A transitional provision applies i.e. R13 (1) (k).
- 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 sponsorship application [Section 5.24 of OP 1 and Section 5.13 of OP 2]
- The Impact: Officers can process a child as a dependent if, on the date on which the CIC received 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
- The age lock-in applies regardless of whether the applicant submitted the sponsorship application before or along with the Application for Permanent Residence (APR)
- Sample Scenario B
- The CIC receives a sponsorship application from a Canadian citizen for the citizen’s parents and a 22-year-old unmarried brother, who is pursuing a master’s program at a university, on October 31, 2011
- On September 18, 2014, the Case Processing Centre in Mississauga receives Applications for Permanent Residence (APRs) from the sponsor’s parents and brother
- The sponsor’s brother is:
- Aged 30+ years old
- Single and,
- In the first year of a Ph.D. program at a university
- The CIC received the sponsorship application prior to November 05, 2011, hence:
- A transitional provision applies and,
- The officers would apply the pre-amendment definition of a dependent child
- The officers process the sponsor’s brother’s application as a Type B dependent because on the date the CIC received the sponsorship application – the age lock-in date, the sponsor’s brother was found to be:
- Dependent substantially on the financial support of the parents since before the 22 years of age
- An active, fulltime post-secondary student since turning 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
Source: Citizenship and Immigration
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