A transitional provision does not apply.
- Definition of a Dependent Child: Use the new definition
- Age Lock-in Date: The age lock-in date is the date on which the CIC received the Application for Permanent Residence (APR) [R25.1 (1)]
- The Impact: Officers can process a child as a dependent if, on the date on which the province or territory receives the nomination application from the principal applicant, the child is:
- Under 19 years of age and single or,
- Aged 19 years or above and dependent on a parent because of a physical or mental condition
- Sample Scenario C
- On October 03, 2014, the CIC receives an Application for Permanent Residence (APR) package along with a group sponsorship for a refugee abroad
- 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 20 years old and,
- Unmarried
- The CIC had received both, the group sponsorship and the Application for Permanent Residence (APR) after August 01, 2014, hence:
- A transitional provision does not apply and,
- The officers would apply the new definition of a dependent child
- The officers would not process the child’s application as a dependent because the age lock-in date is effective on the date the CIC received the Application for Permanent Residence (APR) for the principal applicant and on that date, the child was not below 19 years of age i.e. the child was 20 on the age lock-in date
- In this scenario, the officers could review the circumstances of the case to assess whether they could consider the child’s eligibility for processing under the de facto dependent policy
- Sample Scenario C (with the One-Year Window)
- On December 02, 2014, the CIC receives an Application for Permanent Residence (APR) package along with a group sponsorship for a refugee abroad
- 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 18 years old and,
- Unmarried
- The principal applicant becomes a permanent resident on January 07, 2016
- On September 15, 2017, the CIC receives an Application for Permanent Residence (APR) from the first applicant’s child under the “One-Year Window” provision for dependents of refugees abroad specified in R141 (1) (b)
- The CIC had received both, the group sponsorship and the Application for Permanent Residence (APR) after August 01, 2014, hence:
- A transitional provision does not apply and,
- The officers would apply the new definition of a dependent child
- The officers process the child’s application as a Type 1 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 19 years of age
- 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
Advertisement