Annex C: The Scenarios Applicable for Persons in Quebec in Distressful Situations

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) (b).

• Definition of a Dependent Child: Use the pre-amendment definition
• Age Lock-in Date: The age lock-in date is the date on which Quebec received the application for a Certificat de sélection du Québec i.e. CSQ – Quebec Selection Certificate (CSQ) from the principal applicant [Section 5.24 of OP 1]
• The Impact: Officers can process a child as a dependent if, on the date on which Quebec received the application for a Certificat de sélection du Québec (CSQ) 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 June 30, 2014, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from an applicant that Quebec deemed to be in a distressful situation
    • 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 and,
      • Unmarried
    • The application includes a Certificat de sélection du Québec i.e. CSQ – Quebec Selection Certificate (CSQ) for the principal applicant and the principal applicant’s child
    • Immigration, Refugees and Citizenship Canada (IRCC) begins processing the application after August 01, 2014
    • Quebec had received the Certificat de sélection du Québec (CSQ) application from the principal applicant prior to August 01, 2014, hence:
      • A transitional provision applies and,
      • The officers would apply the pre-amendment definition of a dependent child
    • The applicable lock-in date is the date on which the principal applicant applied to Quebec for a Certificat de sélection du Québec (CSQ)
    • Quebec had issued a Certificat de sélection du Québec (CSQ) to the child as the child was under 22 years of age
    • The officers process the child’s application as a Type A dependent because on the date Quebec received the principal applicant’s Certificat de sélection du Québec (CSQ) application – 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 principal applicant had applied for a Certificat de sélection du Québec (CSQ) prior to August 01, 2014

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

• Definition of a Dependent Child: Use the pre-amendment definition
• Age Lock-in Date: The age lock-in date is the date on which Quebec received the application for a Certificat de sélection du Québec i.e. CSQ – Quebec Selection Certificate (CSQ) from the principal applicant [Section 5.24 of OP 1]
• The Impact: Officers can process a child as a dependent if, on the date on which Quebec received the application for a Certificat de sélection du Québec (CSQ) 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 25, 2014, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from an applicant that Quebec deemed to be in a distressful situation
    • 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 and,
      • Unmarried
    • The application includes a Certificat de sélection du Québec i.e. CSQ – Quebec Selection Certificate (CSQ) for the principal applicant and the principal applicant’s child
    • Quebec had received the Certificat de sélection du Québec (CSQ) application from the principal applicant prior to August 01, 2014, hence:
      • A transitional provision applies and,
      • The officers would apply the pre-amendment definition of a dependent child
    • The applicable lock-in date is the date on which the principal applicant applied to Quebec for a Certificat de sélection du Québec (CSQ)
    • At the time Quebec had issued a Certificat de sélection du Québec (CSQ) to the child, the child was under 22 years of age i.e. 21 years old
    • The officers process the child’s application as a Type A dependent because on the date Quebec received the principal applicant’s Certificat de sélection du Québec (CSQ) application – 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 C: Quebec receives a Certificat de sélection du Québec (CSQ) application from the principal applicant on or after August 01, 2014. The principal applicant submits an Application for Permanent Residence (APR) to the Immigration, Refugees and Citizenship Canada (IRCC) after Quebec approves the Certificat de sélection du Québec (CSQ)

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 Quebec received the application for a Certificat de sélection du Québec (CSQ) [R25.1 (2)]
• The Impact: Officers can process a child as a dependent if, on the date on which Quebec receives the Certificat de sélection du Québec (CSQ) 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
    • On September 01, 2014, Quebec receives a Certificat de sélection du Québec (CSQ) application from an applicant that Quebec deemed to be in a distressful situation
    • Quebec approves the Certificat de sélection du Québec (CSQ) on January 01, 2015
    • On December 22, 2015, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from the principal applicant
    • 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 19 years old
    • The application includes a Certificat de sélection du Québec i.e. CSQ – Quebec Selection Certificate (CSQ) for the principal applicant and the principal applicant’s child
    • Immigration, Refugees and Citizenship Canada (IRCC) had received the Application for Permanent Residence (APR) after August 01, 2014, hence:
      • A transitional provision does not apply and,
      • The officers would apply the new definition of a dependent child
    • The child became 19 years old on July 30, 2015
    • The officers process the child’s application as a Type 1 dependent because on the date Quebec received the principal applicant’s Certificat de sélection du Québec (CSQ) application – the age lock-in date, the child was:
      • Under 19 years of age
    • 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