Change in the Definition of a Dependent Child

Operational Bulletin 588 (Modified) – December 13, 2016

Summary

This Operational Bulletin (OB) provides operational guidance to officers belonging to Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA). This guidance pertains to the regulatory amendments aimed at introducing a new definition of ‘dependent child’ to section 2 of the Immigration and Refugee Protection Regulations (IRPR). The new definition had come into force from August 01, 2014.

It is worth highlighting that with effect from August 01, 2014, the new definition of ‘dependent child’ became applicable across all Immigration, Refugees and Citizenship Canada (IRCC) lines of business. This included those dealing with temporary residents.

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 Regulatory Amendments

• The New Procedures Applicable
  • The Impact of the Amended Definition, Transitional Provisions and Lock-in Procedures on Specific Permanent Resident Programs
  • The Impact of the Amended Definition on the Processing of Family Class Sponsorship Applications
  • The Procedures for Sponsorship Applications Including Children Received after August 01, 2014
  • Temporary Residents
  • The Age Lock-in Dates by Immigration Program and Category

• 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)
• 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 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 K: The Scenarios Applicable for Applicants for Permanent Resident Cards (PR Cards) and Permanent Resident Travel Documents (PRTDs)
• Annex L: Permanent Resident Fees Applicable for Dependent Children