A transitional provision applies i.e. R13 (1) (h).
- 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 April 17, 2014, the CIC received an Application for Permanent Residence (APR) from a refugee abroad
- The CIC had also received a community group sponsorship for this refugee on June 13, 2012
- 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 21 years old
- Unmarried and,
- Living elsewhere
- The CIC had received the group sponsorship application prior to October 18, 2012, 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 A dependent because on the date the CIC received the principal applicant’s Application for Permanent Residence (APR) – the age lock-in date, the child was:
- Under 22 years of age
- Unmarried and,
- Not in a common-law relationship
- Sample Scenario B (with the One-Year Window)
- On August 08, 2014, the CIC received an Application for Permanent Residence (APR) from a refugee abroad
- The CIC had also received a community group sponsorship for this refugee on October 09, 2012
- The Application for Permanent Residence (APR) includes details of the applicant’s children who, at the time the CIC received the Application for Permanent Residence (APR), were:
- Aged 19 and 17 years old
- Unmarried and,
- Living elsewhere
- The principal applicant becomes a permanent resident on December 15, 2015
- On October 14, 2016, the CIC receives an Application for Permanent Residence (APR) from both the first applicant’s children under the “One-Year Window” provision for dependents of refugees abroad specified in R141 (1) (b)
- The CIC had received the group sponsorship application prior to October 18, 2012, hence:
- A transitional provision applies and,
- The officers would apply the pre-amendment definition of a dependent child
- The officers process the children’s application as a Type B dependent because on the date the CIC received the principal applicant’s Application for Permanent Residence (APR) – the age lock-in date, both the children were:
- 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
Source: Citizenship and Immigration
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