Eligibility criteria and conditions
Based on public policy considerations, officers may grant an exemption from the provisions of the Regulations to foreign nationals who meet the following eligibility criteria and conditions:
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.
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;
2. Sponsored as a member of the Family Class once the parent is granted permanent residence.
Parents who wish to apply for their child to come to Canada must notify IRCC of their intention to do so by January 31, 2018. Once IRCC has been advised, they will contact applicants directly to tell them what they need to do to sponsor or add their child to their application.
Applicants must notify IRCC as soon as possible, using a web form, as the notification period will end on January 31, 2018. If you or your employees need more information on this regulatory change and how to determine if a child can be included under the wider definition, contact one of our professionals.