Scenario A: Immigration, Refugees and Citizenship Canada (IRCC) receives an application for a Permanent Resident Card (PRC) or a Permanent Resident Travel Document (PRTD) prior to August 01, 2014
The Applicable Definition of a Child in R61 (6): Use the pre-amendment definition
For the purposes of subparagraphs 28 (2) (a) (ii) and (iv) of the Act, a child denotes a child of a parent referred to in those paragraphs who:
- Is less than 22 years of age
- Is not and never has been a spouse or a common-law partner
The Impact
Officers can process a child for a Permanent Resident Card (PRC) or a Permanent Resident Travel Document (PRTD) if, on the date on which Immigration, Refugees and Citizenship Canada (IRCC) receives the application, the child:
- Meets the residency requirements based on the time spent accompanying an eligible parent abroad and,
- Meets the pre-amendment definition of R61 (6)
Sample Scenario A
- On June 19, 2014, Immigration, Refugees and Citizenship Canada (IRCC) receives an application for a Permanent Resident Card (PRC) or a Permanent Resident Travel Document (PRTD) from an applicant who, at the time Immigration, Refugees and Citizenship Canada (IRCC) received the application, was:
- Aged 21 years old
- Unmarried
- Not in a common-law relationship and,
- Residing with an eligible parent for the five years before applying, outside Canada
- The authorities process the application on August 02, 2014, based on the five-year period before Immigration, Refugees and Citizenship Canada (IRCC) receives the application
- The authorities count the days before August 01, 2014, as days that meet the residency requirement
- The authorities would include the time spent accompanying an eligible parent before reaching the age of 22 years when assessing the residency of the individual because on the date Immigration, Refugees and Citizenship Canada (IRCC) received the application, the applicant was:
- Below 22 years of age
- Unmarried and,
- Not in a common-law relationship
- Therefore, the applicant would meet the residency requirement and receive the credit for five years, in the five years before the application
Scenario B: Immigration, Refugees and Citizenship Canada (IRCC) receives an application for a Permanent Resident Card (PRC) or a Permanent Resident Travel Document (PRTD) on or after August 01, 2014
The Applicable Definition of a Child in R61 (6): Use the new definition
For the purposes of subparagraphs 28 (2) (a) (ii) and (iv) of the Act, a child denotes a child of a parent referred to in those paragraphs who:
- Is less than 19 years of age
- Is not and never has been a spouse or a common-law partner
The Impact
Officers can count the time spent accompanying an eligible parent prior to August 01, 2014, if the applicant was under the age of 22 years during that time. Similarly, officers would only count the time spent accompanying an eligible parent on or after August 01, 2014, if the applicant was under the age of 19 years during that time.
Sample Scenario B
- On August 15, 2014, Immigration, Refugees and Citizenship Canada (IRCC) receives a package from an eligible parent applying for Permanent Resident Cards (PRCs) or Permanent Resident Travel Documents (PRTDs) for:
- The parent
- An elder child of the 21 years and,
- A younger child of the age of 18 years
- The younger child meets the prescribed residency requirements
- The authorities credit the elder child with time before August 01, 2014, spent accompanying the eligible parent because the elder child was under 22 years of age before August 01, 2014
- The elder child does not receive the credit for the days between August 01, 2014 and the date of application, as the elder child was over 19 years of age during that period
- For meeting the residency requirements, the elder child would need to have accumulated at least 730 days accompanying an eligible parent prior to August 01, 2014
