Annex G: The Scenarios Applicable for in-Canada Refugee Claimants who are Now Applying for Permanent Residence as Protected Persons

/ / Published in 2016, Immigration, Operational Bulletins

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.

  • 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)
  • 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 21, 2014, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from a foreign national, who submitted a refugee claim in Canada and received protected person status
      • 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
      • 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
      • 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 they had made a claim for refugee protection in Canada prior to August 01, 2014 and had acquired protected person status before or after August 01, 2014

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

  • 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 May 11, 2011, a foreign national made a refugee claim to the local Immigration, Refugees and Citizenship Canada (IRCC) office in Calgary
      • This individual had an 18-year old child residing with the individual in Canada
      • The authorities have deemed the individual to be a Convention refugee on December 01, 2013
      • On August 06, 2014, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) package from this individual
      • 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
        • Unmarried and,
        • Not in a common-law relationship
      • The individual had made a refugee claim in Canada and had received the status of a Convention refugee 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 the parent had made a refugee claim in Canada and had received the status of a Convention refugee – 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: The principal applicant makes an in-Canada refugee claim on or after August 01, 2014. The applicants acquire protected person status and submit an Application for Permanent Residence (APR) thereafter

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 the applicants made the refugee claim  [R25.1 (9)]
  • The Impact: Officers can process a child as a dependent if, on the date on which the province or territory receives the nomination application 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 September 02, 2014, a foreign national arrives at a port of entry and submits a refugee claim
      • The foreign national obtains protected person status subsequently and submits an Application for Permanent Residence (APR)
      • 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 19 years old and,
        • Unmarried
      • The principal applicant had made an in-Canada refugee claim 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 child’s application as a dependent because the age lock-in date is effective on the date the principal applicant made a refugee claim and on that date, the child was not below 19 years of age
      • 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