A transitional provision applies i.e. R13 (1) (i).
- 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) [R142]
- 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 B
- On August 18, 2014, the visa office receives an Application for Permanent Residence (APR) from a refugee abroad
- Quebec had approved the collective undertaking for this refugee, which the CIC received for assessment on September 11, 2014
- The Application for Permanent Residence (APR) includes details of the applicant’s child who, at the time Quebec received the undertaking application, was:
- Aged 21 years old and,
- Unmarried
- Quebec had received the undertaking application 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 the age lock-in date is effective on the date the CIC received the principal applicant’s Application for Permanent Residence (APR)
- Sample Scenario B (with the One-Year Window)
- On August 18, 2014, the visa office receives an Application for Permanent Residence (APR) from a refugee abroad
- Quebec had approved the collective undertaking for this refugee, which the CIC received for assessment on September 11, 2014
- The Application for Permanent Residence (APR) includes details of the applicant’s child who, at the time Quebec received the undertaking application, was:
- Aged 21 years old
- Unmarried and,
- Living elsewhere
- The principal applicant becomes a permanent resident on November 23, 2015
- On October 20, 2016, the CIC receives an Application for Permanent Residence (APR) from the first applicant’s child under the “One-Year Window” provision specified in R141 (1) (b)
- Quebec had received the undertaking application 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 the age lock-in date is effective on the date the CIC received the principal applicant’s Application for Permanent Residence (APR) and therefore, the child’s age is below 22 years on the age lock-in date
- 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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