A transitional provision applies i.e. R13 (1) (g).
- 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 April 17, 2014, the CIC received a Resettlement Registration Form (RRF) from the United Nations High Commission for Refugees (UNHCR) referring two foreign nationals as refugees for resettlement
- The principal applicant submits an Application for Permanent Residence (APR) on August 02, 2014
- 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 21 years old and,
- Unmarried
- The CIC had received the referral 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 A dependent because on the date the CIC received the principal applicant’s Application for Permanent Residence (APR) – the age lock-in date, the child was:
- Under 22 years of age
- Unmarried and,
- Not in a common-law relationship
- Sample Scenario B (with the One-Year Window)
- On April 17, 2014, the CIC received a Resettlement Registration Form (RRF) from the United Nations High Commission for Refugees (UNHCR) referring two foreign nationals as refugees for resettlement
- The principal applicant submits an Application for Permanent Residence (APR) on August 02, 2014
- 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 21 years old and,
- Unmarried
- The principal applicant becomes a permanent resident on February 10, 2016
- On January 04, 2017, 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)
- The CIC had received the refugee referral 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 A dependent because on the date the CIC received the principal applicant’s Application for Permanent Residence (APR) – the age lock-in date, the child was:
- 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
Source: Citizenship and Immigration
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