A transitional provision applies i.e. R13 (1) (e).
- Definition of a Dependent Child: Use the pre-amendment definition
- Age Lock-in Date: The age lock-in date is the date on which the CIC received the Application for Permanent Residence (APR) [R142]
- The Impact: Officers can process a child as a dependent if, on the date on which the CIC 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 B
- On September 22, 2014, the visa office receives an Application for Permanent Residence (APR) from an applicant under the Live-in Caregiver Program (LCP)
- The Application for Permanent Residence (APR) includes details of the applicant’s child who, at the time the CIC received the Application for Permanent Residence (APR), was:
- Aged 22 years old
- Unmarried and,
- Living and studying fulltime at a university abroad with the second parent
- The principal applicant received her initial work permit under the Live-in Caregiver Program (LCP) in July 2009
- The CIC had issued the initial work permit under the Live-in Caregiver Program (LCP) in July 2009 i.e. 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 child’s application as a Type B dependent because the child has:
- Depended substantially on the financial support of the parent since before the age of 22 years and,
- Been a student continuously enrolled in and attending a post-secondary institution
- 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
Source: Citizenship and Immigration
