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

The New Processing Instructions


Last Updated on décembre 29, 2016

Officers would need to review applications that include children identified as dependents. In these situations, the officers would need to determine whether these children are eligible for including as dependents. If the children are aged 19 years or above, the officers would need to determine whether the children qualify under the new definition because:

  • The children are dependent because of a mental or physical condition or,
  • Of the existence of a transitional provision, which allows the processing of the applications of the children under the pre-amendment definition

In case a transitional provision does not apply, the officers would only process the applications of the children included in the application as dependents if:

  • The children meet the new definition of a dependent child

In two scenarios, the officers would need to determine if the overage children included in the application as dependents are eligible for processing because they meet the pre-amendment definition of a dependent child. These scenarios would be applications where:

  • A transitional provision applies or,
  • The authorities received the Application for Permanent Residence (APR) prior to August 01, 2014

The officers will need to know if they need to lock in the ages of the children based on the pre-amendment or the new lock-in age procedure. Knowing this would enable them to determine if the children are eligible for inclusion as dependents or not. This would be applicable for any given program or category.

As of August 01, 2014, Immigration, Refugees and Citizenship Canada (IRCC) officers would be able to identify that a foreign national meets the requirements for eligibility as a dependent child. They would need to check for dependency under one of five possible dependent types.

The authorities have created two new dependent types for identifying children, who meet the new definition of a dependent child. The remaining three dependent types were in existence previously, under the pre-amendment definition. Officers would apply these in cases where transitional provisions apply.

The GCMS Release 6.0 of June 14, 2014 – Release Notes for GCMS eServices Release 6.0 provides support to these changes. It also supports other changes related to processing applications, when the new definition of a dependent child comes into effect.

Note:

  • The new lock-in regulations only apply to applications that the authorities received on or after August 01, 2014
  • These applications would typically not receive any benefits from a transitional provision

The Process for Determining the Dependent Type

Officers treat the age of a dependent child as their age at the time they lock the age of the child in for any applicable program or category. This is the process in place as of August 01, 2014.

Under the new definition of a dependent child, there are two types of dependents. These include:

  • TYPE 1
    • Here, the child is:
      • Below the age of 19 years
      • Not married and,
      • Not a spouse or a common-law partner
    • In this type, the dependent child must also be unmarried at the time the authorities issue a visa for becoming a permanent resident
  • TYPE 2
    • Here, the child is:
      • At the age of 19 years or above
      • Depending significantly on the financial support of a parent since before the child was 19 years of age
      • Not able to become financially self-supporting, because of a physical or a mental condition

In cases where transitional provisions apply, Immigration, Refugees and Citizenship Canada (IRCC) would need to continue to apply the three types of dependents applicable under the pre-amendment definition of a dependent child. These would include:

  • TYPE A (for transitional cases only)
    • Here, the child is:
      • Below the age of 22 years
      • Not married and,
      • Not in a common-law relationship
  • TYPE B (for transitional cases only)
    • Here, the child is:
      • Continuously enrolled in or attending full-time studies at a post-secondary institution and,
      • Depending significantly on the financial support of a parent since:
        • Before the child turned 22 years of age or,
        • Marrying or entering into a common-law relationship prior to turning 22 years of age
  • TYPE C (for transitional cases only)
    • Here, the child is:
      • At the age of 22 years or above
      • Depending significantly on the financial support of a parent since before the child was 22 years of age
      • Not able to become financially self-supporting, because of a physical or a mental condition

Some clients could have an existing Unique Client Identifier. For these clients, there will not be any automated pre-population of information in the Global Case Management System (GCMS). This pre-population of information usually denotes that the children of the client are eligible for inclusion as dependent children, under the pre-amendment definition based on one of the transitional provisions.

Immigration, Refugees and Citizenship Canada (IRCC) officers would have to bear certain responsibilities. They would need to look for:

  • Specific information or,
  • Documents submitted with an application

This would help them to confirm whether a child qualifies as a dependent or not. Typically, these cases would use the pre-amendment definition of a dependent child.

Immigration, Refugees and Citizenship Canada (IRCC) officers would also need to review and evaluate the information provided:

  • In the application package and / or,
  • That is accessible in the Global Case Management System (GCMS)

This would enable them to:

  • Identify whether a transitional provision applies
  • Identify which lock-in procedure or regulation applies
  • Determine the child’s locked-in age
  • Determine whether a child included in the application meets an applicable definition of a dependent child and,
  • Determine which fees they need to apply

The Indicators for Transitional Provisions

The following table provides a summary of indicators. Officers could use this to confirm whether or not a transitional provision applies.

 

Table 2: The Table for Information Confirming that a Transitional Provision Applies for an Application for Permanent Residence Received on or after August 01, 2014

 

The Program or Category for Principal Applicant The Applicable Transitional Provision for Children of the Principal Applicant The Indicator that the Transitional Provision Applies
Provincial Nominee Program A person who made an application in a province or a territory for nomination as a member of the Provincial Nominee Class before August 01, 2014 [R13 (1) (d)] The evidence of the date on which the province or the territory received the application for nomination

The Date of Application column on the nomination spreadsheet the province or territory sends to Immigration, Refugees and Citizenship Canada (IRCC) each month
Quebec Economic Programs A person who made an application to Quebec for selection as a member of the economic class before August 01, 2014 [R13 (1) (c)] The evidence of the date on which Quebec received the Certificat de sélection du Québec (CSQ) application

The date on the principal applicant’s Form 6 (F06)
Persons in Quebec in Distressful Situations A person who made an application to Quebec for selection as a person in a particularly distressful situation before August 01, 2014 [R13 (1) (b)] The evidence of the date on which Quebec received the Certificat de sélection du Québec (CSQ) application

The date on the principal applicant’s Form 6 (F06)
Persons being sponsored as Refugees under a Quebec Group Sponsorship A person concerning whom an undertaking application was made to Quebec before August 01, 2014 [R13 (1) (i)] The evidence of the date on which Quebec received the refugee sponsorship undertaking

 

The date stamp on the Undertaking – Collective Sponsorship Form
The Live-in Caregiver Program A person who made their work permit application under Division 3 of Part 6 of the Immigration and Refugee Protection Act (IRPA) and whose work permit application received approval before August 01, 2014 [R13 (1) (e)] The evidence of the date on which Immigration, Refugees and Citizenship Canada (IRCC) approved the application for the initial Live-in Caregiver Program (LCP) work permit

The Received Date available in the Global Case Management System (GCMS)
Government assisted Refugees Applying for Resettlement A person concerning whom a referral set out in Section 140.3 of the Immigration and Refugee Protection Regulations (IRPR) was submitted to the immigration office before August 01, 2014 [R13 (1) (g)] The evidence of the date on which Immigration, Refugees and Citizenship Canada (IRCC) received the referral from the refugee referral organisation

 

The date stamp on the Resettlement Registration Form (this is available in the Global Case Management System (GCMS))
In-Canada Refugee Claimants who have Acquired Protected Person Status A person who made a claim for refugee protection in Canada before August 01, 2014 and who, acquired protected person status before or after August 01, 2014

 

Note:

The Receipt of Protected Person status could occur either at the refugee claim or in a subsequent Pre-removal Risk Assessment (PRRA), following a rejected refugee claim or a determination that the refugee claim was ineligible for referral to the Immigration and Refugee Board (IRB) [R13 (1) (f)]

 The evidence of the date on which Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) received the refugee claim

 

The date of issue of Refugee Protection Claimant Document (this is available in the Global Case Management System (GCMS))
Persons Examined Under a Refugee-like Public Policy (A25.2) A person whose circumstances have been under examination under Section 25.2 of the Immigration and Refugee Protection Act (IRPA) before August 01, 2014 [R13 (1) (j)] The evidence of the date on which the authorities established the public policy

 

The public policy document mentioning the “Effective From” date, which denotes the date the Minister signed the public policy
Certain Parents and Grandparents A parent or a grandparent concerning whom a sponsorship application was made prior to November 05, 2011 [R13 (1) (k)] The evidence of the date on which Immigration, Refugees and Citizenship Canada (IRCC) received the sponsorship application

 

The date stamp on IMM 1344 (this is available in the Global Case Management System (GCMS))
Certain Privately Sponsored Refugees A person respecting whom a sponsorship application was made under Part 8 of the Immigration and Refugee Protection Regulations (IRPR) on or before October 18, 2012 [R13 (1) (h)] The evidence of the date on which Immigration, Refugees and Citizenship Canada (IRCC) received the sponsorship application

 

The date stamp on IMM 5373 (this is available in the Global Case Management System (GCMS))

 

Immigration, Refugees and Citizenship Canada (IRCC) would ensure that the relevant information is available on its website. This would inform clients of the circumstances in which they would be eligible for including a child as a dependent under the pre-amendment definition of a dependent child. In addition, they would also provide a web tool. This tool would provide existing and future applicants with practical information on the eligibility of their children. The applicants could include this on their application under a specific program or category.

The Process for Entering a Dependent’s Lock-in Date

The lock-in date in the Global Case Management System (GCMS) has a default value of the application received date. Therefore, officers would need to enter the applicable lock-in date manually if:

  • Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR) on or after August 01, 2014
  • The Application for Permanent Residence (APR) does not benefit from a transitional provision and,
  • The lock-in date should be other than the date on which Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR)

The officers would need to refer to the information provided in the table titled (Table for Age Lock-in Dates for Children by Immigration Program or Category). Thereafter, they would need to enter the lock-in date accordingly. They would also need to refer to the information provided by Table 2. Table 2 contains the Information Confirming that a Transitional Provision Applies for an Application for Permanent Residence Received on or after August 01, 2014.

Officers would need to enter certain information in the Global Case Management System (GCMS) Case Notes. This would be useful for record purposes. They would need to enter the information that:

  • A transitional provision applies (they would need to specify which transitional provision applies, as per Table 2)
  • The pre-amendment definition of dependent child applies (they would need to specify the type of dependent)
  • Dependents are ineligible because a transitional provision does not apply and the dependents failed to meet the new definition of a dependent child and,
  • They deem appropriate especially any additional details for explanation or clarification such as:
    • The lack of evidence to support eligibility under the pre-amendment definition or to verify the age lock-in date

Entering the Fee Information

The permanent resident processing fee for all accompanying dependent children would be $150. This is in accordance with the amended regulations. This is applicable to:

  • Those under 19 years or age and,
  • Those aged 19 years or above, who are financially dependent on their parents because of a physical or a mental condition

Annex L (Permanent Resident Fees for Dependent Children) provides further details. It lists the range of permanent resident fees for dependent children. This would be applicable on or after August 01, 2014, based on the dependent type i.e. Type 1, 2, A, B or C. Situations could arise where there are other accompanying children covered by transitional provisions. In these cases, the authorities would levy the fees that was in effect prior to August 01, 2014.

The authorities have created the new fee codes and descriptions in the Integrated Payment and Revenue Management System (IPRMS) by specific application business line. Officers could refer to this in the GCMS – Release Notes for GCMS eServices Release 6.0.

Temporary Resident Fees

The new definition of a dependent child would only affect certain temporary resident fees. The fee affected by this new definition of a dependent child would be:

  • The family rate for an application for a Temporary Resident Visa (TRV) and,
  • The family rate for the accompanying biometric fee

The authorities could receive some Temporary Resident Visa (TRV) applications on or after August 01, 2014. They mandate that only children included in these applications, who meet the new definition of a dependent child, would be eligible for inclusion in these family rates. Therefore, some children might need to pay separate Temporary Resident Visa (TRV) and biometric fees. These would typically include children, who are:

  • Aged 19 years or above and,
  • Not dependent on a parent because of a physical or a mental condition