Last Updated on December 29, 2016
The authorities have not provided any transitional provisions pertaining to appeals filed by sponsors to the Immigration Appeal Division (IAD). This is in accordance with the provisions specified in subsection 63 (1) of the Immigration and Refugee Protection Act (IRPA). However, a transitional provision exists that specifies that the pre-amendment definition continues to apply in the case of a dependent child of a person who made the application for a Permanent Resident Visa (PRV) or for permanent resident status prior to the coming into force of the new regulations.
As of August 01, 2014, the Immigration Appeal Division (IAD) would base its decision on the law that was in effect at the time Immigration, Refugees and Citizenship Canada (IRCC) received the application. This applies to all appeals where Immigration, Refugees and Citizenship Canada (IRCC) received the application prior to August 01, 2014, and where the visa officer made a decision based on the pre-amendment definition of a dependent child.
In some cases, Immigration, Refugees and Citizenship Canada (IRCC) would receive the applications on or after August 01, 2014. In this scenario, the new regulations concerning the change in the definition of a dependent child would come into play.