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NEED HELP FOR PROCEDURAL FAIRNESS LETTER FOR DEPENDENT CHILD

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brookshield

Star Member
Sep 1, 2017
107
68
Hi, everyone is anyone can help me my son received a procedural fairness letter
"his refers to your application for permanent residence in Canada. Your application, including all of its supporting documents, has been reviewed and it appears that you may not meet the requirements for immigration to Canada. Paragraph 117(1)(b) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the family class if, with respect to a sponsor, the foreign national is the sponsor’s dependent child. Effective October 24, 2017, section 2 of the Regulations defines a “dependent child”, in respect of a parent, as a child who: (a) has one of the following relationships with the parent, namely, (i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or (ii) is the adopted child of the parent; and (b) is in one of the following situations of dependency, namely, (i) is less than 22 years of age and is not a spouse or common-law partner, or (ii) is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially selfsupporting due to a physical or mental condition You were over 22 years old when the sponsorship application was received on xxxxxx4. You do not appear to have a mental or physical condition that renders you unable to financially support yourself. As a result, you do not appear to meet the definition of a dependent child as outlined in the Regulations. Before a final decision is made regarding your eligibility as a dependent child, you are given this opportunity to respond to these concerns. Your response must be received by this office within 30 calendar days from the date of this letter. If no correspondence is received within the period specified, a decision will be made based on the information available on file which may result in the refusal of your application. "

but my question when we apply permanent resident hes only 20 years old is he consider on the lock in date please help , thank you in advance
 
Hi, everyone is anyone can help me my son received a procedural fairness letter
"his refers to your application for permanent residence in Canada. Your application, including all of its supporting documents, has been reviewed and it appears that you may not meet the requirements for immigration to Canada. Paragraph 117(1)(b) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the family class if, with respect to a sponsor, the foreign national is the sponsor’s dependent child. Effective October 24, 2017, section 2 of the Regulations defines a “dependent child”, in respect of a parent, as a child who: (a) has one of the following relationships with the parent, namely, (i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or (ii) is the adopted child of the parent; and (b) is in one of the following situations of dependency, namely, (i) is less than 22 years of age and is not a spouse or common-law partner, or (ii) is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially selfsupporting due to a physical or mental condition You were over 22 years old when the sponsorship application was received on xxxxxx4. You do not appear to have a mental or physical condition that renders you unable to financially support yourself. As a result, you do not appear to meet the definition of a dependent child as outlined in the Regulations. Before a final decision is made regarding your eligibility as a dependent child, you are given this opportunity to respond to these concerns. Your response must be received by this office within 30 calendar days from the date of this letter. If no correspondence is received within the period specified, a decision will be made based on the information available on file which may result in the refusal of your application. "

but my question when we apply permanent resident hes only 20 years old is he consider on the lock in date please help , thank you in advance

When did you submit the application to sponsor your son? How old is he now?
 
Hi, everyone is anyone can help me my son received a procedural fairness letter
"his refers to your application for permanent residence in Canada. Your application, including all of its supporting documents, has been reviewed and it appears that you may not meet the requirements for immigration to Canada. Paragraph 117(1)(b) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the family class if, with respect to a sponsor, the foreign national is the sponsor’s dependent child. Effective October 24, 2017, section 2 of the Regulations defines a “dependent child”, in respect of a parent, as a child who: (a) has one of the following relationships with the parent, namely, (i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or (ii) is the adopted child of the parent; and (b) is in one of the following situations of dependency, namely, (i) is less than 22 years of age and is not a spouse or common-law partner, or (ii) is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially selfsupporting due to a physical or mental condition You were over 22 years old when the sponsorship application was received on xxxxxx4. You do not appear to have a mental or physical condition that renders you unable to financially support yourself. As a result, you do not appear to meet the definition of a dependent child as outlined in the Regulations. Before a final decision is made regarding your eligibility as a dependent child, you are given this opportunity to respond to these concerns. Your response must be received by this office within 30 calendar days from the date of this letter. If no correspondence is received within the period specified, a decision will be made based on the information available on file which may result in the refusal of your application. "

but my question when we apply permanent resident hes only 20 years old is he consider on the lock in date please help , thank you in advance

If he was 20 when ircc received the application write a letter stating he was 20 at that time and give give them proof that he was like his birth certificate or a passport as proof
 
Hi, everyone is anyone can help me my son received a procedural fairness letter
"his refers to your application for permanent residence in Canada. Your application, including all of its supporting documents, has been reviewed and it appears that you may not meet the requirements for immigration to Canada. Paragraph 117(1)(b) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the family class if, with respect to a sponsor, the foreign national is the sponsor’s dependent child. Effective October 24, 2017, section 2 of the Regulations defines a “dependent child”, in respect of a parent, as a child who: (a) has one of the following relationships with the parent, namely, (i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or (ii) is the adopted child of the parent; and (b) is in one of the following situations of dependency, namely, (i) is less than 22 years of age and is not a spouse or common-law partner, or (ii) is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially selfsupporting due to a physical or mental condition You were over 22 years old when the sponsorship application was received on xxxxxx4. You do not appear to have a mental or physical condition that renders you unable to financially support yourself. As a result, you do not appear to meet the definition of a dependent child as outlined in the Regulations. Before a final decision is made regarding your eligibility as a dependent child, you are given this opportunity to respond to these concerns. Your response must be received by this office within 30 calendar days from the date of this letter. If no correspondence is received within the period specified, a decision will be made based on the information available on file which may result in the refusal of your application. "

but my question when we apply permanent resident hes only 20 years old is he consider on the lock in date please help , thank you in advance
They must have proof that your son was over 22years old...
 
If he was 20 when ircc received the application write a letter stating he was 20 at that time and give give them proof that he was like his birth certificate or a passport as proof

when we apply h and c his 20 that was April 2022 right now his 23
 
we approve our h and c and got our pr march 2024 and he applied sponsorship September his 23 years now

Assume the child was not in Canada. You only qualified to sponsor your child after you got PR and they were too old at that point.
 
but according to ircc website there’s a lock in date what does it mean
He is not under 22 if you applied in September. The lock in date is when you got your aor that's when ircc received the application which is like 3 weeks to a month which will still make your child not eligible.
 
we approve our h and c and got our pr march 2024 and he applied sponsorship September his 23 years now

So I think this is the issue. It sounds like you included him as non-accompanying in the H&C application and then once you had PR, submitted a new application to sponsor him as a dependent. Is that right?

If so, age was locked in when the sponsorship application was received by IRCC, not when you submitted the H&C application.
 
So I think this is the issue. It sounds like you included him as non-accompanying in the H&C application and then once you had PR, submitted a new application to sponsor him as a dependent. Is that right?

If so, age was locked in when the sponsorship application was received by IRCC, not when you submitted the H&C application.
Okay thank you
 
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