Operational Bulletin 588 – August 01, 2014
Change in the Definition of a Dependent Child
Summary
This Operational Bulletin (OB) provides operational guidance to officers belonging to:
- Citizenship and Immigration Canada (CIC) and,
- The Canada Border Services Agency (CBSA)
It carries instructions on regulatory amendments that are currently introducing a new definition of the term “dependent child”. This definition will find mention in Section 2 of the Immigration and Refugee Protection Regulations (IRPR). The new definition will also come into force from August 01, 2014.
In addition, the authorities have declared that the new definition of the term “dependent child” would become applicable across all CIC lines of business. Thus, even temporary residents would come under the purview of this new definition. The new definition would come into effect from August 01, 2014.
The Background
The earlier definition of the term “dependent child” denoted children who were:
- Under 22 years of age and not spouses or common-law partners OR,
- Of the age of 22 years or above and dependent on a parent because they:
- Were fulltime students or,
- Had specific physical or mental conditions
Sections 121, 128 and 142 of the Regulations documented procedures for locking in the age of dependent children. The procedures concerned locking the ages of dependent children at specified points, during the processing of permanent resident applications for the family and refugee streams. Operational manuals OP 2, IP 8 and OP 5 contained supplementary information on these procedures. Similarly, various operational manuals contained age lock-in procedures for the economic stream only.
However, all these procedures lacked one major clause. They did not consistently address the process of locking in the age of a child at the first formal stage of an immigration program, which involved multiple steps.
The New Processing Instructions
The Impact of Change in the Definition of Dependent Child on Family Class Refusal Appeals before the Immigration Appeal Division (IAD)
Currently, sponsors can file appeals under subsection 63 (1) of the Immigration and Refugee Protection Act (IRPA). Effective August 01, 2014, the new regulations – especially concerning the change in the definition of a dependent child – will apply in such cases for appeals where:
- The case has commenced but,
- The Immigration Appeal Division (IAD) has not rendered a decision yet
A hearing before the Immigration Appeal Division (IAD) is de novo. Therefore, the Immigration Appeal Division (IAD) will base its decisions on the law that is in force at the time of the hearing. It will not base its decision on the law that was in force at the time an officer made the original decision. This means that hearings where the Immigration Appeal Division (IAD) has not rendered a decision before August 01, 2014, would remain based on the amended regulations. This is especially the case applicable to A63 (1) appeals filed by sponsors.
Annex A: The Scenarios Applicable for Applicants Selected by a Province or Territory under the Provincial Nominee Program (PNP)
Annex B: The Scenarios Applicable for Applicants Selected by the Province of Quebec under the Quebec Economic Immigration Programs (Immigration Program for Skilled Workers, Immigration Investors Program, Immigration Entrepreneurs Program and Immigration Program for Self-Employed Workers)
Annex C: The Scenarios Applicable for Persons in Quebec in Distressful Situations
Annex D: The Scenarios Applicable for Persons Being Sponsored as Refugees Under a Quebec Group Sponsorship
Annex E: The Scenarios Applicable for the Live-in Caregiver Program
Annex F: The Scenarios Applicable for Government Assisted Refugees Applying for Resettlement
Annex G: The Scenarios Applicable for in-Canada Refugee Claimants who are Now Applying for Permanent Residence as Protected Persons
Annex H: The Scenarios Applicable 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 on or after August 01, 2014
Annex I: The Scenarios Applicable for Privately Sponsored Refugees
Annex J: The Scenarios Applicable for Parents and Grandparents
Annex L: Permanent Resident Fees Applicable for Dependent Children
The New Definition of a Dependent Child
|
The Dependent Type |
The Scenario |
The Fee |
|
Type 1 |
Child under 19 years of age, unmarried and not in a common-law relationship, who is the principal applicant |
$75 |
|
Type 1 |
Child under 19 years of age, unmarried and not in a common-law relationship, who is accompanying a parent |
$150 |
|
Type 2 |
Child aged 19 years or above, who is unable to be financially self-supporting because of a physical or a mental condition, and who is the principal applicant |
$475 |
|
Type 2 |
Child aged 19 years or above, who is unable to be financially self-supporting because of a physical or a mental condition, and who is accompanying a parent |
$150 |
The Pre-Regulatory Amendment Definition of a Dependent Child (Applied prior to August 01, 2014 or subject to Transitional Provisions)
|
The Dependent Type |
The Scenario |
The Fee |
|
Type A |
Child under 22 years of age, unmarried and not in a common-law relationship, who is the principal applicant |
$75 |
|
Type A |
Child under 22 years of age, unmarried and not in a common-law relationship, who is accompanying a parent |
$150 |
|
Type B |
Child aged 22 years or above, who is a fulltime student, and who is the principal applicant |
$475 |
|
Type B |
Child aged 22 years or above, who is a fulltime student, and who is accompanying a parent |
$550 |
|
Type B |
Child aged 22 years or above, who is married or in a common-law relationship, who is accompanying a parent |
$550 |
|
Type C |
Child aged 22 years or above, who is unable to be financially self-supporting because of a physical or a mental condition, and who is the principal applicant |
$475 |
|
Type C |
Child aged 22 years or above, who is unable to be financially self-supporting because of a physical or a mental condition, and who is accompanying a parent |
$150 |
Officers would need to enter any additional details for explanation or clarification for record purposes. They could enter the additional details in the GCMS case notes.
Source: Citizenship and Immigration Canada (CIC)
