Thank you kindly for your reply Massood,

In the event that we are able to convince the immigration officer of my sister's dependency on my mom due to her eye sight and he decides to classify her as a dependent but deem her medical condition as being inadmissible, will this affect my mom's application as having a dependent who is inadmissible due to her (my sister's) eyes/medical condition?

Could my mom's case get rejected based on having an inadmissible dependent due to medical condition if we decide to ask CIC to include her as a dependent for visa processing?

Thanks for your help once again.

Warm regards,

Jimmy





JimmySachdev
Junior Desi




Posts: 2
Location:
Sister's Dependent Status in Question
Dear Massood,

Your help/advice would be greatly appriciated.

I had sponsored my mom and my sister (being my mom's dependent) to come
to Canada under the family immigration basis with a lock in date
towards the end of 2002. At the time of sponsorship, my sister had been
studying in a University and financially dependent on my mom prior to
attaning 22 years of age.

My sister has a rare eye condition called Leber Congenital Amaurosis
since birth that prevents her from living a normal life and the
pressure from studying/intensive use of her eyes had worsened her eye
sight that she had to leave her University. At the time of application,
we did not provide any information about her eye condition in Schedule
1 (Background/Declaration) -Form IMM 0008 (0602002) E as we were not
sure if her condition would be considered as a "serious disease or
physical disorder" as per the last check box of point number 9 of the
form.

A few days ago my mom received a letter from the Regional Canadian
Immigration Processing Post that they are satisfied with her having a
familial relationship with me and had provided instructions for her to
complete her Medical Exam. However, they are not satisfied with my
sister as still being her dependent as she is now above 22 and had
asked if we wish to remove her from the application. We have not
informed the Embassy that she had left school and they have now asked
for proof of her full time school attendance since then if we still
would like to still include her.


If my sister cannot immigrate, she will be the last member of my family
left out. Leaving her behind alone would be very difficult for her as
she is financially dependent on my mom due to her eyesight. Would
informing the officer about her eye condition be too late? Would this
jeopardize my mom's case? Will her eye condition make her inadmissable
on a medical ground or would it enhance her case on a compassionate
basis to still be considered as my mom's dependant?


Kindly advise what do you think would be the best course of action at
this time.


Thank you for your help.

Warm regards,


Jimmy








08-07-05 12:38:11

Massood
Global Moderator


Posts: 1416
Location: Vancouver, BC, Canada

Would informing the officer about her eye condition be too late?
- NO. IT IS CLEAR THAT YOUR SISTER IS NO LONGER A FULL-TIME STUDENT.
- IT IS BETTER TO BE UPFRONT WITH THE EMBASSY/CONSULATE & DISCLOSE EVERYTHING. FURTHER, YOU SHOULD EXPLAIN WHY YOUR SISTER SHOULD STILL BE CONSIDERED A DEPENDENT OF YOUR MOTHER. EXPLAIN THE SAME WAY YOU'VE WRITTEN ABOVE [TO ME] AND ENCLOSE MEDICAL EVIDENCE OF HER CONDITION AND DEPENDENCY.

Would this jeopardize my mom's case?
- IT WILL ONLY DELAY THE PROCESSING WHILE YOU TRY TO CONVINCE CIC ABOUT HER 'DEPENDENCY' [OFTEN VERY DIFFICULT BUT NOT IMPOSSIBLE, FROM MY EXPERIENCE]. IT WILL NOT JEOPARDISE MUM'S CASE. YOUR MOTHER HAS THE OPTION TO DELETE YOUR SISTER IF HER PRIORITY IS TO JOIN YOU IN CADADA.

Will her eye condition make her inadmissable on a medical ground or would it enhance her case on a compassionate basis to still be considered as my mom's dependant?
- WORKS BOTH WAYS. YOU HAVE TO BE CAREFUL HERE. IT IS A VERY FINE LINE. I DON'T WANT TO BE SEEN AS SOLICITING CLIENT, BUT THIS IS WHERE GOOD LEGAL ADVICE WILL BE WORTH THE MONEY.

Good luck!

-----------------------------
Massood Joomratty, LLB(Hons), LLM

Your Canadian Immigration Lawyer

SINGH, ABRAHAMS & JOOMRATTY - (Barristers & Solicitors)
SAJ Lawyers - READ MORE AT AskMassood.com . My email address is here



10-07-05 20:17:13

JimmySachdev
Junior Desi






Posts: 2
Location:

Thank you kindly for your reply Massood,

In the event that we are able to convince the immigration officer of my sister's dependency on my mom due to her eye sight and he decides to classify her as a dependent but deem her medical condition as being inadmissible, will this affect my mom's application as having a dependent who is inadmissible due to her (my sister's) eyes/medical condition?

Could my mom's case get rejected based on having an inadmissible dependent due to medical condition if we decide to ask CIC to include her as a dependent for visa processing?

Thanks for your help once again.

Warm regards,

Jimmy

If your sister is a dependent and deemed inadmissible because of her medical condition, your mum's application will be refused. You will have the right of appeal and depending on the facts, you may win on appeal.

We have done many such cases where the sponsor knows the application will be refused but takes a risk knowing that he/she has a very strong case on appeal. An experienced immigration lawyer will help you and advise on your specific circumstances.

-----------------------------------------------------------------
Massood Joomratty, LLB(Hons), LLM

http://www.passportcanada.com" target="_blank">Your Canadian Immigration Lawyer

http://www.joomratty.com" rel="nofollow">LINK
+1-604-590-0607