Annex I: The Scenarios Applicable for Privately Sponsored Refugees

/ / Publié dans 2016, Immigration, Non classifié(e), Operational Bulletins

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