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Instructions gray area,I need enlightenment

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Beaver View Drop Down
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    Posted: 25 Feb 2010 at 9:16pm
Hello all:

Sometimes instructions can be subject for debate. I've been reading these two paragraphs from the instruction guide for the Temporary Resident Visa for some time:

Do my spouse or common-law partner and dependent children need to apply separately?

Your spouse or common-law partner and children who wish to visit Canada must apply for permission to do so. As long as you all apply together it will not be necessary for each person to fill out separate application forms. List the names and other information about your family members in the appropriate space on the application. If you require more space, attach a separate piece of paper and indicate the number and letter that you are answering.

Children 18 years and over must complete their own application form.

Family members are the immediate members of your family. Your spouse or common-law partner and your dependent children are your family members. A common-law partner is a person of the opposite or same sex who is currently cohabiting and has cohabited in a conjugal relationship with you for a period of at least one year.

Dependent children may be your own children or those of your spouse or common-law partner. A child must meet the requirements of type A, B or C below to be considered a dependent child.

So I'm inviting my Mom to visit me someday here in Canada, I have a brother and sister, both in their 40's, my father is deceased. What I seem to understand here in the paragraphs above is, in IMM 5457 Section 2 (Family members) is that "children" is meant for dependents only. Am I right or wrong in that assumption?

Should my mother list my brother, sister, and me (who are not dependent on her anymore) as we are all above 18? Or is CIC interested in our family composition, either living or dead?

My 50-year old sister would probably be the best candidate to accompany my mother, so I know she needs to complete her own application form. Should my mother, in her application, list my sister at the same time under "Children"?

Your interpretation is highly appreciated. Embarrassed



Edited by Beaver - 25 Feb 2010 at 10:52pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote job_seeker Quote  Post ReplyReply Direct Link To This Post Posted: 26 Feb 2010 at 12:15am
Hi,

Posted similar info on the other forum . If you had read further you would have seen the "definition" of dependent children "A, B, or C"

Dependent children may be your own children or those of your spouse or common-law partner. A child must meet the requirements of type A, B or C below to be considered a dependent child:

Type A

He or she is under the age of 22 and single, that is, not married and not in a common-law relationship.

Type B

He or she married or entered into a common-law relationship before the age of 22 and, since becoming a spouse or a common-law partner, has

    * been continuously enrolled and in attendance as a full-time student in a post-secondary institution accredited by the relevant government authority; and
    * depended substantially on the financial support of a parent.

or

He or she is 22 years of age or older and, since before the age of 22, has

    * been continuously enrolled and in attendance as a full-time student in a post-secondary institution accredited by the relevant government authority; and
    * depended substantially on the financial support of a parent.

Type C

He or she is 22 years of age or older, has depended substantially on the financial support of a parent since before the age of 22 and is unable to provide for him/herself due to a medical condition.

Your spouse or common-law partner and children must meet all the requirements for temporary residents to Canada. They must satisfy an officer that they are genuine temporary residents who will be in Canada for a temporary stay. They may be required to provide evidence that they are law abiding and have no criminal record. If your family member applies for a temporary resident visa, they must also meet all the conditions to obtain a visa.

Include them on your application by providing their names and other information in the appropriate space on the application form.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Beaver Quote  Post ReplyReply Direct Link To This Post Posted: 26 Feb 2010 at 10:00am
Oh, I didn't know Immigration.ca regulars here also post in that forum LOL - I actually posted the question here first and the to the other one minutes later. Thanks, job_seeker! Thumbs Up 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote job_seeker Quote  Post ReplyReply Direct Link To This Post Posted: 26 Feb 2010 at 11:08am
Originally posted by Beaver Beaver wrote:

Oh, I didn't know Immigration.ca regulars here also post in that forum LOL - I actually posted the question here first and the to the other one minutes later. Thanks, job_seeker! Thumbs Up 


Some are members of more than one immigration forum, like you.
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