SOWP with dependent adult

[Shaparak1996]

Hi everyone,

My mother has a open work permit valid for 3 years and she is working full-time in a Tier 3 position. My father has a visitor visa but my sister who is 28 years old and she does not have a visitor visa. She is financially dependent due to mild intellectual disability.

is there any way that my mother can apply to bring my sister and my father to Canada? I know my father can apply for SOWP to come to Canada but what request can we make for my sister?

I know in IRCC website they said that " To qualify, an applicant must be one of the following types of family members:

the spouse or common-law partner of the primary foreign worker;
the dependent child of the primary foreign worker or of their spouse; or
the dependent child of the dependent child (aka the grandchild of the primary foreign worker or of their spouse).
A “dependent child” must be under the age of 22 and be unmarried. This definition includes biological and adopted children of a parent. In some cases, children who are 22 years of age or older, but who are unable to support themselves financially due to a physical or mental condition, may also qualify as a dependent. "


what application should we submit for my sister? work permit? visitor visa?


Thank you so much for your help.

 

[Naturgrl]

Hi everyone,

My mother has a open work permit valid for 3 years and she is working full-time in a Tier 3 position. My father has a visitor visa but my sister who is 28 years old and she does not have a visitor visa. She is financially dependent due to mild intellectual disability.

is there any way that my mother can apply to bring my sister and my father to Canada? I know my father can apply for SOWP to come to Canada but what request can we make for my sister?

I know in IRCC website they said that " To qualify, an applicant must be one of the following types of family members:

the spouse or common-law partner of the primary foreign worker;
the dependent child of the primary foreign worker or of their spouse; or
the dependent child of the dependent child (aka the grandchild of the primary foreign worker or of their spouse).
A “dependent child” must be under the age of 22 and be unmarried. This definition includes biological and adopted children of a parent. In some cases, children who are 22 years of age or older, but who are unable to support themselves financially due to a physical or mental condition, may also qualify as a dependent. "


what application should we submit for my sister? work permit? visitor visa?


Thank you so much for your help.

How did your mother get an open work permit? Sister can apply for TRV. If she can work then she is not a dependant and she is over 22.

 

[Shaparak1996]

How did your mother get an open work permit? Sister can apply for TRV. If she can work then she is not a dependant and she is over 22.

My mother got work permit under Iranian Special Measure. My sister is not able to financially support herself alone. She lives with my parents. She has mild intellectual disability and she is dependent adult over 22 (type C dependent child based on IRCC). If we apply for SOWP for my father can we request Visitor visa for all in the same application with my dad?

 

[Shaparak1996]

What do you mean by TRV? do you mean visitor visa or do you mean work permit?

 

[Copingwithlife]

What do you mean by TRV? do you mean visitor visa or do you mean work permit?

https://www.canadavisa.com/canada-immigration-discussion-board/threads/how-long-does-it-take-for-ircc-to-reopen-the-application-after-settlement-in-federal-court-for-tourist-visa.821626/#post-10599597

What happened with this ? You took the IRCC to Federal Court didn’t you ?


“I hired a lawyer and took my sister's application to federal court regarding her visitor visa refusal. “

 

[Shaparak1996]

https://www.canadavisa.com/canada-immigration-discussion-board/threads/how-long-does-it-take-for-ircc-to-reopen-the-application-after-settlement-in-federal-court-for-tourist-visa.821626/#post-10599597

What happened with this ? You took the IRCC to Federal Court ?

Yes we got settlement offer and they re-open the application and asked for supporting documents. The lawyer submitted the supporting document but unfortunately they rejected again with the same reasons. The lawyer suggested to take it again to the court or wait for long time and apply again for visitor visa. However, right now the success rate in visitor visa is not high for Iranians
. so, we decided to not take any action.

 

[Naturgrl]

My mother got work permit under Iranian Special Measure. My sister is not able to financially support herself alone. She lives with my parents. She has mild intellectual disability and she is dependent adult over 22 (type C dependent child based on IRCC). If we apply for SOWP for my father can we request Visitor visa for all in the same application with my dad?

Don’t think your father is eligible for work permit under that special measure. It is for people who come as visitors to apply for a work permit. It is not a measure to reunite family members so they can work. Others on the forum have tried and work, study and visitor permits have been refused. Given your mother has an approved visitor visa and then applied under the special measure expect refusal. They can try. If refused, your father has to apply for a visitor visa. Your sister is applying for a visitor visa and not part of the special measure so applies separately.

 

[Shaparak1996]

Don’t think your father is eligible for work permit under that special measure. It is for people who come as visitors to apply for a work permit. It is not a measure to reunite family members so they can work. Others on the forum have tried and work, study and visitor permits have been refused. Given your mother has an approved visitor visa and then applied under the special measure expect refusal. They can try. If refused, your father has to apply for a visitor visa. Your sister is applying for a visitor visa and not part of the special measure so applies separately.

Here it does say that he is eligible
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/open-work-permit-spouses-dependent-children/eligibility.html

 

[Naturgrl]

Here it does say that he is eligible
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/open-work-permit-spouses-dependent-children/eligibility.html

Where does it state that family member are eligible under the special measure. The special measure if you read it is not a family reunification program. It is a program for those with approved visitor visas who came to Canada to apply for a work permit because they are unable to return. So if your father is refused that is why.

The link is mainly for those who come on closed work permits (high/low stream), study permits or PGWPs.