The New Definition of a Dependent Child

The Pre-Regulatory Amendment Definition of a Dependent Child (Applied prior to August 01, 2014 or subject to Transitional Provisions)

Officers would need to enter any additional details for explanation or clarification for record purposes. They could enter the additional details in the Global Case Management System (GCMS) case notes.

Scenario A: Immigration, Refugees and Citizenship Canada (IRCC) receives an application for a Permanent Resident Card (PRC) or a Permanent Resident Travel Document (PRTD) prior to August 01, 2014

The Applicable Definition of a Child in R61 (6): Use the pre-amendment definition

For the purposes of subparagraphs 28 (2) (a) (ii) and (iv) of the Act, a child denotes a child of a parent referred to in those paragraphs who:

• Is less than 22 years of age
• Is not and never has been a spouse or a common-law partner

The Impact

Officers can process a child for a Permanent Resident Card (PRC) or a Permanent Resident Travel Document (PRTD) if, on the date on which Immigration, Refugees and Citizenship Canada (IRCC) receives the application, the child:

• Meets the residency requirements based on the time spent accompanying an eligible parent abroad and,
• Meets the pre-amendment definition of R61 (6)

Sample Scenario A

• On June 19, 2014, Immigration, Refugees and Citizenship Canada (IRCC) receives an application for a Permanent Resident Card (PRC) or a Permanent Resident Travel Document (PRTD) from an applicant who, at the time Immigration, Refugees and Citizenship Canada (IRCC) received the application, was:
  • Aged 21 years old
  • Unmarried
  • Not in a common-law relationship and,
  • Residing with an eligible parent for the five years before applying, outside Canada
• The authorities process the application on August 02, 2014, based on the five-year period before Immigration, Refugees and Citizenship Canada (IRCC) receives the application
• The authorities count the days before August 01, 2014, as days that meet the residency requirement
• The authorities would include the time spent accompanying an eligible parent before reaching the age of 22 years when assessing the residency of the individual because on the date Immigration, Refugees and Citizenship Canada (IRCC) received the application, the applicant was:
  • Below 22 years of age
  • Unmarried and,
  • Not in a common-law relationship
• Therefore, the applicant would meet the residency requirement and receive the credit for five years, in the five years before the application

Scenario B: Immigration, Refugees and Citizenship Canada (IRCC) receives an application for a Permanent Resident Card (PRC) or a Permanent Resident Travel Document (PRTD) on or after August 01, 2014

The Applicable Definition of a Child in R61 (6): Use the new definition

For the purposes of subparagraphs 28 (2) (a) (ii) and (iv) of the Act, a child denotes a child of a parent referred to in those paragraphs who:

• Is less than 19 years of age
• Is not and never has been a spouse or a common-law partner

The Impact

Officers can count the time spent accompanying an eligible parent prior to August 01, 2014, if the applicant was under the age of 22 years during that time. Similarly, officers would only count the time spent accompanying an eligible parent on or after August 01, 2014, if the applicant was under the age of 19 years during that time.

Sample Scenario B

• On August 15, 2014, Immigration, Refugees and Citizenship Canada (IRCC) receives a package from an eligible parent applying for Permanent Resident Cards (PRCs) or Permanent Resident Travel Documents (PRTDs) for:
  • The parent
  • An elder child of the 21 years and,
  • A younger child of the age of 18 years
• The younger child meets the prescribed residency requirements
• The authorities credit the elder child with time before August 01, 2014, spent accompanying the eligible parent because the elder child was under 22 years of age before August 01, 2014
• The elder child does not receive the credit for the days between August 01, 2014 and the date of application, as the elder child was over 19 years of age during that period
• For meeting the residency requirements, the elder child would need to have accumulated at least 730 days accompanying an eligible parent prior to August 01, 2014

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

Scenario A: Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from the principal applicant prior to August 01, 2014 and a group sponsorship that was submitted either before or concurrently with the Application for Permanent Residence (APR)

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 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) package along with a group sponsorship for a refugee abroad
    • 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 group sponsorship and 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 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 January 13, 2014, the visa office receives an Application for Permanent Residence (APR) package along with a group sponsorship for a refugee abroad
    • 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,
      • Living elsewhere with the second parent
    • The principal applicant becomes a permanent resident on April 10, 2015
    • On March 17, 2016, Immigration, Refugees and Citizenship Canada (IRCC) received 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:
      • Aged 23 years old and,
      • A fulltime student in the university, dependent entirely on the second parent
    • 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 B 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:
      • Aged 22 years of age or above and,
      • A fulltime student financially dependent on a parent
    • 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 group sponsorship on or before October 18, 2012

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

• 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) [this is in accordance with the provisions specified in 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 an Application for Permanent Residence (APR) from a refugee abroad
    • Immigration, Refugees and Citizenship Canada (IRCC) had also received a community group sponsorship for this refugee on June 13, 2012
    • 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,
      • Living elsewhere
    • Immigration, Refugees and Citizenship Canada (IRCC) had received the group sponsorship application prior to October 18, 2012, 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 August 08, 2014, Immigration, Refugees and Citizenship Canada (IRCC) received an Application for Permanent Residence (APR) from a refugee abroad
    • Immigration, Refugees and Citizenship Canada (IRCC) had also received a community group sponsorship for this refugee on October 09, 2012
    • 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 and 17 years old
      • Unmarried and,
      • Living elsewhere
    • The principal applicant becomes a permanent resident on December 15, 2015
    • On October 14, 2016, Immigration, Refugees and Citizenship Canada (IRCC) received an Application for Permanent Residence (APR) from both the first applicant’s children under the “One-Year Window” provision for dependents of refugees abroad specified in R141 (1) (b)
    • Immigration, Refugees and Citizenship Canada (IRCC) had received the group sponsorship application prior to October 18, 2012, hence:
      • A transitional provision applies and,
      • The officers would apply the pre-amendment definition of a dependent child
    • The officers process the children’s application as a Type B 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, both the children were:
      • 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 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) [this is in accordance with the provisions specified in R25.1 (1)]
• 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 October 03, 2014, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) package along with a group sponsorship for a refugee abroad
    • 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 both, the group sponsorship 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 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 Application for Permanent Residence (APR) for the principal applicant and on that date, the child was not below 19 years of age i.e. the child was 20 on the age lock-in date
    • 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 December 02, 2014, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) package along with a group sponsorship for a refugee abroad
    • 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 18 years old and,
      • Unmarried
    • The principal applicant becomes a permanent resident on January 07, 2016
    • On September 15, 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 for dependents of refugees abroad specified in R141 (1) (b)
    • Immigration, Refugees and Citizenship Canada (IRCC) had received both, the group sponsorship 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 child’s application as a Type 1 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 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

Scenario A: 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 authorities had examined the circumstances of the principal applicant under a public policy prior to August 01, 2014

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

• 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) unless specified otherwise by the public policy
• 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 November 10, 2014, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from a foreign national applying under a public policy for persons in a refugee-like situation, which the authorities implemented in August 2011
    • 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 20  and 18 years old and,
      • Unmarried
    • The circumstances of the foreign national were subject to consideration under a public policy 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 application 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 children were:
      • 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
    • This scenario is intended for persons in refugee-like situations, for whose benefit the Minister created a public policy prior to August 01, 2014

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 and the authorities had examined the circumstances of the principal applicant under a public policy 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 Application for Permanent Residence (APR) unless specified otherwise by the public policy [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) receives the Application for Permanent Residence (APR) 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 B
    • On April 14, 2015, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from a foreign national applying under a public policy for persons in a refugee-like situation, which the authorities implemented on January 02, 2015
    • 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 circumstances of the foreign national were subject to consideration under a public policy after August 01, 2014, hence:
      • A transitional provision does not apply and,
      • The officers would apply the new definition of a dependent child
    • The age lock-in date for the child is the date on which Immigration, Refugees and Citizenship Canada (IRCC) received the application
    • The officers would not process the 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 Application for Permanent Residence (APR) for the principal applicant and on that date, the child was not below 19 years of age
    • However, the officers could check whether the child is eligible for applying as a principal applicant under the terms of the public policy
    • 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 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

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

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) (e).

• 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 an applicant under the Live-in Caregiver Program (LCP)
    • 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,
      • Living abroad
    • The authorities had issued an initial Live-in Caregiver Program (LCP) work permit to the principal applicant prior to August 01, 2014
    • Because the principal applicant had received the initial Live-in Caregiver Program (LCP) work permit 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 authorities had approved their initial Live-in Caregiver Program (LCP) work permit application prior to August 01, 2014

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

• 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 September 22, 2014, the visa office receives an Application for Permanent Residence (APR) from an applicant under the Live-in Caregiver Program (LCP)
    • 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 22 years old
      • Unmarried and,
      • Living and studying fulltime at a university abroad with the second parent
    • The principal applicant received her initial work permit under the Live-in Caregiver Program (LCP) in July 2009
    • Immigration, Refugees and Citizenship Canada (IRCC) had issued the initial work permit under the Live-in Caregiver Program (LCP) in July 2009 i.e. 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 child has:
      • Depended substantially on the financial support of the parent since before the age of 22 years and,
      • Been a student 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: Immigration, Refugees and Citizenship Canada (IRCC) receives an Initial Live-in Caregiver Program (LCP) Work Permit Application from the principal applicant prior to August 01, 2014, but the authorities only approve this application 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 initial work permit under the Live-in Caregiver Program (LCP) [R25.1 (5)]
• The Impact: Officers can process a child as a dependent if, on the date on which Quebec receives the group undertaking 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
    • In December 2013, the visa office receives an Application for an initial work permit under the Live-in Caregiver Program (LCP) from a foreign national
    • The applicant has two children who, at the time Immigration, Refugees and Citizenship Canada (IRCC) received the application, were:
      • Of the ages of 19 and 14 years and,
      • Living abroad
    • Immigration, Refugees and Citizenship Canada (IRCC) issues the principal applicant an initial work permit under the Live-in Caregiver Program (LCP) on September 22, 2014
    • The principal applicant submits an Application for Permanent Residence (APR) on July 02, 2018, which includes the details of both the children
    • Immigration, Refugees and Citizenship Canada (IRCC) had approved the initial work permit under the Live-in Caregiver Program (LCP) in September 2014 i.e. 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 application for the initial work permit under the Live-in Caregiver Program (LCP) for the principal applicant and on that date, the child was not below 19 years of age i.e. the elder child was 19 on the age lock-in date
    • The officers process the younger child’s application as a Type A dependent because on the date Immigration, Refugees and Citizenship Canada (IRCC) received the application for the initial work permit under the Live-in Caregiver Program (LCP) – the age lock-in 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

Scenario D: Immigration, Refugees and Citizenship Canada (IRCC) receives an Initial Live-in Caregiver Program (LCP) Work Permit Application from the principal applicant 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 initial work permit under the Live-in Caregiver Program (LCP) [R25.1 (5)]
• The Impact: Officers can process a child as a dependent if, on the date on which Immigration, Refugees and Citizenship Canada (IRCC) receives the group undertaking 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 D
    • On January 02, 2015, the visa office receives an Application for an initial work permit under the Live-in Caregiver Program (LCP) from a foreign national
    • The applicant has a child who, at the time Immigration, Refugees and Citizenship Canada (IRCC) received the application, was:
      • Aged 18 years
      • Unmarried and,
      • Living abroad
    • Immigration, Refugees and Citizenship Canada (IRCC) issues the principal applicant an initial work permit under the Live-in Caregiver Program (LCP) on August 29, 2015
    • The applicant’s child is 19 years of age at this point in time
    • The principal applicant submits an Application for Permanent Residence (APR) on March 15, 2019, which includes the details of the child as well
    • Immigration, Refugees and Citizenship Canada (IRCC) had approved the initial work permit under the Live-in Caregiver Program (LCP) in August 2015 i.e. 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 child’s application as a Type A dependent because on the date Immigration, Refugees and Citizenship Canada (IRCC) received the application for the initial work permit under the Live-in Caregiver Program (LCP) – the age lock-in 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

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

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

• 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 June 24, 2014, the visa office receives a package from Quebec
    • It contains an Application for Permanent Residence (APR) from a refugee abroad, along with an approved collective undertaking
    • 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
    • Quebec had received the undertaking application 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 June 24, 2014, the visa office receives a package from Quebec
    • It contains an Application for Permanent Residence (APR) from a refugee abroad, along with an approved collective undertaking
    • 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,
      • Living elsewhere
    • The principal applicant becomes a permanent resident on August 19, 2015
    • On February 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)
    • Quebec had received the undertaking application 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 and the private sponsors submitted an undertaking application to Quebec, prior to August 01, 2014

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

• 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 August 18, 2014, the visa office receives an Application for Permanent Residence (APR) from a refugee abroad
    • Quebec had approved the collective undertaking for this refugee, which Immigration, Refugees and Citizenship Canada (IRCC) received for assessment on September 11, 2014
    • The Application for Permanent Residence (APR) includes details of the applicant’s child who, at the time Quebec received the undertaking application, was:
      • Aged 21 years old and,
      • Unmarried
    • Quebec had received the undertaking application 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 Quebec received the undertaking application
  • Sample Scenario B (with the One-Year Window)
    • On August 18, 2014, the visa office receives an Application for Permanent Residence (APR) from a refugee abroad
    • Quebec had approved the collective undertaking for this refugee, which Immigration, Refugees and Citizenship Canada (IRCC) received for assessment on September 11, 2014
    • The Application for Permanent Residence (APR) includes details of the applicant’s child who, at the time Quebec received the undertaking application, was:
      • Aged 21 years old
      • Unmarried and,
      • Living elsewhere
    • The principal applicant becomes a permanent resident on November 23, 2015
    • On October 20, 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)
    • Quebec had received the undertaking application 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 Quebec received the principal applicant’s undertaking application and therefore, the child’s age is below 22 years on the age lock-in date
    • 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 the private sponsors submitted an undertaking application to Quebec after that date

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 Quebec received the group undertaking application [R25.1 (6)]
• The Impact: Officers can process a child as a dependent if, on the date on which Quebec receives the group undertaking 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 (with the One-Year Window)
    • On December 01, 2015, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from a refugee abroad
    • Quebec had approved the collective undertaking for this refugee, which Immigration, Refugees and Citizenship Canada (IRCC) received for assessment on November 03, 2014
    • The Application for Permanent Residence (APR) includes details of the applicant’s child who, at the time Quebec received the undertaking application, was:
      • Aged 19 years old
      • Unmarried and,
      • Living elsewhere
    • The principal applicant becomes a permanent resident on December 11, 2015
    • On December 11, 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)
    • Quebec had received the undertaking 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 would not process the child’s application as a dependent because the age lock-in date is effective on the date Quebec received the undertaking application and on that date, the child was not below 19 years of age
    • 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
    • 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 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) (b).

• Definition of a Dependent Child: Use the pre-amendment definition
• Age Lock-in Date: The age lock-in date is the date on which Quebec received the application for a Certificat de sélection du Québec i.e. CSQ – Quebec Selection Certificate (CSQ) from the principal applicant [Section 5.24 of OP 1]
• The Impact: Officers can process a child as a dependent if, on the date on which Quebec received the application for a Certificat de sélection du Québec (CSQ) 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 June 30, 2014, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from an applicant that Quebec deemed to be in a distressful situation
    • 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 application includes a Certificat de sélection du Québec i.e. CSQ – Quebec Selection Certificate (CSQ) for the principal applicant and the principal applicant’s child
    • Immigration, Refugees and Citizenship Canada (IRCC) begins processing the application after August 01, 2014
    • Quebec had received the Certificat de sélection du Québec (CSQ) application from the principal applicant prior to August 01, 2014, hence:
      • A transitional provision applies and,
      • The officers would apply the pre-amendment definition of a dependent child
    • The applicable lock-in date is the date on which the principal applicant applied to Quebec for a Certificat de sélection du Québec (CSQ)
    • Quebec had issued a Certificat de sélection du Québec (CSQ) to the child as the child was under 22 years of age
    • The officers process the child’s application as a Type A dependent because on the date Quebec received the principal applicant’s Certificat de sélection du Québec (CSQ) application – 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 had applied for a Certificat de sélection du Québec (CSQ) prior to August 01, 2014

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

• Definition of a Dependent Child: Use the pre-amendment definition
• Age Lock-in Date: The age lock-in date is the date on which Quebec received the application for a Certificat de sélection du Québec i.e. CSQ – Quebec Selection Certificate (CSQ) from the principal applicant [Section 5.24 of OP 1]
• The Impact: Officers can process a child as a dependent if, on the date on which Quebec received the application for a Certificat de sélection du Québec (CSQ) 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 25, 2014, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from an applicant that Quebec deemed to be in a distressful situation
    • 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 22 years old and,
      • Unmarried
    • The application includes a Certificat de sélection du Québec i.e. CSQ – Quebec Selection Certificate (CSQ) for the principal applicant and the principal applicant’s child
    • Quebec had received the Certificat de sélection du Québec (CSQ) application from the principal applicant prior to August 01, 2014, hence:
      • A transitional provision applies and,
      • The officers would apply the pre-amendment definition of a dependent child
    • The applicable lock-in date is the date on which the principal applicant applied to Quebec for a Certificat de sélection du Québec (CSQ)
    • At the time Quebec had issued a Certificat de sélection du Québec (CSQ) to the child, the child was under 22 years of age i.e. 21 years old
    • The officers process the child’s application as a Type A dependent because on the date Quebec received the principal applicant’s Certificat de sélection du Québec (CSQ) application – 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: Quebec receives a Certificat de sélection du Québec (CSQ) application from the principal applicant on or after August 01, 2014. The principal applicant submits an Application for Permanent Residence (APR) to the Immigration, Refugees and Citizenship Canada (IRCC) after Quebec approves the Certificat de sélection du Québec (CSQ)

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 Quebec received the application for a Certificat de sélection du Québec (CSQ) [R25.1 (2)]
• The Impact: Officers can process a child as a dependent if, on the date on which Quebec receives the Certificat de sélection du Québec (CSQ) 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 01, 2014, Quebec receives a Certificat de sélection du Québec (CSQ) application from an applicant that Quebec deemed to be in a distressful situation
    • Quebec approves the Certificat de sélection du Québec (CSQ) on January 01, 2015
    • On December 22, 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 child who, at the time Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR), was:
      • Aged 19 years old
    • The application includes a Certificat de sélection du Québec i.e. CSQ – Quebec Selection Certificate (CSQ) for the principal applicant and the principal applicant’s child
    • Immigration, Refugees and Citizenship Canada (IRCC) had received 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 child became 19 years old on July 30, 2015
    • The officers process the child’s application as a Type 1 dependent because on the date Quebec received the principal applicant’s Certificat de sélection du Québec (CSQ) 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