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 initial work permit under the Live-in Caregiver Program (LCP) [R25.1 (5)]
- 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
- In December 2013, the visa office receives an Application for an initial work permit under the Live-in Caregiver Program (LCP) from a foreign national
- The applicant has two children who, at the time the CIC received the application, were:
- Of the ages of 19 and 14 years and,
- Living abroad
- The CIC issues the principal applicant an initial work permit under the Live-in Caregiver Program (LCP) on September 22, 2014
- The principal applicant submits an Application for Permanent Residence (APR) on July 02, 2018, which includes the details of both the children
- The CIC had approved the initial work permit under the Live-in Caregiver Program (LCP) in September 2014 i.e. 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 elder child’s application as a dependent because the age lock-in date is effective on the date the CIC received the application for the initial work permit under the Live-in Caregiver Program (LCP) for the principal applicant and on that date, the child was not below 19 years of age i.e. the elder child was 19 on the age lock-in date
- The officers process the younger child’s application as a Type A dependent because on the date the CIC received the application for the initial work permit under the Live-in Caregiver Program (LCP) – the age lock-in date, the younger child was:
- Under 19 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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