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

Scenario A: 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 examined the circumstances of the principal applicant under a public policy prior to August 01, 2014

A transitional provision applies i.e. R13 (1) (j).

• 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) unless specified otherwise by the public policy
• 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 November 10, 2014, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from a foreign national applying under a public policy for persons in a refugee-like situation, which the authorities implemented in August 2011
    • The Application for Permanent Residence (APR) includes details of the applicant’s children who, at the time Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR), were:
      • Aged 20  and 18 years old and,
      • Unmarried
    • The circumstances of the foreign national were subject to consideration under a public policy 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 children’s application as Type A dependents 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 children were:
      • 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
    • This scenario is intended for persons in refugee-like situations, for whose benefit the Minister created a public policy prior to August 01, 2014

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 and the authorities had examined the circumstances of the principal applicant under a public policy 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 Application for Permanent Residence (APR) unless specified otherwise by the public policy [R25.1 (1)]
• 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 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 B
    • On April 14, 2015, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from a foreign national applying under a public policy for persons in a refugee-like situation, which the authorities implemented on January 02, 2015
    • 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 20  years old and,
      • Unmarried
    • The circumstances of the foreign national were subject to consideration under a public policy after August 01, 2014, hence:
      • A transitional provision does not apply and,
      • The officers would apply the new definition of a dependent child
    • The age lock-in date for the child is the date on which Immigration, Refugees and Citizenship Canada (IRCC) received the application
    • The officers would not process the 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 Permanent Residence (APR) for the principal applicant and on that date, the child was not below 19 years of age
    • However, the officers could check whether the child is eligible for applying as a principal applicant under the terms of the public policy
    • 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