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 the CIC received the Application for Permanent Residence (APR) unless specified otherwise by the public policy [R25.1 (1)]
- 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 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 B
- On April 14, 2015, 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 on January 02, 2015
- The Application for Permanent Residence (APR) includes details of the applicant’s child who, at the time the CIC received the Application for Permanent Residence (APR), was:
- Aged 20 years old and,
- Unmarried
- The circumstances of the foreign national were subject to consideration under a public policy after August 01, 2014, hence:
- A transitional provision does not apply and,
- The officers would apply the new definition of a dependent child
- The age lock-in date for the child is the date on which the CIC received the application
- The officers would not process the child’s application as a dependent because the age lock-in date is effective on the date the CIC received the Application for Permanent Residence (APR) for the principal applicant and on that date, the child was not below 19 years of age
- However, the officers could check whether the child is eligible for applying as a principal applicant under the terms of the public 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
Source: Citizenship and Immigration
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