Scenario A: Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from the principal applicant prior to August 01, 2014

A transitional provision applies i.e. R13 (1) (g).

• Definition of a Dependent Child: Use the pre-amendment definition
• Age Lock-in Date: The age lock-in date is the date on which Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR) [R142]
• The Impact: Officers can process a child as a dependent if, on the date on which Immigration, Refugees and Citizenship Canada (IRCC) receives the Application for Permanent Residence (APR) from the principal applicant, the child is:
  • Under 22 years of age and single
  • Aged 22 years or above AND a fulltime student dependent on a parent or,
  • Aged 22 years or above and dependent on a parent because of a physical or mental condition
  • Officers would need to refer to the entire pre-amendment definition of a dependent child
  • Sample Scenario A
    • On July 24, 2014, the visa office receives an Application for Permanent Residence (APR) from a refugee referred by a refugee referral organisation
    • The Application for Permanent Residence (APR) includes details of the applicant’s child who, at the time Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR), was:
      • Aged 20 years old and,
      • Unmarried
    • The visa office had received the referral prior to August 01, 2014, hence:
      • A transitional provision applies and,
      • The officers would apply the pre-amendment definition of a dependent child
    • The officers process the child’s application as a Type A dependent because on the date Immigration, Refugees and Citizenship Canada (IRCC) received the principal applicant’s Application for Permanent Residence (APR) – the age lock-in date, the child was:
      • Under 22 years of age
      • Unmarried and,
      • Not in a common-law relationship
  • Sample Scenario A (with the One-Year Window)
    • On July 24, 2014, the visa office receives an Application for Permanent Residence (APR) from a refugee referred by a refugee referral organisation
    • The Application for Permanent Residence (APR) includes details of the applicant’s child who, at the time Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR), was:
      • Aged 20 years old and,
      • Unmarried
    • The principal applicant becomes a permanent resident on September 22, 2015
    • On March 17, 2016, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from the first applicant’s child under the “One-Year Window” provision specified in R141 (1) (b)
    • By this time – the time of processing – the child is 22 years old
    • The visa office had received the referral prior to August 01, 2014, hence:
      • A transitional provision applies and,
      • The officers would apply the pre-amendment definition of a dependent child
    • The officers process the child’s application as a Type A dependent because on the date Immigration, Refugees and Citizenship Canada (IRCC) received the principal applicant’s Application for Permanent Residence (APR) – the age lock-in date, the child was:
      • Under 22 years of age
      • Unmarried and,
      • Not in a common-law relationship
    • Dependent children could benefit from a transitional provision at the Application for Permanent Residence (APR) stage by remaining unmarried and not entering into a common-law relationship, if these were requirements specified for meeting the pre-amendment definition

 

Scenario B: Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from the principal applicant on or after August 01, 2014, but the CIC received the referral prior to that date

A transitional provision applies i.e. R13 (1) (g).

• Definition of a Dependent Child: Use the pre-amendment definition
• Age Lock-in Date: The age lock-in date is the date on which Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR) [R142]
• The Impact: Officers can process a child as a dependent if, on the date on which Immigration, Refugees and Citizenship Canada (IRCC) receives the Application for Permanent Residence (APR) from the principal applicant, the child is:
  • Under 22 years of age and single
  • Aged 22 years or above AND a fulltime student dependent on a parent or,
  • Aged 22 years or above and dependent on a parent because of a physical or mental condition
  • Officers would need to refer to the entire pre-amendment definition of a dependent child
  • Sample Scenario B
    • On April 17, 2014, Immigration, Refugees and Citizenship Canada (IRCC) received a Resettlement Registration Form (RRF) from the United Nations High Commission for Refugees (UNHCR) referring two foreign nationals as refugees for resettlement
    • The principal applicant submits an Application for Permanent Residence (APR) on August 02, 2014
    • The Application for Permanent Residence (APR) includes details of the applicant’s child who, at the time Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR), was:
      • Aged 21 years old and,
      • Unmarried
    • Immigration, Refugees and Citizenship Canada (IRCC) had received the referral prior to August 01, 2014, hence:
      • A transitional provision applies and,
      • The officers would apply the pre-amendment definition of a dependent child
    • The officers process the child’s application as a Type A dependent because on the date Immigration, Refugees and Citizenship Canada (IRCC) received the principal applicant’s Application for Permanent Residence (APR) – the age lock-in date, the child was:
      • Under 22 years of age
      • Unmarried and,
      • Not in a common-law relationship
  • Sample Scenario B (with the One-Year Window)
    • On April 17, 2014, Immigration, Refugees and Citizenship Canada (IRCC) received a Resettlement Registration Form (RRF) from the United Nations High Commission for Refugees (UNHCR) referring two foreign nationals as refugees for resettlement
    • The principal applicant submits an Application for Permanent Residence (APR) on August 02, 2014
    • The Application for Permanent Residence (APR) includes details of the applicant’s child who, at the time Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR), was:
      • Aged 21 years old and,
      • Unmarried
    • The principal applicant becomes a permanent resident on February 10, 2016
    • On January 04, 2017, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from the first applicant’s child under the “One-Year Window” provision specified in R141 (1) (b)
    • Immigration, Refugees and Citizenship Canada (IRCC) had received the refugee referral prior to August 01, 2014, hence:
      • A transitional provision applies and,
      • The officers would apply the pre-amendment definition of a dependent child
    • The officers process the child’s application as a Type A dependent because on the date Immigration, Refugees and Citizenship Canada (IRCC) received the principal applicant’s Application for Permanent Residence (APR) – the age lock-in date, the child was:
      • Under 22 years of age
      • Unmarried and,
      • Not in a common-law relationship
    • Dependent children could benefit from a transitional provision at the Application for Permanent Residence (APR) stage by remaining unmarried and not entering into a common-law relationship, if these were requirements specified for meeting the pre-amendment definition

 

Scenario C: Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from the principal applicant on or after August 01, 2014, and Immigration, Refugees and Citizenship Canada (IRCC) receives the referral on or after August 01, 2014

A transitional provision does not apply.

• Definition of a Dependent Child: Use the new definition
• Age Lock-in Date: The age lock-in date is the date on which Immigration, Refugees and Citizenship Canada (IRCC) received the referral [R25.1 (7)]
• The Impact: Officers can process a child as a dependent if, on the date on which Immigration, Refugees and Citizenship Canada (IRCC) receives the referral from the principal applicant, the child is:
  • Under 19 years of age and single or,
  • Aged 19 years or above and dependent on a parent because of a physical or mental condition
  • Sample Scenario C
    • On October 13, 2014, Immigration, Refugees and Citizenship Canada (IRCC) received a Resettlement Registration Form (RRF) from the United Nations High Commission for Refugees (UNHCR) referring a family of three foreign nationals as refugees for resettlement i.e. a parent and two children
    • The two children are 20 and 18 years respectively
    • The principal applicant submits an Application for Permanent Residence (APR) on March 24, 2015
    • Immigration, Refugees and Citizenship Canada (IRCC) had received both, the refugee referral and the Application for Permanent Residence (APR) after August 01, 2014, hence:
      • A transitional provision does not apply and,
      • The officers would apply the new definition of a dependent child
    • The officers would not process the elder child’s application as a dependent because the age lock-in date is effective on the date Immigration, Refugees and Citizenship Canada (IRCC) received the refugee referral for the principal applicant and on that date, the child was not below 19 years of age i.e. the elder child was 20 on the age lock-in date
    • The officers would process the younger child’s application as a dependent because the age lock-in date is effective on the date Immigration, Refugees and Citizenship Canada (IRCC) received the refugee referral for the principal applicant and on that date, the younger child was:
      • Under 19 years of age
      • Unmarried and,
      • Not in a common-law relationship
    • In this scenario, the officers could review the circumstances of the case to assess whether they could consider the child’s eligibility for processing under the de facto dependent policy
  • Sample Scenario C (with the One-Year Window)
    • On October 13, 2014, Immigration, Refugees and Citizenship Canada (IRCC) received a Resettlement Registration Form (RRF) from the United Nations High Commission for Refugees (UNHCR) referring a family of three foreign nationals as refugees for resettlement i.e. a parent and two children
    • The two children are 20 and 18 years respectively
    • The principal applicant submits an Application for Permanent Residence (APR) on March 24, 2015
    • The principal applicant becomes a permanent resident on November 10, 2016
    • On January 04, 2017, Immigration, Refugees and Citizenship Canada (IRCC) receives Applications for Permanent Residence (APRs) from both the children of the first applicant under the “One-Year Window” provision for dependents of refugees abroad under R141 (1) (b)
    • Immigration, Refugees and Citizenship Canada (IRCC) had received both, the refugee referral and the Application for Permanent Residence (APR) after August 01, 2014, hence:
      • A transitional provision does not apply and,
      • The officers would apply the new definition of a dependent child
    • The officers would not process the elder child’s application as a dependent because the age lock-in date is effective on the date Immigration, Refugees and Citizenship Canada (IRCC) received the refugee referral for the principal applicant and on that date, the child was not below 19 years of age i.e. the elder child was 20 on the age lock-in date
    • The officers would process the younger child’s application as a dependent because the age lock-in date is effective on the date Immigration, Refugees and Citizenship Canada (IRCC) received the refugee referral for the principal applicant and on that date, the younger child was:
      • Under 19 years of age
      • Unmarried and,
      • Not in a common-law relationship
    • Dependent children could benefit from a transitional provision at the Application for Permanent Residence (APR) stage by remaining unmarried and not entering into a common-law relationship, if these were requirements specified for meeting the pre-amendment definition