Hi I'm waiting for a positive LMO and then will apply for my TWP (N0C 0) so my OH will get an OSWP. My Daughter is currently in Canada on
1st Year IEC but we are looking for a plan B just in case she is not successful in the stampede for this years programme which is extremely late in opening this year, she only has 9 weeks left on her current visa so time is running out for her. I have read somewhere that as my daughter is under 22 she will also qualify for a work visa for the length of my TWP is anyone able to confirm this for us.

When does she turn 22 and what province are you going to?

As I think you've seen on another thread, normally the dependent children of TWP holders can't work in Canada (although they can accompany you and go on your visa application, but essentially would be on a visitor visa for the duration), but there are pilot programs in place in 3 provinces that would allow her to work - have a re-read of the link you've been given before which will tell you if any of those will apply to her.

Will you have time to apply for PR before she turns 22, or will she have to qualify for it on her own? That's something else to consider.

Hi Christmasoompa thank you for your help. We will be heading to Alberta and timeframes to submit for PR will be tight we have until early August! But I think with my employers support we can apply under AINP as soon as we arrive I have also read that as long as our application is submitted before the 22nd Birthday then we should be ok. Just hoping the accelerated LMO comes through for us and that we can head out as soon as.

Hi again just read this linkhttp://www.cic.gc.ca/english/work/occupations.asp
When reading the page it states Application Deadline July 31 2013 but then when you go on to read the Operational Bulletin 122 it states the pilot has been extended until July 30 2012 does anyone know the correct date? Really hoping the pilot is still open

Don't know for sure but it looks to me like the 2013 date is the relevant one esp. since every program has deadlines in 2013

OK, so make sure you take everything with you that you'll need for a PR application so you can apply asap, and get it written in to your contract that the company will sort it by x date.

Don't forget though, that although age is 'locked in' (i.e. if you apply before she turns 22 then it doesn't matter if PR isn't granted until she's 24), dependency isn't. So make sure she's studying/doesn't get herself a serious boyfriend/doesn't leave home etc before getting PR!

As for the pilot programs, they have been around for a couple of years now I think, so may well be extended again, but no way of knowing for sure. It's definitely still open now though, the other page just obviously hasn't been updated.

HTH and good luck.

Thanks again Christmasoompa for your help always appreciated . You say make sure se doesnt leave home, do you know if she would be able to work seasonally away from home ie Banff with her mailing address remaining the home address?

She must be a full-time student and financially dependent on you to qualify as a dependent child over the age of 22, so she could possibly work away briefly during term breaks, but not more than that.

HTH.

So do you know if she qualifies for a TWP under a pilot scheme will that be time limited until her 22nd Birthday or will it be slightly different if a pilot scheme is in place?

I think that once she's got a TWP under the pilot scheme, it's hers until it expires - so for instance, if you get a 2 year TWP, then she'd get a 2 year TWP as well even though she'll turn 22 before then.

But obviously once the TWP has run out, she's going to be limited on options to stay if she can't go on your PR application, so careful planning will be needed!

Thank you so much for your help Christmasoompa lots of food for thought and as you say needs careful planning.

Sorry christmasoompa, that isn't quite right.

If the application is received by CIC and fee's paid for processing prior to the 22nd birthday then she is deemed dependent regardless of how long it takes for PR to be granted. She does not need to be a student or live at home in the interim, the only caveat is that she does not enter into a common-law or married union.

My son was 5 days off his 22nd birthday when our application was submitted and lived on his own in the UK. We obtained PR 5 years later, when he was 27 and he was 'locked in' as a dependent, as he had not entered into a marriage or common-law union.

See also: http://www.cic.gc.ca/english/resourc...p/op01-eng.pdf section 5:24

http://www.cic.gc.ca/english/resourc...p/op02-eng.pdf sections 5:13 and 5:4

In order to meet R2(b)(i) of the definition of “dependent child”, a child must be under 22 years of age and not a spouse or common-law partner on the date when the IMM 1344AE is received by CPC-M, and not a spouse or common-law partner when the visa is issued, and when they arrive in Canada.

Mmmm, interesting. If I'm wrong then apologies, but I always understood that although age is locked in, dependency isn't.

The first section you've mentioned says 'Refugee and economic class: Lock-in (of age) occurs when a visa office has accepted a
submission as an application.' and 5.4 of the second also only mentions age being locked in.

I can't see anywhere in the sections you've mentioned where it says that dependency isn't locked in, it only refers to age? The various bits I've read on dependency say to me that they must still be dependent when the visa is issued, but perhaps I'm reading it wrong.

Was your son a student or financially dependent on you when you got PR? Or were CIC were aware that he was living at a separate address from you?

Curiouser and curiouser! We need an expert opinion to clarify, *paging PMM, would PMM come to the forum please*.

Yes, CIC were totally aware that my son lived overseas - my application was dealt with by Vegreville whilst his was processed by London. At no time was he a student, he worked and lived independently and did not rely on me for financial assistance. There is an Operating Manual for overseas processing of children of inland applicants, so it is not uncommon. http://www.cic.gc.ca/english/resourc...p/op24-eng.pdf

Regarding the sections above, it specifically says that they must not be married or living in a common law relationship at the time of application and when the visa is issued and when they land. That is the only caveat provided they are under 22 at the date the application and fees are received by CIC.

Perhaps you are confusing it with an 'over 22' year old dependant - at time of application - where they must be financially dependant or a student and/or unable to take care of themselves due to a disability and must continue to be in that position when PR is granted.

5:13 of OP2 states:

5.13. Who qualifies as a dependent child?

R2 and Section 6 in this chapter describe who qualifies as a dependent child.

In order to meet R2(b)(i) of the definition of “dependent child”, a child must be under 22 years of age and not a spouse or common-law partner on the date when the IMM 1344AE is received by CPC-M, and not a spouse or common-law partner when the visa is issued, and when they arrive in Canada.

Not a spouse or common-law partner means that the dependent child must not be married or involved in a common-law relationship. A dependent child who is single, divorced, widowed, or whose marriage has been annulled is not a spouse. Similarly, if the dependent child was involved in a common-law relationship but that relationship no longer exists, they may be considered to meet the definition.

R2(b)(ii) & (iii) describe children over the age of 22 who may be considered dependent children ifthey are substantially dependent on their parents for financial support. This includes full-time students enrolled in accredited post secondary institutions or children with a physical or mental condition. In such cases, officers must ask for documentary evidence of full time attendance at school, evidence of the institution's accreditation with the relevant authority, evidence of the physical or mental condition and evidence of financial dependency on parents.

For further information on dependent children over the age of 22, see:
• Assessment of a claim that a dependent child is a student, Section 14 below.