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 Quebec received the group undertaking application [R25.1 (6)]
- The Impact: Officers can process a child as a dependent if, on the date on which Quebec receives the group undertaking application, 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 December 01, 2015, the CIC receives an Application for Permanent Residence (APR) from a refugee abroad
- Quebec had approved the collective undertaking for this refugee, which the CIC received for assessment on November 03, 2014
- The Application for Permanent Residence (APR) includes details of the applicant’s child who, at the time Quebec received the undertaking application, was:
- Aged 19 years old
- Unmarried and,
- Living elsewhere
- The principal applicant becomes a permanent resident on December 11, 2015
- On December 11, 2016, 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
- Quebec had received the undertaking application after August 01, 2014, hence:
- A transitional provision would 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 Quebec received the undertaking application and on that date, the child was not below 19 years of age
- 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 01, 2015, the CIC receives an Application for Permanent Residence (APR) from a refugee abroad
- Quebec had approved the collective undertaking for this refugee, which the CIC received for assessment on November 03, 2014
- The Application for Permanent Residence (APR) includes details of the applicant’s child who, at the time Quebec received the undertaking application, was:
- Aged 19 years old
- Unmarried and,
- Living elsewhere
- The principal applicant becomes a permanent resident on December 11, 2015
- On December 11, 2016, 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)
- Quebec had received the undertaking application after August 01, 2014, hence:
- A transitional provision would 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 Quebec received the undertaking application and on that date, the child was not below 19 years of age
- 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
- 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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