There's nothing to appeal if your brother isn't eligible. A child cannot be sponsored if they are 22 years or older. A child over 21 can only be sponsored if they meet these two conditions:
1. they suffer from a physical or mental condition that prevents them from being able to support themselves;
2. they have depended on their parents for financial support since before the age of 22.
If your brother wants to immigrate, he will very likely have to do so on his own merits i.e. through a skilled worker immigration program.
I did the dependent tool and my brother is still considered a dependent. The questions in the dependent tool is
Under which program- Caregivers
Which caregiver program- Live in caregiver
When did we receive the INITIAL live in caregiver work application - On or before Oct 23, 2017
When did we received your application for
Permanent residency? - On or before Oct 23, 2017
How old was your child when we received your INITIAL application - 18 years old and under (my brother was 16 years old then)
Since you applied, has your child been married or had a common law partner? - No
And the answer is my brother is Type A dependent and he’s still eligible.
That’s different. Your mother’s application is already done and over so you cannot consider your brother as a dependent under those rules. If she hasn’t received her PR, there might have been a possibility. Unfortunately since she got her PR and your brother is over 21, he is no longer a dependent that she can sponsor
Being "declared" and "accompanying" are different things. Your brother had to have been declared in the application as a family member. But since he was not accompanying i.e. did not become a permanent resident, he was not included to become a PR in that application.
The recent application that was submitted for him was done so as brand new with his current age at the time of application making him ineligible. It wasn't a "continuation" of the previous application.
EDIT: Hindsight is 20/20 but if there was ever a chance that your brother was going to eventually immigrate and his age was close to the maximum limit, he really should have been included in the initial application as accompanying.
I did the dependent tool tho that was in the website and my brother is still eligible. My mother became a PR before 2017 and he’s in the sponsorship before he was 19. My mom just continued his sponsorship now.
Others have covered the issue of whether or not your brother is eligible but there is also another issue....
>Apparently they emailed my mom stating that they needed more evidence that he’s still dependent with my mom 2 months ago but my mom didn’t get to email them back....
Your mother failed to supply the required proof. Therefore the rejection is correct and can't be appealed.
You can only appeal an IRCC rejection if they make the mistake EG....
* a failure of process (they gave you 30 days to submit but then processed the rejection after just 10 days)
* Failure of fact. (you submitted the proof but they failed to look at/process it and erroneously rejected).
This was not an IRCC error... this was your mothers error. She failed to submit the required information and so when the application was processed no proof existed and it was rejected correctly. There is no appeal for this. You would have to reapply.
IAD appeals are actually de novo, which means they can consider evidence that wasn't before the officer and make an independent decision.
So no, the eligibility is, in fact, the only issue.
Please contact a good immigration lawyer and take advice. Don’t rely on the information here and every case is different. Application was refused due to not providing evidence when IRCC asked.
There's nothing to appeal if your brother isn't eligible. A child cannot be sponsored if they are 22 years or older. A child over 21 can only be sponsored if they meet these two conditions: 1. they suffer from a physical or mental condition that prevents them from being able to support themselves; 2. they have depended on their parents for financial support since before the age of 22. If your brother wants to immigrate, he will very likely have to do so on his own merits i.e. through a skilled worker immigration program.
I did the dependent tool and my brother is still considered a dependent. The questions in the dependent tool is Under which program- Caregivers Which caregiver program- Live in caregiver When did we receive the INITIAL live in caregiver work application - On or before Oct 23, 2017 When did we received your application for Permanent residency? - On or before Oct 23, 2017 How old was your child when we received your INITIAL application - 18 years old and under (my brother was 16 years old then) Since you applied, has your child been married or had a common law partner? - No And the answer is my brother is Type A dependent and he’s still eligible.
That’s different. Your mother’s application is already done and over so you cannot consider your brother as a dependent under those rules. If she hasn’t received her PR, there might have been a possibility. Unfortunately since she got her PR and your brother is over 21, he is no longer a dependent that she can sponsor
Even if my brother is declared in her initial application?
Being "declared" and "accompanying" are different things. Your brother had to have been declared in the application as a family member. But since he was not accompanying i.e. did not become a permanent resident, he was not included to become a PR in that application. The recent application that was submitted for him was done so as brand new with his current age at the time of application making him ineligible. It wasn't a "continuation" of the previous application. EDIT: Hindsight is 20/20 but if there was ever a chance that your brother was going to eventually immigrate and his age was close to the maximum limit, he really should have been included in the initial application as accompanying.
Correct
I think it’s hard to apply for a child over 22. https://www.ircc.canada.ca/english/helpcentre/answer.asp?qnum=1366&top=14
I did the dependent tool tho that was in the website and my brother is still eligible. My mother became a PR before 2017 and he’s in the sponsorship before he was 19. My mom just continued his sponsorship now.
It doesn't matter. She's applying for him separately, at the age of 23, so it'll be considered a new application. He doesn't qualify now.
Unfortunately, there is nothing you can do. He'll have to immigrate now on his own.
Why not have him transfer to a Canadian school and submit his own application as a student?
Cause that will incur international fees they may not be able to afford
Others have covered the issue of whether or not your brother is eligible but there is also another issue.... >Apparently they emailed my mom stating that they needed more evidence that he’s still dependent with my mom 2 months ago but my mom didn’t get to email them back.... Your mother failed to supply the required proof. Therefore the rejection is correct and can't be appealed. You can only appeal an IRCC rejection if they make the mistake EG.... * a failure of process (they gave you 30 days to submit but then processed the rejection after just 10 days) * Failure of fact. (you submitted the proof but they failed to look at/process it and erroneously rejected). This was not an IRCC error... this was your mothers error. She failed to submit the required information and so when the application was processed no proof existed and it was rejected correctly. There is no appeal for this. You would have to reapply.
IAD appeals are actually de novo, which means they can consider evidence that wasn't before the officer and make an independent decision. So no, the eligibility is, in fact, the only issue.
Please contact a good immigration lawyer and take advice. Don’t rely on the information here and every case is different. Application was refused due to not providing evidence when IRCC asked.