The CIC would receive applications where a transitional provision is applicable. In these cases, the dependent children would need to meet the pre-amendment definition of a dependent child. They must meet the demands of the definition at the time the CIC receives the principal applicant’s Application for Permanent Residence (APR). Only then would the CIC officers consider the child eligible for processing as a dependent child.
- For Applicants Selected by a Province or a Territory Under the Provincial Nominee Program
- Provincial nominees would need to first apply to the province or territory for nomination
- Once they receive the approval, they would need to apply to the CIC for permanent residence
- However, they can only do this before their nomination expires
- Under Transitional Provisions:
- A Province or Territory might receive complete applications for nomination before August 01, 2014
- The CIC officers would need to assess the children of applicants listed in these applications using the pre-amendment definition of a dependent child
- This is regardless of the fact that the CIC could have received their complete Application for Permanent Residence (APR) on or after August 01, 2014
- The CIC officers would need to apply pre-amendment lock-in procedures on the date the CIC receives the Application for Permanent Residence (APR) from the principal applicant
- This would mean that the CIC officers would lock in the age of the dependent child on the date the CIC receives the Application for Permanent Residence (APR) from the principal applicant
- Other Applications for Permanent Residence (APRs) not Covered by Transitional Provisions
- The CIC officers would not apply the new definition of a dependent child
- The New Lock-in Date
- An applicable province or territory authority would receive a complete application for provincial nomination from the principal applicant
- The CIC officers would lock in the age of a child of an applicant under the Provincial Nominee Program (PNP) on the date on which the applicable province or territory authority received the complete application for provincial nomination from the principal applicant
- This is in accordance with R25.1 (4)
- For Applicants Selected by the Province of Quebec under the Quebec Economic Immigration Programs
- Quebec economic migrants would first need to apply to the Province of Quebec for selection
- Once they obtain the approval, they would need to apply to the CIC for permanent residence
- Under Transitional Provisions:
- The Province of Quebec might receive complete applications for nomination before August 01, 2014
- The CIC officers would need to assess the children of applicants listed in these applications using the pre-amendment definition of a dependent child
- This is regardless of the fact that the CIC could have received their complete Application for Permanent Residence (APR) on or after August 01, 2014
- The CIC officers would need to apply pre-amendment lock-in procedures on the date the Province of Quebec receives the complete application for a CSQ from the principal applicant
- This would mean that the CIC officers would lock in the age of the dependent child on the date the Province of Quebec receives the complete application for a CSQ from the principal applicant
- Other Applications for Permanent Residence (APRs) not Covered by Transitional Provisions
- The CIC officers would need to apply the new definition of a dependent child
- The New Lock-in Date
- The Province of Quebec would receive a complete application for a CSQ from the principal applicant
- The CIC officers would lock in the age of a child of an applicant under a Quebec economic immigration program on the date on which Quebec receives a complete application for a CSQ from the principal applicant
- This is in accordance with R25.1 (3)
- For Persons Selected by Quebec, who are in Distressful Situations
- Foreign nationals could apply to the Province of Quebec for a CSQ
- This is especially so if they are in a particularly distressful situation
- Once these foreign nationals receive the CSQ, they would need to apply to the CIC for obtaining permanent residence
- In cases like these, the CSQ would need to explicitly state that the person is in a particularly distressful situation
- Under Transitional Provisions:
- The Province of Quebec might receive complete applications for selection due to a distressful situation before August 01, 2014
- The CIC officers would need to assess the children of applicants listed in these applications using the pre-amendment definition of a dependent child
- This is regardless of the fact that the CIC could have received their complete Application for Permanent Residence (APR) on or after August 01, 2014
- The CIC officers would need to apply pre-amendment lock-in procedures on the date the Province of Quebec receives the complete application for a CSQ from the principal applicant
- This would mean that the CIC officers would lock in the age of the dependent child on the date the Province of Quebec receives the complete application for a CSQ from the principal applicant
- Other Applications for Permanent Residence (APRs) not Covered by Transitional Provisions
- The CIC officers would need to apply the new definition of a dependent child
- The New Lock-in Date
- The Province of Quebec would receive a complete application for a CSQ from the principal applicant
- The CIC officers would lock in the age of a child of an applicant under a distressful situation on the date on which Quebec receives a complete application for a CSQ from the principal applicant
- This is in accordance with R25.1 (2)
- For Persons Receiving Sponsorship as Refugees Under a Quebec Group Sponsorship
- A group of private individuals could submit an undertaking application for a refugee to the Province of Quebec
- They would need to submit this along with an Application for Permanent Residence (APR)
- Dependent children of refugees abroad, who have been included in the principal applicant’s Application for Permanent Residence (APR) can apply for a permanent resident visa
- They could do this if:
- Their names are included in the principal applicant’s Application for Permanent Residence (APR):
- At the time of initial application or,
- Added at some stage before the principal applicant departs for Canada AND,
- They meet all applicable requirements for eligibility
- Their names are included in the principal applicant’s Application for Permanent Residence (APR):
- They would need to apply for a permanent resident visa if they apply to the visa office within one year from the day the principal applicant becomes a permanent resident as a protected person
- This is the “One-Year Window” provision, specified by R141 (1) (b)
- The lock-in date for the age of an overseas child of an applicant is the date on which the CIC receives a complete Application for Permanent Residence (APR) from the principal applicant accepted as a refugee abroad
- This pertain to overseas children of an applicant, who:
- Are refugees abroad but,
- Do not accompany the applicant to Canada
- This is in accordance with R25.1 (8)
- On or after August 01, 2014, CIC officers could process children of the age of 19 years or over, who do not otherwise qualify for processing under the pre-amendment definition of a dependent child as de facto dependents if the children meet all the requirements
- Under Transitional Provisions:
- The Province of Quebec might receive complete applications for from applicants sponsored as refugees by a group of individuals in Quebec before August 01, 2014
- The CIC officers would need to assess the children of applicants listed in these applications using the pre-amendment definition of a dependent child
- This is regardless of the fact that the CIC could have received their complete Application for Permanent Residence (APR) on or after August 01, 2014
- The CIC officers would need to apply pre-amendment lock-in procedures on the date the Province of Quebec receives the complete Application for Permanent Residence (APR) from the principal applicant
- This would mean that the CIC officers would lock in the age of the dependent child on the date the Province of Quebec receives the Application for Permanent Residence (APR) from the principal applicant
- Other Applications for Permanent Residence (APRs) not Covered by Transitional Provisions
- The CIC officers would need to apply the new definition of a dependent child
- The New Lock-in Date
- The Province of Quebec would receive complete applications from applicants sponsored as refugees by a group of individuals in Quebec
- The CIC officers would lock in the age of children of applicants sponsored as refugees by a group of individuals in Quebec, on the date on which Quebec receives a complete undertaking application from the collective sponsorship group
- This is in accordance with R25.1 (6)
- For Live-in Caregivers
- Live-in caregivers come to Canada on an initial work permit under the Live-in Caregiver Program (LCP)
- Initially, these individuals arrive unaccompanied by their children
- However, by the time they qualify to apply for permanent residence, almost all apply for permanent residence with the intent of reuniting with their children
- Some live-in caregivers might be eligible for applying for permanent residence within two years of their arrival on work permits
- However, in some cases, it might even take them up to four years for meeting the requirements
- Under Transitional Provisions:
- The CIC might receive complete initial work permit applications under the Live-in Caregiver Program (LCP) before August 01, 2014
- The CIC officers would need to assess the children of applicants listed in these applications using the pre-amendment definition of a dependent child
- This is regardless of the fact that the CIC could have received their complete Application for Permanent Residence (APR) on or after August 01, 2014
- The CIC officers would need to apply pre-amendment lock-in procedures on the date the CIC receives the Application for Permanent Residence (APR) from the principal applicant
- This would mean that the CIC officers would lock in the age of the dependent child on the date the CIC receives the Application for Permanent Residence (APR) from the principal applicant
- Other Applications for Permanent Residence (APRs) not Covered by Transitional Provisions
- The CIC officers would need to apply the new definition of a dependent child
- The New Lock-in Date
- The CIC would receive a complete initial work permit application under the Live-in Caregiver Program (LCP) from the principal applicant
- The CIC officers would lock in the age of a child of an applicant under the Live-in Caregiver Program (LCP) on the date on which they approve the application for the initial work permit as a live-in caregiver from the principal applicant
- This is in accordance with R25.1 (5)
- For Government Assisted Refugees Applying for Resettlement
- Circumstances have separated many refugees abroad from their children
- These refugees often have little control over the destination and the timing of their migration
- Hence, it could take them years before they receive protected person status
- Only after receiving the protected person status, can these refugees submit an Application for Permanent Residence (APR)
- Dependent children of refugees abroad, who have been included in the principal applicant’s Application for Permanent Residence (APR) can apply for a permanent resident visa
- They could do this if:
- Their names are included in the principal applicant’s Application for Permanent Residence (APR):
- At the time of initial application or,
- Added at some stage before the principal applicant departs for Canada AND,
- They meet all applicable requirements for eligibility
- Their names are included in the principal applicant’s Application for Permanent Residence (APR):
- They would need to apply for a permanent resident visa if they apply to the visa office within one year from the day the principal applicant becomes a permanent resident as a protected person
- This is the “One-Year Window” provision, specified by R141 (1) (b)
- The lock-in date for the age of an overseas child of an applicant is the date on which the CIC receives a complete Application for Permanent Residence (APR) from the principal applicant accepted as a refugee abroad
- This pertain to overseas children of an applicant, who:
- Are refugees abroad but,
- Do not accompany the applicant to Canada
- This is in accordance with R25.1 (8)
- On or after August 01, 2014, CIC officers could process children of the age of 19 years or over, who do not otherwise qualify for processing under the pre-amendment definition of a dependent child as de facto dependents if the children meet all the requirements
- Under Transitional Provisions:
- The CIC might receive complete applications from government assisted refugees before August 01, 2014
- The CIC officers would need to assess the children of applicants listed in these applications using the pre-amendment definition of a dependent child
- This is regardless of the fact that the CIC could have received their complete Application for Permanent Residence (APR) on or after August 01, 2014
- The CIC officers would need to apply pre-amendment lock-in procedures on the date the CIC receives the Application for Permanent Residence (APR) from the principal applicant
- This would mean that the CIC officers would lock in the age of the dependent child on the date the CIC receives the Application for Permanent Residence (APR) from the principal applicant
- Other Applications for Permanent Residence (APRs) not Covered by Transitional Provisions
- The CIC officers would need to apply the new definition of a dependent child
- The New Lock-in Date
- The CIC would receive a referral from the refugee referral organisation
- The CIC officers would lock in the age of a child of a government assisted refugee applying for resettlement on the date on which the CIC receives the referral from the refugee referral organisation
- This is in accordance with R25.1 (7)
- For Protected Persons (in-Canada Refugee Claimants)
- Circumstances have separated many foreign nationals who are refugees abroad from their children
- These refugees often have little control over the destination and the timing of their migration
- Hence, it could take them years before they receive protected person status
- Only after receiving the protected person status, can these refugees submit an Application for Permanent Residence (APR)
- Under Transitional Provisions:
- The CIC might receive complete in-Canada refugee claims from refugees before August 01, 2014
- These refugees would have acquired protected person status either before or after August 01, 2014
- The CIC officers would need to assess the children of applicants listed in these applications using the pre-amendment definition of a dependent child
- This is regardless of the fact that the CIC could have received their complete Application for Permanent Residence (APR) on or after August 01, 2014
- The CIC officers would need to apply pre-amendment lock-in procedures on the date the CIC receives the Application for Permanent Residence (APR) from the principal applicant
- This would mean that the CIC officers would lock in the age of the dependent child on the date the CIC receives the Application for Permanent Residence (APR) from the principal applicant
- Other Applications for Permanent Residence (APRs) not Covered by Transitional Provisions
- The CIC officers would need to apply the new definition of a dependent child
- The New Lock-in Date
- The CIC or the Canada Border Services Agency CBSA) would receive the refugee claim from the applicant
- The CIC or the CBSA officers would lock in the age of a child of an in-Canada refugee claimant on the date on which the CIC or the CBSA receives the refugee claim from the principal applicant
- This is in accordance with R25.1 (9)
- For Persons whose Circumstances were being Examined under Public Policy Considerations [A25.2] before August 01, 2014 and who made an Application for Permanent Residence (APR) after August 01, 2014
- This aspect emerges from Section 25.2 of the Immigration and Refugee Protection Act (IRPA)
- This section declares that the Minister of Citizenship and Immigration has the authority to institute a public policy that allows foreign nationals who are otherwise inadmissible or unable to meet requirements to become permanent residents
- For example, some people might be in refugee-like situations, yet they might be ineligible for submitting a refugee claim or for applying for resettlement
- Under Transitional Provisions:
- These are applicable for people whose circumstances were being examined under public policy considerations [A25.2] before August 01, 2014 and who made an Application for Permanent Residence (APR) after August 01, 2014
- The CIC officers would need to assess the children of applicants listed in these applications using the pre-amendment definition of a dependent child
- This is regardless of the fact that the CIC could have received their complete Application for Permanent Residence (APR) on or after August 01, 2014
- The CIC officers would need to apply pre-amendment lock-in procedures on the date the CIC receives the Application for Permanent Residence (APR) from the principal applicant
- This would mean that the CIC officers would lock in the age of the dependent child on the date the CIC receives the Application for Permanent Residence (APR) from the principal applicant
- Other Applications for Permanent Residence (APRs) not Covered by Transitional Provisions
- Other applications made under a public policy would use the new definition of a dependent child
- The New Lock-in Date
- The CIC officers would lock in the age of a child of an in-Canada refugee claimant on the date on which the CIC receives the Application for Permanent Residence (APR) from the principal applicant
- Any exceptions to this would be specified by the public policy
- For Parents and Grandparents Cases where Just a Sponsorship Application was Submitted prior to November 05, 2011
- The authorities would apply the pre-amendment definition of a dependent child to the following Parents and Grandparents (PGP) applications:
- Those cases where the CIC received a sponsorship application prior to November 05, 2011
- Those cases that came under the cap imposed by the authorities in January 2014 and,
- Those cases that came under the Temporary Public Policy to Accept for Processing Certain Family Class Sponsorship Applications for Parents and Grandparents [R25.2 (1)]
- The authorities have mandated that applicants would need to submit all applications for sponsoring Parents and Grandparents (PGPs) along with the Application for Permanent Residence (APR)
- This would be effective from July 11, 2011
- Prior to July 11, 2011, applicants needed to submit two applications, namely:
- The Sponsorship application and,
- The permanent resident application, which applicants could submit separately (at a later date)
- On November 05, 2011, the CIC suspended the intake of family class applications under the Parents and Grandparents (PGP) category
- They took this step to boost the efficiency measures of the CIC’s Action Plan for Faster Family Reunification (details given in OB 353)
- The implementation of these measures resulted in an inventory of Parents and Grandparents (PGP) sponsorship applications, which had no accompanying Applications for Permanent Residence (APRs)
- The CIC would solicit the submission of permanent resident applications from these applicants, as and when these cases come for processing
- Under Transitional Provisions:
- The CIC might receive complete sponsorship applications under the Parents and Grandparents (PGP) category before August 01, 2014
- The CIC officers would need to assess the children of applicants listed in these applications using the pre-amendment definition of a dependent child
- This is regardless of the fact that the CIC could have received their complete Application for Permanent Residence (APR) on or after August 01, 2014
- The CIC officers would need to apply pre-amendment lock-in procedures on the date the CIC receives the sponsorship application
- This would mean that the CIC officers would lock in the age of the dependent child on the date the CIC receives the sponsorship application
- Other Applications for Permanent Residence (APRs) not Covered by Transitional Provisions
- All other Parents and Grandparents (PGP) sponsorship applications received on or after August 01, 2014 would use the new definition of a dependent child
- The New Lock-in Date
- The CIC officers would lock in the age of a child of an applicant on the date on which they receive the complete sponsorship application and the Application for Permanent Residence (APR)
- For Privately Sponsored Refugees for whom a Sponsorship Application was Received prior to October 19, 2012
- On October 19, 2012 certain regulatory changes to Canada’s Refugee Resettlement Program came into force (details included in OB 356)
- These regulatory changes states that applicants needed to submit a permanent resident application along with a group sponsorship undertaking to the Centralised Processing Office in Winnipeg
- Prior to October 19, 2012, applicants needed to submit two applications, namely:
- The Sponsorship application and,
- The permanent resident application, which the principal refugee applicants could submit separately (at a later date)
- Dependent children of refugees abroad, who have been included in the principal applicant’s Application for Permanent Residence (APR) can apply for a permanent resident visa
- They could do this if:
- Their names are included in the principal applicant’s Application for Permanent Residence (APR):
- At the time of initial application or,
- Added at some stage before the principal applicant departs for Canada AND,
- They meet all applicable requirements for eligibility
- Their names are included in the principal applicant’s Application for Permanent Residence (APR):
- They would need to apply for a permanent resident visa if they apply to the visa office within one year from the day the principal applicant becomes a permanent resident as a protected person
- This is the “One-Year Window” provision, specified by R141 (1) (b)
- The lock-in date for the age of an overseas child of an applicant is the date on which the CIC receives a complete Application for Permanent Residence (APR) from the principal applicant accepted as a refugee abroad
- This pertain to overseas children of an applicant, who:
- Are refugees abroad but,
- Do not accompany the applicant to Canada
- This is in accordance with R25.1 (8)
- On or after August 01, 2014, CIC officers could process children of the age of 19 years or over, who do not otherwise qualify for processing under the pre-amendment definition of a dependent child as de facto dependents if the children meet all the requirements
- Under Transitional Provisions:
- The CIC might receive complete sponsorship applications from privately sponsored refugees before August 01, 2014
- The CIC officers would need to assess the children of applicants listed in these applications using the pre-amendment definition of a dependent child
- This is regardless of the fact that the CIC could have received their complete Application for Permanent Residence (APR) on or after August 01, 2014
- The CIC officers would need to apply pre-amendment lock-in procedures on the date the CIC receives the sponsorship application
- This would mean that the CIC officers would lock in the age of the dependent child on the date the CIC receives the Application for Permanent Residence (APR) from the principal applicant
- Other Applications for Permanent Residence (APRs) not Covered by Transitional Provisions
- All other applications received on or after August 01, 2014 would use the new definition of a dependent child
- The New Lock-in Date
- The CIC officers would lock in the age of a child of an applicant who is a privately sponsored refugee, on the date on which they receive the complete Application for Permanent Residence (APR) from the principal applicant
- This is in accordance with R25.1 (4)
- Permanent Resident Cards and Permanent Resident Travel Documents
- An applicant who has spent some time abroad, would need to meet certain residency requirements
- Only then would the applicant qualify for receiving:
- A Permanent Resident Card (PRC) or,
- A Permanent Resident Travel Document (PRTD)
- The regulatory amendments regarding the definition of a dependent child do not include any transitional provisions for:
- A Permanent Resident Card (PRC) or,
- A Permanent Resident Travel Document (PRTD)
- The authorities have amended subsection 61 (6) of the Immigration and Refugee Protection Regulations (IRPR) to reflect the new definition of a dependent child
- The amended definition of a dependent child, effective August 01, 2014, mentioned in subsection 61 (6) of the Immigration and Refugee Protection Regulations (IRPR) states:
- For the purposes of subparagraphs 28 (2) (a) (ii) and (iv) of the Act, a “child” means a child who is not a spouse or common-law partner and is less than 19 years of age
- Under the pre-amendment definition, the authorities had specified that age of a child must be less than 22 years
- Officers would need to determine whether the applicants meet the residency requirements for Permanent Resident Cards (PRCs) and Permanent Resident Travel Documents (PRTDs) applications received on or after August 01, 2014
- Thus, these officers would need to assess each day based on the regulations that were in force on that specific day
- For any period of time prior to August 01, 2014, the officers would need to assess the residency for a child under 22 years of age, who spends time accompanying an eligible parent abroad
- For any period of time on or after August 01, 2014, the officers would need to assess the residency for a child under 19 years of age
- Officers would not include any time spent accompanying a parent abroad on or after August 01, 2014 in the residency period for any child aged 19 years or above on August 01, 2014
Source: Citizenship and Immigration
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