 12, 2010
67
5
Leon said:
If London received the application while the person was under 22, their age is locked in and they continue tand until they land as a PR to remain eligible.o be eligble as long as they are single. If they were over 22, they must be a full time student since before the age of 22
Sorry to be a pain, but I have looked in the 'OP8' manual (entrepreneur + selfemployed) and 'IMM4000 ESAP(01-2010)' manual (business immigration) I can not find any reference that the person has to remain in full time studies until the visa is issued. I might be looking in the wrong manuals, could you please point me to the correct manual.
 

Leon

VIP Member
Jun 13, 2008
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It would be the manual for family class since although one of your parents may be the entrepreneur, the rest of the family are under family class.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,947
Hi

Lubs64 said:
Sorry to be a pain, but I have looked in the 'OP8' manual (entrepreneur + selfemployed) and 'IMM4000 ESAP(01-2010)' manual (business immigration) I can not find any reference that the person has to remain in full time studies until the visa is issued. I might be looking in the wrong manuals, could you please point me to the correct manual.
The following is from OP 06

6.4. Family members of skilled workers

Please refer to R1(3) of the Immigration and Refugee Protection Regulations (IRPR) for the
definition of family members.
Note: The age of accompanying dependent children is locked in on the date of application, but dependence is not. If a child is under the age of 22 on the date of application but 22 years of age or
older when the visa is issued, they may still be included as part of the parent's application as an accompanying dependent, if they are still not married or not in a common-law relationship or, if
they are dependent pursuant to R2(b)(ii). A child who is 22 years of age or older and who is considered a dependant child on the date of application by virtue of R2(b)(ii) or (iii), i.e. financially
dependent due to full-time study or physical or mental condition, must still meet the requirements of these provisions at the time of visa issuance in order to be included in the parent's application. See
OP 2, Processing Members of the Family Class, for more information on who qualifies as a dependent child.
 

Lubs64

Star Member
Sep 12, 2010
67
5
Thanks Leon and PMM for your replies. I must say, you have put me in a bit of a spin. I will have to sit and wait to see how the cookie crumbles.
Lubs64