A transitional provision applies i.e. R13 (1) (d).
- 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) [Section 5.24 of OP 1]
- 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
- Sample Scenario B
- On September 01, 2014, the CIC receives an Application for Permanent Residence (APR) from a provincial nominee
- 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 23 years old
- In a common-law relationship since the age of 20 years and,
- Entering the final year of a four-year university program
- The principal applicant had applied for a provincial nomination 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 on that date, the child was found to have been:
- Depending substantially on the financial support of the parents since becoming a common-law partner and.
- Continuously enrolled in and attending a post-secondary institution
- 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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