{"id":15445,"date":"2016-12-29T19:02:20","date_gmt":"2016-12-29T19:02:20","guid":{"rendered":"https:\/\/immigrationca.staging.wpengine.com\/annex-g-the-scenarios-applicable-for-in-canada-refugee-claimants-who-are-now-applying-for-permanent-residence-as-protected-persons\/"},"modified":"2021-05-16T22:57:43","modified_gmt":"2021-05-17T02:57:43","slug":"annex-g-the-scenarios-applicable-for-in-canada-refugee-claimants-who-are-now-applying-for-permanent-residence-as-protected-persons","status":"publish","type":"post","link":"https:\/\/immigration.ca\/fr\/annex-g-the-scenarios-applicable-for-in-canada-refugee-claimants-who-are-now-applying-for-permanent-residence-as-protected-persons\/","title":{"rendered":"Annex G: The Scenarios Applicable for in-Canada Refugee Claimants who are Now Applying for Permanent Residence as Protected Persons"},"content":{"rendered":"<p><u>Scenario A: Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from the principal applicant prior to August 01, 2014<\/u><\/p>\n<p>A transitional provision applies.<\/p>\n<ul>\n<li><strong>Definition of a Dependent Child:<\/strong> Use the pre-amendment definition<\/li>\n<li><strong>Age Lock-in Date:<\/strong> The age lock-in date is the date on which Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR)<\/li>\n<li><strong>The Impact:<\/strong> 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:\n<ul>\n<li>Under 22 years of age and single<\/li>\n<li>Aged 22 years or above AND a fulltime student dependent on a parent or,<\/li>\n<li>Aged 22 years or above and dependent on a parent because of a physical or mental condition<\/li>\n<li>Officers would need to refer to the entire pre-amendment definition of a dependent child<\/li>\n<li><strong>Sample Scenario A<\/strong>\n<ul>\n<li>On July 21, 2014, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from a foreign national, who submitted a refugee claim in Canada and received protected person status<\/li>\n<li>The Application for Permanent Residence (APR) includes details of the applicant\u2019s child who, at the time Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR), was:\n<ul>\n<li>Aged 20 years old and,<\/li>\n<li>Unmarried<\/li>\n<\/ul>\n<\/li>\n<li>Immigration, Refugees and Citizenship Canada (IRCC) had received the referral prior to August 01, 2014, hence:\n<ul>\n<li>A transitional provision applies and,<\/li>\n<li>The officers would apply the pre-amendment definition of a dependent child<\/li>\n<\/ul>\n<\/li>\n<li>The officers process the child\u2019s application as a Type A dependent because on the date Immigration, Refugees and Citizenship Canada (IRCC) received the principal applicant\u2019s Application for Permanent Residence (APR) \u2013 the age lock-in date, the child was:\n<ul>\n<li>Under 22 years of age<\/li>\n<li>Unmarried and,<\/li>\n<li>Not in a common-law relationship<\/li>\n<\/ul>\n<\/li>\n<li>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<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<p><u>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 they had made a claim for refugee protection in Canada prior to August 01, 2014 and had acquired protected person status before or after August 01, 2014<\/u><\/p>\n<p>A transitional provision applies i.e. R13 (1) (f).<\/p>\n<ul>\n<li><strong>Definition of a Dependent Child:<\/strong> Use the pre-amendment definition<\/li>\n<li><strong>Age Lock-in Date:<\/strong> The age lock-in date is the date on which Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR) [R142]<\/li>\n<li><strong>The Impact:<\/strong> 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:\n<ul>\n<li>Under 22 years of age and single<\/li>\n<li>Aged 22 years or above AND a fulltime student dependent on a parent or,<\/li>\n<li>Aged 22 years or above and dependent on a parent because of a physical or mental condition<\/li>\n<li>Officers would need to refer to the entire pre-amendment definition of a dependent child<\/li>\n<li><strong>Sample Scenario B<\/strong>\n<ul>\n<li>On May 11, 2011, a foreign national made a refugee claim to the local Immigration, Refugees and Citizenship Canada (IRCC) office in Calgary<\/li>\n<li>This individual had an 18-year old child residing with the individual in Canada<\/li>\n<li>The authorities have deemed the individual to be a Convention refugee on December 01, 2013<\/li>\n<li>On August 06, 2014, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) package from this individual<\/li>\n<li>The Application for Permanent Residence (APR) includes details of the applicant\u2019s child who, at the time Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR), was:\n<ul>\n<li>Aged 21 years old<\/li>\n<li>Unmarried and,<\/li>\n<li>Not in a common-law relationship<\/li>\n<\/ul>\n<\/li>\n<li>The individual had made a refugee claim in Canada and had received the status of a Convention refugee prior to August 01, 2014, hence:\n<ul>\n<li>A transitional provision applies and,<\/li>\n<li>The officers would apply the pre-amendment definition of a dependent child<\/li>\n<\/ul>\n<\/li>\n<li>The officers process the child\u2019s application as a Type A dependent because on the date the parent had made a refugee claim in Canada and had received the status of a Convention refugee \u2013 the age lock-in date, the child was:\n<ul>\n<li>Under 22 years of age<\/li>\n<li>Unmarried and,<\/li>\n<li>Not in a common-law relationship<\/li>\n<\/ul>\n<\/li>\n<li>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<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<p><u>Scenario C: The principal applicant makes an in-Canada refugee claim on or after August 01, 2014. The applicants acquire protected person status and submit an Application for Permanent Residence (APR) thereafter<\/u><\/p>\n<p>A transitional provision does not apply.<\/p>\n<ul>\n<li><strong>Definition of a Dependent Child:<\/strong> Use the new definition<\/li>\n<li><strong>Age Lock-in Date:<\/strong> The age lock-in date is the date on which the applicants made the refugee claim\u00a0 [R25.1 (9)]<\/li>\n<li><strong>The Impact:<\/strong> Officers can process a child as a dependent if, on the date on which the province or territory receives the nomination application from the principal applicant, the child is:\n<ul>\n<li>Under 19 years of age and single or,<\/li>\n<li>Aged 19 years or above and dependent on a parent because of a physical or mental condition<\/li>\n<li><strong>Sample Scenario C<\/strong>\n<ul>\n<li>On September 02, 2014, a foreign national arrives at a port of entry and submits a refugee claim<\/li>\n<li>The foreign national obtains protected person status subsequently and submits an Application for Permanent Residence (APR)<\/li>\n<li>The Application for Permanent Residence (APR) includes details of the applicant\u2019s child who, at the time Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR), was:\n<ul>\n<li>Aged 19 years old and,<\/li>\n<li>Unmarried<\/li>\n<\/ul>\n<\/li>\n<li>The principal applicant had made an in-Canada refugee claim after August 01, 2014, hence:\n<ul>\n<li>A transitional provision does not apply and,<\/li>\n<li>The officers would apply the new definition of a dependent child<\/li>\n<\/ul>\n<\/li>\n<li>The officers would not process the child\u2019s application as a dependent because the age lock-in date is effective on the date the principal applicant made a refugee claim and on that date, the child was not below 19 years of age<\/li>\n<li>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<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>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. 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)&hellip;<\/p>\n","protected":false},"author":481,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[5552,4396,4901],"tags":[],"class_list":["post-15445","post","type-post","status-publish","format-standard","hentry","category-2016-2-fr","category-c36-home-fr","category-c146-operational-bulletins-fr","category-5552","category-4396","category-4901","description-off"],"acf":[],"_links":{"self":[{"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/posts\/15445","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/users\/481"}],"replies":[{"embeddable":true,"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/comments?post=15445"}],"version-history":[{"count":0,"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/posts\/15445\/revisions"}],"wp:attachment":[{"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/media?parent=15445"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/categories?post=15445"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/tags?post=15445"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}