New Definition of Age of Dependents Now in Force

New Definition of Age of Dependents Now in Force

A regulatory amendment to raise the age limit for dependent children from “under 19” to “under 22” came into force on October 24, 2017. The change to the definition of the age of dependents from “under 19” to “under 22” will apply to all new applications received on or after October 24, 2017. This was a key mandate commitment for this Liberal Government and a welcomed change that will help more immigrant families stay together and facilitates family reunification.

For applicants whose permanent residence application was received between August 1, 2014 and October 23, 2017, the “under 19” definition of a dependent child continues to apply. IRCC anticipates that there could be a considerable number of requests to add or process a child 19 to 21 on a pending application based on humanitarian and compassionate grounds. Due to the fact that this would result in a considerable increase in workload delay the processing of applications in all lines of business, the Minister has also established that there are sufficient public policy considerations to justify granting exemptions. This public policy will allow for the addition or sponsorship of some children whose parents had existing applications in process on May 3, 2017, or who have applied since that time.

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;

OR

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.