Over the past couple of months, several people have come to me asking the likes of:
“Can my 22-year-old child be considered a dependent family member for Canadian immigration purposes?”
To answer this question, the applicant needs to understand exactly what constitutes a “family member” under Canadian immigration law.
Family members are the immediate members of your family. They include your spouse or common-law partner and your dependent children. A common-law partner is a person of the opposite or same sex who lives with you now and has lived in a conjugal relationship with you for 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.
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 herself or himself due to a medical condition.
Ning Jin is the principal of JR Associates. Over the past 14 years, he has helped clients from around the world resolve numerous immigration-related issues. Ning has received comprehensive legal education from China, US and Canada, and has extensive law firm and corporation experience in immigration law.