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 the CIC 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 the CIC 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, the CIC 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 the CIC 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 the CIC 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
Source: Citizenship and Immigration
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