Q & A: Inadmissibility as a Dependent

Q. My sister had renal transplant in UK. I sponsored my mum & sister. There's just the 3 of us. After months of chasing, CHC London says that my sister is no longer a dependant of my mum as she is capable of doing certain things. She works at friends & families just to keep busy. They also said that she could be granted a Minister's Permit. I have been told that she would be refused a visa if we insist on her being treated as a dependent (because of burden on health services). Can the visa office exclude my sister in this way?

Answer: The Regulations define a dependent daughter as:"a daughter who

(a) is less than 19 years of age and unmarried,
(b) is enrolled and in attendance as a full-time student in an academic, professional or vocational program at a university, college or other educational institution and

(i) has been continuously enrolled and in attendance in such a program since attaining 19 years of age or, if married before 19 years of age, since the time of her marriage, and
(ii) is determined by an immigration officer, on the basis of information received by the immigration officer, to be wholly or substantially financially supported by her parents since attaining 19 years of age or, if married before 19 years of age, the time of her marriage, or

(c) is wholly or substantially financially supported by her parents and

(i) is determined by a medical officer to be suffering from a physical or mental disability, and
(ii) is determined by an immigration officer, on the basis of information received by the immigration officer, including information from the medical officer referred to (above), to be incapable of supporting herself for reason of such disability;"

If your sister fits within the definition, the immigration officials have overstepped their boundaries, as you suggested. More likely, however, your sister does not fit within this definition, and the immigration officials may be correct in suggesting that Humanitarian and Compassionate grounds may be more appropriate. Furthermore, if such a dependent was refused on the grounds of medical inadmissibility, the entire case would be refused (i.e., your mother's sponsorship in this case).

If you include her as a Last Remaining Family Member under Humanitarian and Compassionate grounds, and her case is refused for medical grounds, it may still be possible for your mother to succeed in the sponsorship application. If medical inadmissibility is not the case, and you can demonstrate her dependence on your mother, she should be admitted.