mikeymyke said:
Correct me if I'm wrong, but would this matter anyway considering the dependent was 22 years old, and thus wouldn't have been eligible to be sponsored as a dependent? Normally they have that exemption for full time students, but they got rid of it in late 2014, but you also mentioned in an old post that he was already refused due to his age.
Hello,
I thought it was the age that caused a refusal but it was the training period that made the dependent not a fulltime student according to them, the dependent has to be enrolled in school before the age of 22 which was the case, in 2014 the age was 22 and if the dependent is enrolled in school before this age then they become eligible.
Subsection 1(3) of the Immigration and Refugee Protection Regulations states:
For the purposes of the Act, other than section 12 and paragraph 38(2)(d), and these Regulations, “family member” in respect of a person means:
(a) the spouse or common-law partner of the person;
(b) a dependent child of the person or of the person’s spouse or common-law partner; and
(c) a dependent child of a dependent child referred to in paragraph (b)
A dependent child is defined in the Immigration and Refugee Protection Regulations in section 2:
“dependent child”, in respect of a parent, means a child who
(a) has one of the following relationships with the parent, namely,
(i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or
(ii) is the adopted child of the parent; and
(b) is in one of the following situations of dependency, namely,
(i) is less than 22 years of age and not a spouse or common-law partner
(ii) has depended substantially on the financial support of the parent since before the age of 22 - or if the child became a spouse or common-law partner before the age of 22, since becoming a spouse or common-law partner - and, since before the age of 22 or since becoming a spouse or common-law partner, as the case may be, has been a student
(A) continuously enrolled in and attending a post-secondary institution that is accredited by the relevant government authority, and
(B) actively pursuing a course of academic, professional or vocational training on a full-time basis, or <----------- I assumed that the training would be covered under the vocational training
(iii) is 22 years of age or older and has depended substantially on the financial support of the parent since before the age of 22 and is unable to be financially self-supporting due to a physical or mental condition
