Scenario A: Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from the principal applicant prior to August 01, 2014
A transitional provision applies i.e. R13 (1) (e).
- Definition of a Dependent Child: Use the pre-amendment definition
- Age Lock-in Date: The age lock-in date is the date on which Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR) [R142]
- The Impact: Officers can process a child as a dependent if, on the date on which Immigration, Refugees and Citizenship Canada (IRCC) receives the Application for Permanent Residence (APR) from the principal applicant, the child is:
- Under 22 years of age and single
- Aged 22 years or above AND a fulltime student dependent on a parent or,
- Aged 22 years or above and dependent on a parent because of a physical or mental condition
- Officers would need to refer to the entire pre-amendment definition of a dependent child
- Sample Scenario A
- On July 24, 2014, the visa office receives an Application for Permanent Residence (APR) from an applicant under the Live-in Caregiver Program (LCP)
- The Application for Permanent Residence (APR) includes details of the applicant’s child who, at the time Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR), was:
- Aged 21 years old
- Unmarried and,
- Living abroad
- The authorities had issued an initial Live-in Caregiver Program (LCP) work permit to the principal applicant prior to August 01, 2014
- Because the principal applicant had received the initial Live-in Caregiver Program (LCP) work permit prior to August 01, 2014, hence:
- A transitional provision applies and,
- The officers would apply the pre-amendment definition of a dependent child
- The officers process the child’s application as a Type A dependent because on the date Immigration, Refugees and Citizenship Canada (IRCC) received the principal applicant’s Application for Permanent Residence (APR) – the age lock-in date, the child was:
- Under 22 years of age
- Unmarried and,
- Not in a common-law relationship
- Dependent children could benefit from a transitional provision at the Application for Permanent Residence (APR) stage by remaining unmarried and not entering into a common-law relationship, if these were requirements specified for meeting the pre-amendment definition
Scenario B: Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from the principal applicant on or after August 01, 2014, but the authorities had approved their initial Live-in Caregiver Program (LCP) work permit application prior to August 01, 2014
A transitional provision applies i.e. R13 (1) (e).
- Definition of a Dependent Child: Use the pre-amendment definition
- Age Lock-in Date: The age lock-in date is the date on which Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR) [R142]
- The Impact: Officers can process a child as a dependent if, on the date on which Immigration, Refugees and Citizenship Canada (IRCC) receives the Application for Permanent Residence (APR) from the principal applicant, the child is:
- Under 22 years of age and single
- Aged 22 years or above AND a fulltime student dependent on a parent or,
- Aged 22 years or above and dependent on a parent because of a physical or mental condition
- Officers would need to refer to the entire pre-amendment definition of a dependent child
- Sample Scenario B
- On September 22, 2014, the visa office receives an Application for Permanent Residence (APR) from an applicant under the Live-in Caregiver Program (LCP)
- The Application for Permanent Residence (APR) includes details of the applicant’s child who, at the time Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR), was:
- Aged 22 years old
- Unmarried and,
- Living and studying fulltime at a university abroad with the second parent
- The principal applicant received her initial work permit under the Live-in Caregiver Program (LCP) in July 2009
- Immigration, Refugees and Citizenship Canada (IRCC) had issued the initial work permit under the Live-in Caregiver Program (LCP) in July 2009 i.e. prior to August 01, 2014, hence:
- A transitional provision applies and,
- The officers would apply the pre-amendment definition of a dependent child
- The officers process the child’s application as a Type B dependent because the child has:
- Depended substantially on the financial support of the parent since before the age of 22 years and,
- Been a student continuously enrolled in and attending a post-secondary institution
- Dependent children could benefit from a transitional provision at the Application for Permanent Residence (APR) stage by remaining unmarried and not entering into a common-law relationship, if these were requirements specified for meeting the pre-amendment definition
Scenario C: Immigration, Refugees and Citizenship Canada (IRCC) receives an Initial Live-in Caregiver Program (LCP) Work Permit Application from the principal applicant prior to August 01, 2014, but the authorities only approve this application on or after August 01, 2014
A transitional provision does not apply.
- Definition of a Dependent Child: Use the new definition
- Age Lock-in Date: The age lock-in date is the date on which Immigration, Refugees and Citizenship Canada (IRCC) received the initial work permit under the Live-in Caregiver Program (LCP) [R25.1 (5)]
- The Impact: Officers can process a child as a dependent if, on the date on which Quebec receives the group undertaking application, the child is:
- Under 19 years of age and single or,
- Aged 19 years or above and dependent on a parent because of a physical or mental condition
- Sample Scenario C
- In December 2013, the visa office receives an Application for an initial work permit under the Live-in Caregiver Program (LCP) from a foreign national
- The applicant has two children who, at the time Immigration, Refugees and Citizenship Canada (IRCC) received the application, were:
- Of the ages of 19 and 14 years and,
- Living abroad
- Immigration, Refugees and Citizenship Canada (IRCC) issues the principal applicant an initial work permit under the Live-in Caregiver Program (LCP) on September 22, 2014
- The principal applicant submits an Application for Permanent Residence (APR) on July 02, 2018, which includes the details of both the children
- Immigration, Refugees and Citizenship Canada (IRCC) had approved the initial work permit under the Live-in Caregiver Program (LCP) in September 2014 i.e. after August 01, 2014, hence:
- A transitional provision does not apply and,
- The officers would apply the new definition of a dependent child
- The officers would not process the elder child’s application as a dependent because the age lock-in date is effective on the date Immigration, Refugees and Citizenship Canada (IRCC) received the application for the initial work permit under the Live-in Caregiver Program (LCP) for the principal applicant and on that date, the child was not below 19 years of age i.e. the elder child was 19 on the age lock-in date
- The officers process the younger child’s application as a Type A dependent because on the date Immigration, Refugees and Citizenship Canada (IRCC) received the application for the initial work permit under the Live-in Caregiver Program (LCP) – the age lock-in date, the younger child was:
- Under 19 years of age
- Unmarried and,
- Not in a common-law relationship
- Dependent children could benefit from a transitional provision at the Application for Permanent Residence (APR) stage by remaining unmarried and not entering into a common-law relationship, if these were requirements specified for meeting the pre-amendment definition
Scenario D: Immigration, Refugees and Citizenship Canada (IRCC) receives an Initial Live-in Caregiver Program (LCP) Work Permit Application from the principal applicant after August 01, 2014
A transitional provision does not apply.
- Definition of a Dependent Child: Use the new definition
- Age Lock-in Date: The age lock-in date is the date on which Immigration, Refugees and Citizenship Canada (IRCC) received the initial work permit under the Live-in Caregiver Program (LCP) [R25.1 (5)]
- The Impact: Officers can process a child as a dependent if, on the date on which Immigration, Refugees and Citizenship Canada (IRCC) receives the group undertaking application, the child is:
- Under 19 years of age and single or,
- Aged 19 years or above and dependent on a parent because of a physical or mental condition
- Sample Scenario D
- On January 02, 2015, the visa office receives an Application for an initial work permit under the Live-in Caregiver Program (LCP) from a foreign national
- The applicant has a child who, at the time Immigration, Refugees and Citizenship Canada (IRCC) received the application, was:
- Aged 18 years
- Unmarried and,
- Living abroad
- Immigration, Refugees and Citizenship Canada (IRCC) issues the principal applicant an initial work permit under the Live-in Caregiver Program (LCP) on August 29, 2015
- The applicant’s child is 19 years of age at this point in time
- The principal applicant submits an Application for Permanent Residence (APR) on March 15, 2019, which includes the details of the child as well
- Immigration, Refugees and Citizenship Canada (IRCC) had approved the initial work permit under the Live-in Caregiver Program (LCP) in August 2015 i.e. after August 01, 2014, hence:
- A transitional provision does not apply and,
- The officers would apply the new definition of a dependent child
- The officers process the child’s application as a Type A dependent because on the date Immigration, Refugees and Citizenship Canada (IRCC) received the application for the initial work permit under the Live-in Caregiver Program (LCP) – the age lock-in date, the younger child was:
- Under 19 years of age
- Unmarried and,
- Not in a common-law relationship
- Dependent children could benefit from a transitional provision at the Application for Permanent Residence (APR) stage by remaining unmarried and not entering into a common-law relationship, if these were requirements specified for meeting the pre-amendment definition
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