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Child included on SW - advice please

Child included on SW - advice please

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Old Oct 23rd 2007, 8:56 pm
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Default Child included on SW - advice please

OMG why does life have to be so complication

My daughter (who is 20 and works in a bank) is included on our SW application as a dependent child under 22 years and wants to come with us to Canada. I now have a job offer and we want to move out next summer after selling our house.

My daughters boyfriend of 2 years is hoping to come out on a BUNAC to give Canada a try, but before then they want to live together to see how things feel prior to the move. They have found a furnished rental so that they do not have to tie up lots of cash and want to move in.

My question is, how will her moving our effect her status on our PR application? She doesn't want to risk this in any way, but is really eager to "fly the nest" for a while.

If this does blow her chances with her inclusion on our SW application, could we then sponsor her through family class (her father, my ex-husband, still lives in the UK - don't know if this makes a difference) when we get PR and how long would this take?

By the way, we fully understand that she can't work in Canada until we get PR and this is not a problem.

Thanks in advance for any advice.
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Old Oct 24th 2007, 6:22 am
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Default Re: Child included on SW - advice please

Hi

Originally Posted by destinationnovascotia
OMG why does life have to be so complication

My daughter (who is 20 and works in a bank) is included on our SW application as a dependent child under 22 years and wants to come with us to Canada. I now have a job offer and we want to move out next summer after selling our house.

My daughters boyfriend of 2 years is hoping to come out on a BUNAC to give Canada a try, but before then they want to live together to see how things feel prior to the move. They have found a furnished rental so that they do not have to tie up lots of cash and want to move in.

My question is, how will her moving our effect her status on our PR application? She doesn't want to risk this in any way, but is really eager to "fly the nest" for a while.

If this does blow her chances with her inclusion on our SW application, could we then sponsor her through family class (her father, my ex-husband, still lives in the UK - don't know if this makes a difference) when we get PR and how long would this take?

By the way, we fully understand that she can't work in Canada until we get PR and this is not a problem.

Thanks in advance for any advice.
She is risking it in that she is working and entering into a common/law relationship which makes her no longer dependent. If she no longer dependent, after you "land" and she is excluded, then she would not be sponsorable.
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Old Oct 24th 2007, 9:23 am
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Default Re: Child included on SW - advice please

Forgive me if I am wrong, but we have just had a similar situtation. Two daughters on our SW application one 24 one 20, both at University. The elder one finished her degree last year but had to remain at University for another year as dependant child, i.e. in full time education and not working. If child was working, they would no longer be financially dependant on parents. Also she has fiance of 4 years, and could not live together as that would also mean she was not dependant on us and therefore would not qualify on our application. As I was advised the children had to remain dependant until application was complete and PR status given.
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Old Oct 24th 2007, 2:36 pm
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Default Re: Child included on SW - advice please

Hi

Originally Posted by sand grownun
Forgive me if I am wrong, but we have just had a similar situtation. Two daughters on our SW application one 24 one 20, both at University. The elder one finished her degree last year but had to remain at University for another year as dependant child, i.e. in full time education and not working. If child was working, they would no longer be financially dependant on parents. Also she has fiance of 4 years, and could not live together as that would also mean she was not dependant on us and therefore would not qualify on our application. As I was advised the children had to remain dependant until application was complete and PR status given.
Your right.
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Old Oct 25th 2007, 9:19 am
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Default Re: Child included on SW - advice please

Thanks for the advice. Looks like she will be living at home for a while yet then.

Could someone just clarify for me as I seem to be getting different messages from different threads. I am probably just being a bit thick.

My immigration consultant says that it doesn't matter that she is working, as long as she is under 22 years old and living at home.

I know that I pay my consultant to advise me, but he has been wrong before so I just want to double check.

Thanks again for the help.
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Old Oct 25th 2007, 9:41 am
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Default Re: Child included on SW - advice please

It states on Imm 008 form as follows:

Dependant children

Daughters & sons including children adopted before the age of 18 who are:

Under the age of 22 and do not have a spouse or common law partner
have been continuously enrolled as full time students and are financially supported by their parents since turning 22 (or from the date of becoming a spouse or common law partner if this happened before the age of 22)

Have substantially depended on their parents support since before turning 22 and are unable to support themselves due to a medical condition

Don't know if that helps, it can sound confusing. I was advised to keep daughter in education after the age of 22 and not in a common law relationship as that would look like she was not financially supported by us but by her common law partner, you should definitely get clarification, maybe Andrew Miller could help?
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Old Oct 25th 2007, 9:48 am
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Default Re: Child included on SW - advice please

Originally Posted by sand grownun
It states on Imm 008 form as follows:

Dependant children

Daughters & sons including children adopted before the age of 18 who are:

Under the age of 22 and do not have a spouse or common law partner
have been continuously enrolled as full time students and are financially supported by their parents since turning 22 (or from the date of becoming a spouse or common law partner if this happened before the age of 22)

Have substantially depended on their parents support since before turning 22 and are unable to support themselves due to a medical condition

Don't know if that helps, it can sound confusing. I was advised to keep daughter in education after the age of 22 and not in a common law relationship as that would look like she was not financially supported by us but by her common law partner, you should definitely get clarification, maybe Andrew Miller could help?
It is confusing isn't it?...it's not just me being dense is it?

I read this to mean that as long as she is under 22, it doesn't matter if she is working or not. It is only when she turns 22 that it causes a problem and we will be in Canada before then.

If anyone interpret this differently, or has done it and knows for certain, I would love to hear from you.

Lynn
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