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) (d).

• 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) [Section 5.24 of OP 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) 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 02, 2014, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from a provincial nominee
    • 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) begins processing the application after August 01, 2014
    • The principal applicant had applied for a provincial nomination 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 on which 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 principal applicant applied for a nomination to a province or a territory prior to August 01, 2014

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

• 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) [Section 5.24 of OP 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) 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 September 01, 2014, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from a provincial nominee
    • 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 23 years old
      • In a common-law relationship since the age of 20 years and,
      • Entering the final year of a four-year university program
    • The principal applicant had applied for a provincial nomination 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 B dependent because the age lock-in date is effective on the date on which Immigration, Refugees and Citizenship Canada (IRCC) received the principal applicant’s Application for Permanent Residence (APR) and on that date, the child was found to have been:
      • Depending substantially on the financial support of the parents since becoming a common-law partner and.
      • Continuously enrolled in and attending a post-secondary institution
    • 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 province or territory receives a nomination application from the principal applicant on or after August 01, 2014. The principal applicant submits an Application for Permanent Residence (APR) to Immigration, Refugees and Citizenship Canada (IRCC) after the province or territory approves the nomination

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 province or territory received the nomination application [R25.1 (4)]
• The Impact: Officers can process a child as a dependent if, on the date on which the province or territory received the nomination application, 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, the provincial authorities receive a nomination application from a principal applicant
    • The province issues the nomination certificate on March 04, 2015
    • On June 01, 2015, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from the principal applicant
    • The Application for Permanent Residence (APR) includes details of the applicant’s children who, at the time Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR), were:
      • Aged 19 years old and 15 years old and,
      • Unmarried
    • The province received the nomination application after August 01, 2014, hence:
      • A transitional provision would not apply and,
      • The officers would apply the new definition of a dependent child
    • The officers process the elder child’s application as a Type 1 dependent because on the date the province received the principal applicant’s nomination application – the age lock-in date, the child was:
      • Under 19 years of age i.e. 18 years old
      • This is despite the fact that the elder child was 19 years old at the time Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR)
    • The officers process the younger child’s application as a Type 1 dependent because on the date the province received the principal applicant’s nomination application – the age lock-in date, the child was:
      • Under 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