A transitional provision applies i.e. R13 (1) (f).
- 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 May 11, 2011, a foreign national made a refugee claim to the local CIC office in Calgary
- This individual had an 18-year old child residing with the individual in Canada
- The authorities have deemed the individual to be a Convention refugee on December 01, 2013
- On August 06, 2014, the CIC receives an Application for Permanent Residence (APR) package from this individual
- 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
- Unmarried and,
- Not in a common-law relationship
- The individual had made a refugee claim in Canada and had received the status of a Convention refugee 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 parent had made a refugee claim in Canada and had received the status of a Convention refugee – 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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