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) (a).

• 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 sponsorship application [Section 5.24 of OP 1 and Section 5.13 of OP 2]
• The Impact: Officers can process a child as a dependent if, on the date on which Immigration, Refugees and Citizenship Canada (IRCC) received 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
  • The age lock-in applies regardless of whether the applicant submitted the sponsorship application before or along with the Application for Permanent Residence (APR)
  • Sample Scenario A
    • On October 01, 2013, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from a couple, who were sponsored by their child
    • The Application for Permanent Residence (APR) includes details of the couple’s children who, at the time Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR), were:
      • Aged 21 and 19 years old and,
      • Unmarried
    • Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR) 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 children’s applications as Type A dependents 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 Immigration, Refugees and Citizenship Canada (IRCC) had received the sponsorship application prior to November 05, 2011

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

• 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 sponsorship application [Section 5.24 of OP 1 and Section 5.13 of OP 2]
• The Impact: Officers can process a child as a dependent if, on the date on which Immigration, Refugees and Citizenship Canada (IRCC) received 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
  • The age lock-in applies regardless of whether the applicant submitted the sponsorship application before or along with the Application for Permanent Residence (APR)
  • Sample Scenario B
    • Immigration, Refugees and Citizenship Canada (IRCC) receives a sponsorship application from a Canadian citizen for the citizen’s parents and a 22-year-old unmarried brother, who is pursuing a master’s program at a university, on October 31, 2011
    • On September 18, 2014, the Case Processing Centre in Mississauga receives Applications for Permanent Residence (APRs) from the sponsor’s parents and brother
    • The sponsor’s brother is:
      • Aged 25 years old
      • Single and,
      • In the first year of a Ph.D. program at a university
    • Immigration, Refugees and Citizenship Canada (IRCC) received the sponsorship application prior to November 05, 2011, hence:
      • A transitional provision applies and,
      • The officers would apply the pre-amendment definition of a dependent child
    • The officers process the sponsor’s brother’s application as a Type B dependent because on the date on which Immigration, Refugees and Citizenship Canada (IRCC) received the sponsorship application – the age lock-in date, the sponsor’s brother was found to be:
      • Dependent substantially on the financial support of the parents since before the 22 years of age
      • An active, fulltime post-secondary student since turning 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 along with a complete sponsorship application

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 Application for Permanent Residence (APR) [R25.1 (1)]
• The Impact: Officers can process a child as a dependent if, on the date on which Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR), 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 January 07, 2015, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from a widowed mother, along with a complete sponsorship application from her daughter
    • The Application for Permanent Residence (APR) includes details of the two sons of the widow who, at the time Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR), are:
      • Aged 20 and 18 years old and,
      • Unmarried
    • Immigration, Refugees and Citizenship Canada (IRCC) had received both, the sponsorship applications 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 process the younger son’s application as 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 younger son 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