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 applicants made the refugee claim [R25.1 (9)]
- 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 September 02, 2014, a foreign national arrives at a port of entry and submits a refugee claim
- The foreign national obtains protected person status subsequently and submits an Application for Permanent Residence (APR)
- 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 19 years old and,
- Unmarried
- The principal applicant had made an in-Canada refugee claim 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 principal applicant made a refugee claim and on that date, the child was not below 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
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