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Experts please respond ( Mr. Miller or Mr Cohen)

Experts please respond ( Mr. Miller or Mr Cohen)

Old Jan 17th 2002, 2:30 am
  #1  
George
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I have the following questions and very much hope you could answer them

1. If a person had an employment authorization as a spouse of a student in canadian
university and he got immigration while still on this status and he landed, can he
immediately start sponsoring a parent using the documents showing his legal
canadian income for the previous 12 month before landing?

2. If a brother of a landed immigrant entered a 5 year university program AFTER he
turned 19 and has been continuously enrolled there, was supported by his parent
and took only one year off from his studies, can a landed immigrant sponsor him as
a dependent for their mother?

Reason for doubt for the abovementioned second question is the dual interpretation of
dependent chidren in Canadian imigration. quoted below from www.cic.gc.ca

a. " brothers/sisters, nephews/nieces, and grandchildren who are orphans, unmarried
and under 19" Using this definition sponsor can not claim his brother as his
dependent.

b. " Children age 19 and over will be considered dependants if they are full-time
students who have been mainly supported by their parents since they turned 19"
Using this definition sponsor can claim his brother as a dependant to their mother
who in turn and subsequently all her subdependants can be claimed as a dependant
to the sponsor.

Or can this second definition be used to consider person starting attending
university since he turned 19 a subject to the second definition?

I hope to hear your expert advise and thank you in advance.

George
 
Old Jan 17th 2002, 3:48 am
  #2  
David Cohen
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Canadian income gained prior to landing as a permanent resident is not excluded from
the assessment of financial obligations.

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The first definition that you refer to only applies if you have no other eligible
members of the family class. As you refer to your mother's application, this would
not apply. Your brother will be an eligible dependent in your mother's application if
he remains a full time student, and had not interrupted full time studies for greater
than 12 months since the age of 19.
________
CAMPBELL, COHEN - attorneys at law tel:514.937.9445 / fax:514.937.2618
[email protected] http://canadavisa.com

Online Community: http://canadavisa.com/community
 

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