Check out this case
A craftsman has utilized for a piece visa in Canada. She has two sons, one is 21 years outdated and the opposite is 22 years outdated. She needs to incorporate them within the utility as her dependent youngsters. Technically, youngsters 22 and underneath are thought of dependents. Nonetheless, because the utility takes greater than a yr to finish, her youngsters will likely be over 22 years outdated on the time the applying is accepted. At that time, her youngsters should have completed college and are outlined as independents. The query is, are the sons eligible to immigrate as dependents?
The reply is sure, however the processes nonetheless rely on the definition of “dependent”. Earlier than defining that, you will need to assess the case primarily based on the next context.
Many international employees apply to Canada as expert employees. A talented employee has years of expertise and coaching in a specific subject, creating abilities solely particular to the sphere. All these immigrants are most popular in Canada and different western international locations. Candidates underneath the expert employee class are allowed to incorporate their partner and dependent youngsters of their functions. As soon as accepted, the partner and youngsters can even immigrate to Canada.
For the Expert Employee functions, dependent youngsters are legally outlined as those that are 22 years of age or youthful. Nonetheless, there may be an exception to this definition. Youngsters over the age of twenty-two are nonetheless thought of dependent youngsters in the event that they had been already considerably depending on their dad and mom’ remittances earlier than reaching that age. Those that take persevering with programs till they attain this age are additionally thought of dependent.
Then again, an essential issue to think about with this definition shouldn’t be within the authorized guidelines, however within the standing of the applying. Generally details about dependents is ‘locked up’ or ‘frozen’. In different phrases, a baby’s age and monetary dependency will be calculated or taken under consideration in three totally different conditions: from the applying date, from one other date, or from the immigration officer’s bidding each time which may be.
Lock date for age
Beneath this situation, Canadian Immigration Officers (Citizen and Immigration Canada or CIC) have inner insurance policies relating to the age of the youngsters. They determine the inclusion date on the date of the expert employee’s utility. The lock-in date is set by the next adjustments from the CIC coverage guide:
The lock-in date serves as a reference level to freeze sure elements till requests are processed. Such definition shouldn’t be underneath any regulation or regulation. Nonetheless, it doesn’t go towards the legal guidelines that an applicant should comply with.
For the refugees or these belonging to the financial class, the age lock happens when a visa officer has accepted a submitted utility. This coverage doesn’t battle with case regulation, which usually takes priority over the CIC coverage in case of battle.
On this case, the youngest son within the instance qualifies as a dependent. Additionally, even after a yr and a half, he nonetheless qualifies as a dependent as a result of he’s underneath 22 years outdated on the time of the age lock-in.
Lock-in date for monetary dependency
The lock-in date for monetary dependency, then again, is the date on which the applying is determined. Because of this the eldest son shouldn’t be thought of a depending on the day an immigration officer decides on an utility. After a yr and a half, he now not thought of himself financially dependent. That is in keeping with the previous Canadian immigration coverage.
This coverage has already been modified. In 2005, the Hamid (a federal court docket of Canada) declared that within the absence of a conflicting authorized requirement, the lock-in date for monetary dependency of a talented employee’s youngsters falls on the submitting date. This rule continues to be adopted.
The court docket of Hamid logically causes that the lock-in definition for age also needs to be the identical because the lock-in for monetary dependence. Furthermore, there may be inadequate motive to carry the candidates accountable for the delay within the utility course of. Since that is past their management, it’s now preferable to offer them extra probabilities to have their dependent youngsters immigrate with them.