Last Updated on décembre 29, 2016

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