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 D
- On January 02, 2015, 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 a child who, at the time the CIC received the application, was:
- Aged 18 years
- Unmarried and,
- Living abroad
- The CIC issues the principal applicant an initial work permit under the Live-in Caregiver Program (LCP) on August 29, 2015
- The applicant’s child is 19 years of age at this point in time
- The principal applicant submits an Application for Permanent Residence (APR) on March 15, 2019, which includes the details of the child as well
- The CIC had approved the initial work permit under the Live-in Caregiver Program (LCP) in August 2015 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 process the 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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