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Important clarification about Non-accompanying Dependant Child

Important clarification about Non-accompanying Dependant Child

Old Feb 8th 2010, 12:52 am
  #46  
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Default Re: Important clarification about Non-accompanying Dependant Child

Originally Posted by siouxie
No, any "child" under the age of 22 (unless they are married or living in a common law situation) is classified as a dependant for immigration purposes.

If they are over 22 and in full time education then they are also classified as a dependant, provided they are not married or common law.

Children are "locked in" at the age the application is accepted regardless of the age they are when PR is granted - as long as they are still single in the case of someone who was under 22 at the time of application, or still in full time education and single in the case of an over 22 year old.

Hope that clarifies it for you

OP2 - 5.4 and OP1 - 5.24

Thanks for clarifying that, wow glad we managed to get it done when we did, I can imagine there are a lot of older teenagers that could really stand their ground and refuse to undergo the meds
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Old Jun 6th 2010, 6:08 am
  #47  
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Default Re: Important clarification about Non-accompanying Dependant Child

Hi all - we are in the process of submitting paperwork to London - got one daughter who has just turned 22 so not included and one son 20 who is deemed a dependant. He would not refuse to have medical if requested but does not want to go to canada at this time and has been removed from number of family members applying to go (as directed by Nova Scotia gov) It states that we need to submit statutory declaration indicating he is not going and that this means we will not sponsor him in the future. If this is submitted will he still have to have a medical? If we don't submit this letter at this stage will this allow us to sponsor him in the future?

It is so confusing.

To make matters worse he has a conviction as a juvenile which may impact on our application, but I researched and believe it won't if he was convicted in juvenile court - same as in Canada, which was the case.

any advice please.
thanks bron
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Old Jun 6th 2010, 6:21 am
  #48  
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Default Re: Important clarification about Non-accompanying Dependant Child

Hi

Originally Posted by bron111
Hi all - we are in the process of submitting paperwork to London - got one daughter who has just turned 22 so not included and one son 20 who is deemed a dependant. He would not refuse to have medical if requested but does not want to go to canada at this time and has been removed from number of family members applying to go (as directed by Nova Scotia gov) It states that we need to submit statutory declaration indicating he is not going and that this means we will not sponsor him in the future. If this is submitted will he still have to have a medical? If we don't submit this letter at this stage will this allow us to sponsor him in the future?

It is so confusing.

To make matters worse he has a conviction as a juvenile which may impact on our application, but I researched and believe it won't if he was convicted in juvenile court - same as in Canada, which was the case.

any advice please.
thanks bron
1. If he has a medical, and remains a dependent you could sponsor him up to the age of 22 therefor you list him as accompanying dependent. He will still have to complete the forms and get a criminal records check as well. He will have to complete the schedule 1 , Imm 5406 and be included on the IMM 08

Last edited by PMM; Jun 6th 2010 at 6:23 am.
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Old Jun 6th 2010, 6:27 am
  #49  
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Default Re: Important clarification about Non-accompanying Dependant Child

Thanks for quick reply - we can't include him on the application as Nova Scotia gov asked us to remove him on IMM0008 form as we had stated he did not intend to accompany us. We had originally included him in the numbers of family members going, (to be listed even if they are not going). I checked with NSG and they said to keep fedal paperwork same but did not give explanation as to why they wanted different info than what federal guidelines state.

We are not sure what to do as down the line - years maybe- it would be nice for him to have option of coming over - if we ever make it there also.

thanks bron
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Old Jun 6th 2010, 6:34 am
  #50  
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Default Re: Important clarification about Non-accompanying Dependant Child

Hi

Originally Posted by bron111
Thanks for quick reply - we can't include him on the application as Nova Scotia gov asked us to remove him on IMM0008 form as we had stated he did not intend to accompany us. We had originally included him in the numbers of family members going, (to be listed even if they are not going). I checked with NSG and they said to keep fedal paperwork same but did not give explanation as to why they wanted different info than what federal guidelines state.

We are not sure what to do as down the line - years maybe- it would be nice for him to have option of coming over - if we ever make it there also.

thanks bron
Who you going to listen to? The Feds, you run the program and say you have to either include or submit a stat. dec. stating that you realize that if he is not examined he is not a family member and can't be sponsored in the future, or include him in the application as non-accompanying and have him examined. Gives you a 2 year window to sponsor up to the age of 22. Not forever in the future.

Honestly you would be better off to include him the application as accompanying, have him complete the application, get the COPR ( it would be valid for 1 year after the medical). Then he "lands" (if can be near the end of the validity of the visa) it doesn't have to be with you. He then can return home and has 3 years to make the decision to return before he loses his PR status. A lot of things can happen in 4 years.
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Old Jun 16th 2010, 3:50 pm
  #51  
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Default Re: Important clarification about Non-accompanying Dependant Child

Hi there

Does anybody have an example of a non-accompanying family members declaration letter?

Thanks
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Old Jun 17th 2010, 1:10 am
  #52  
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Default Re: Important clarification about Non-accompanying Dependant Child

Hi - yes i am just drafting a letter to be notarised - we have never met my OH daughter and don't have her address so can't ask her to complete the forms - nor is his name on the birth certificate, but don't want to lie in case someone we were found out - we do pay CSA and there has been a DNA test to prove he is her father. I am canadian and husband is british.

God - so worried now!
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Old Jun 17th 2010, 6:29 am
  #53  
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Default Re: Important clarification about Non-accompanying Dependant Child

Where did you get an example from? Luckily we don't have any issues with my OH mother of his child, but his son won't be coming with us, but i'm still confused over this letter!!!
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Old Jun 17th 2010, 3:26 pm
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Default Re: Important clarification about Non-accompanying Dependant Child

I have not been able to find another thread for my question so if you like to send the link that would be helpful.

Thanks
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Old Jun 18th 2010, 11:58 pm
  #55  
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Default Re: Important clarification about Non-accompanying Dependant Child

CanadianDreams I was given this last year .......if that helps

Dear Immigration Assessment Officer


"I, XX, hereby declare that my children [] (and) [] will not be accompanying me to Canada and furthermore that he/they have declined to be examined for the purposes of my immigration to Canada. It is therefore with regret that I advise that the children) will not be accompanying me to Canada. I fully understand that, section 117 ((9) d) of the Immigration and Refugee Protection Regulations provides that if family members are not so examined they will not be deemed to be Members of the Family Class, and therefore I will be unable to sponsor them for immigration to Canada at any time in the future."


Yours Sincerely


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Old Jun 19th 2010, 5:47 am
  #56  
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Default Re: Important clarification about Non-accompanying Dependant Child

Thanks very much JimmyDean!
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