Your gateway to Canada

Immigration Newsweek

By Atty. Henry Moyal

It is now well known that as of October 24, 2017 any new applicant/application can include a dependant unmarried child under the age of 22 years old.
This new law increased the age of a child from 19 to 22. A positive and welcome sign by Canada Immigration.

But what if a person has an existing PR application in process and did not include a child (because the child was over 19 and ineligible) but now that child is under 22 years old and eligible under the new rules? How does a person add the child?

The procedure is as follows:

A) Parents who wish to apply for their child to come to Canada must notify the Department of their intention to do so by January 31, 2018.

B) A permanent residence application for a child can be made if the:
1. Child was 19, 20, or 21 as of May 3, 2017 (the date of final publication of the regulatory amendment) or as of date the parent’s permanent residence application was made, if received on or after May 3, 2017 and before October 24, 2017;
2. Parent or child had a permanent residence application that was either pending on May 3, 2017 or was received on or after May 3, 2017 and before October 24, 2017 (the child must have been previously identified as “additional family” on their parent’s application);
3. Child is not a spouse/common-law partner; and,
4. Child is not otherwise inadmissible.
C) The child can be:
1. Processed or added to an application (as a dependent child) if the permanent resident visa or Confirmation of Permanent Residence (COPR) had not been issued at the time the Department was notified of the intention to add the child; OR
2. Sponsored as a member of the Family Class once the parent is granted permanent residence.

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