Sponsoring Dependent of Spouse Outside Canada

[bsl1166]

My spouse has a child born August 16, 1996 (21 years old) who has a valid student VISA to study in Canada expiring April 25, 2018. He is currently living in South Korea fulfilling his mandatory military service and will be discharged August 1, 2018 when he intends to return to Canada to continue his studies.

May I include my spouse’s dependent son above in the spousal sponsorship application?

I understand that the dependent child need to meet the conditions of a dependent on the application date and until the application is processed. My concern is that the risk that the application is processed after August 16, 2018 when he turns 22. What happens then?

[SettlementOrgMod]

Hello,

Thank you for sharing your situation and question with us.

You can find some information regarding this on the Immigration, Refugees and Citizenship Canada (IRCC) website in the Can I sponsor a child who is over the age limit for a dependant? section.

Here is an excerpt,

On October 24, 2017, the age limit for dependants changed from “under 19” to “under 22.” You can sponsor a child who is 22 years of age or older if they meet both of these requirements:

• they have depended on their parents for financial support since before the age of 22, and- they are unable to financially support themselves because of a mental or physical condition
  If your child is over the age limit and is not financially dependent on you due to a mental or physical condition, you may be eligible to sponsor your overage child if you meet all these requirements:

• your application for permanent residence was either:

• pending on May 3, 2017, or- was received between May 3, 2017 and October 23, 2017

• you had identified your child as “additional family” on your application- your child was 19, 20 or 21 on May 3, 2017, or on the date we received your application for permanent residence (if received between May 3 and October 23, 2017)- your child does not have a spouse or common-law partner- your child is not inadmissible to Canada

Use our online tool to check if your child qualifies as a dependant. If they qualify, you will see specific instructions on how to send us a request to sponsor your child. You have to notify us by January 31, 2018.

You may also want to contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre directly for some additional information and for some information specific to your situation.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org