By Atty. Henry Moyal
REDUCTION IN AGE OF DEPENDANT CHILD IS NOW IN EFFECT
Applicants who are including dependant children on a permanent resident application must now be aware of new rules regarding age of dependant children. In the past, an applicant could include a unmarried child who was under 22 years of age OR include an unmarried child who was over 22 years of age on the condition that the child was a continuous full time student from the age of 22.
Effective August 1, 2014 the age of dependant child has been reduced. Currently, an applicant can only include an unmarried child who is under the age of 19 – period. Canada Immigration has removed the “still a student” option and therefore children who are studying full time, and are 19 years of age or older, can no longer be considered dependent children.
Lock in Date and Applications Already in Process
For all permanent resident applications Canada Immigration locks in the age of a dependent child at the date that CIC receives a complete application for permanent residence. A complete application is one that is made in writing using the form provided by the Department, signed by the applicant, including all information and documentation required including processing fees.
1. Certificat de sélection – distressful situation: For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is referred to in section 71, to whom a Certificat de sélection du Québec has been issued declaring that that person is in a particularly distressful situation and who makes an application under Division 6 of Part 5 is the date on which the application for selection was made to Quebec.
2. Quebec economic candidate: For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is referred to in section 86, 96, 99 or 101, to whom a Certificat de sélection du Québec has been issued and who makes an application under Division 6 of Part 5 is the date on which the application for selection was made to Quebec.
3. Provincial nominee: For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is a member of the provincial nominee class, who is nominated by the province and who makes an application under Division 6 of Part 5 is the date on which the application for nomination was made to the province.
4.Live-in caregiver: For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is a member of the live-in caregiver class and who makes an application under Division 6 of Part 5 is the date on which the initial application for a work permit as a live-in caregiver was made.
5. Sponsorship – refugee: For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is referred to in paragraph 139(1)(h), who makes an application under Division 6 of Part 5 and in respect of whom an undertaking application is made by a sponsor who meets the requirements of sponsorship set out in section 158 is the date on which the undertaking application was made to Quebec.
6. Refugee: For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who submits an application for a permanent resident visa under Division 1 of Part 8 along with one of the referrals set out in section 140.3 is the date on which the referral was made.
7. Family member who does not accompany applicant: For the purposes of determining whether a child who submits an application under paragraph 141(1)(b) is the dependent child of a person who has submitted an application under paragraph 139(1)(b), the lock-in date for the age of that child is the date on which that person submitted the application.
8. Refugee protection: For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who has submitted a claim for refugee protection inside Canada under subsection 99(3) of the Act, who has acquired protected person status and who has made an application for permanent residence is the date on which the claim for refugee protection was made.
Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.The above article is general advice only and is not intended to act as a legal document.Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193
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