What would happened to children??

Old Sep 10th 2012, 6:27 pm
  #1  
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Default What would happened to children??

I have applied for entrepreneur immigration with CHC Singapore in 2005 (AOR 1/July 2005) I am sure something would happen soon.

I am wonder what if my children are still consider dependent?

Ist one 28 years old (still single), no longer student and dependent on us financially.

2nd 27 years old, still a student (graduating next year), but in between took a break for year. Another problem she is engaged and we plan to marry her immediately after completion of immigration process. (would her one year break become issue???

3rd 26 years old, completed her education 5 years ago, have good job no longer financially dependent on us.

I would appreciate if someone could let us know what would be their situation?

And can my daughter marry immediately after marry would that be red flag? Can she sponsor her husband?
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Old Sep 11th 2012, 12:14 am
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Default Re: What would happened to children??

3. Your children's age was locked in at the date of the application as long as they were under 22. They still have to be dependent, i.e. support by parents and single to maintain their dependent status.

So the 28 yr old one would not qualify neither would the 26 yr old.
The 27 yr old probably would not be eligible due to this
•is over the age of 22 and has been continuously enrolled as a full-time student and depended substantially on the financial support of a parent since before the age of 22
Taking that year break is not continously enrolled in my opinion.

Based on this all of your children are no longer considered dependent children and would have to make their own applications if they wish to live in Canada.
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Old Sep 11th 2012, 2:54 am
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Default Re: What would happened to children??

The 27-year old IMHO is not caught by the requirement to be a full-time student from age 22 onwards as this requirement only applies if the dependent was 22 or older when the application was received. So the year away from studies does not matter in this case. However, once a child marries they are no longer a dependent. So delaying the marriage until after the child is landed, which could be years away (who knows?) clearly is being done in order to make the visa officer believe the child is still a dependent - what other reason is there to delay the marriage? In other words this child is not really a dependent in my opinion, and the effect is the same.

It is unfortunate that these applications take so long, but it seems to me you are playing a very dangerous game here. if you want to try to claim the 27-year old as a dependent, make sure that you disclose the impending marriage to the visa officer. Otherwise I believe it could be viewed as misrepresentation - and after the marriage not just the 27-year old but also you and your spouse could lose your PR as a result! If the visa officer does go ahead and issue the 27-year old a visa after you disclose everything, then you are fine and she can sponsor her spouse after landing.

Last edited by firstchoice; Sep 11th 2012 at 3:12 am.
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Old Sep 11th 2012, 6:34 am
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Default Re: What would happened to children??

Originally Posted by firstchoice
The 27-year old IMHO is not caught by the requirement to be a full-time student from age 22 onwards as this requirement only applies if the dependent was 22 or older when the application was received. So the year away from studies does not matter in this case. However, once a child marries they are no longer a dependent. So delaying the marriage until after the child is landed, which could be years away (who knows?) clearly is being done in order to make the visa officer believe the child is still a dependent - what other reason is there to delay the marriage? In other words this child is not really a dependent in my opinion, and the effect is the same.

It is unfortunate that these applications take so long, but it seems to me you are playing a very dangerous game here. if you want to try to claim the 27-year old as a dependent, make sure that you disclose the impending marriage to the visa officer. Otherwise I believe it could be viewed as misrepresentation - and after the marriage not just the 27-year old but also you and your spouse could lose your PR as a result! If the visa officer does go ahead and issue the 27-year old a visa after you disclose everything, then you are fine and she can sponsor her spouse after landing.
You seems to be immigration professional so I must take your advice seriously.

Otherwise she is indeed dependent for everything as her studies also financed by loan taken by my wife. Only thing failed to understand as long as she is not married or in common law relationship on the day of landing why immigration would have problem if she decide to marry immidiately after landing?

She has steady boyfriend (which is normal for a 27 year old) who is living in different country, so there is no question of common law relationship as well.

I would appreciate clearification on this matter.
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Old Sep 11th 2012, 9:02 am
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Default Re: What would happened to children??

Originally Posted by Azam Ali
. Only thing failed to understand as long as she is not married or in common law relationship on the day of landing why immigration would have problem if she decide to marry immidiately after landing?
Let me explain my point of view this way: cultural norms may differ, maybe this is not a "love marriage" - although you say she has a steady boyfriend. If you were the visa officer, do you think it would seem normal to you that a couple lives apart for years and years, when they could have married and lived together, and then - as soon as one person has immigrated to Canada - they marry. Why would you not tell the visa officer when the time comes that your daughter has a boyfriend whom she plans to marry but with whom she is not living common-law?

You may be thinking that technically you are complying with the law even if you don't inform the visa officer beforehand, your daughter lands, and then she marries the following week. However these immigration applications leave a long trail of evidence .... also sponsorship applications for spouses require the visa officer to examine evidence of the nature and duration of the relationship too, and to be convinced that the relationship is genuine ... and they tend to be very skeptical individuals if it seems they have not been told the truth, the whole truth, and nothing but the truth. So what I am saying is it is best to be honest and forthright, and to let the visa officer make a decision on your permanent residence application based on a full knowledge of the circumstances.
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