Regulatory amendments made to the definition of a dependent child do not include any transitional provisions for temporary resident business lines. Therefore, the authorities would need to apply the new definition of a dependent child in situations where they need to determine whether the child is a dependent of a temporary resident applicant. This process has come into effect on August 01, 2014.
Immigration, Refugees and Citizenship Canada (IRCC) would need to apply the pre-amendment definition of a dependent child for temporary resident applications received prior to August 01, 2014, but processed on or after that date. Immigration, Refugees and Citizenship Canada (IRCC) considers the date of receipt of a temporary resident application submitted on paper as the day:
- They postmark an application in Canada or,
- The designated Immigration, Refugees and Citizenship Canada (IRCC) intake office gives a date stamp to an application overseas
In the case of applications received electronically, Immigration, Refugees and Citizenship Canada (IRCC) would consider the date of receipt to be the date of submission of the application. These dates equate to the date “an application is made”. This is in accordance with the Regulations.
Situations might arise where children do not qualify for processing as dependents of principal applicants. In this scenario, the officers would need to determine whether children aged 19 years or above are eligible for temporary resident status or not. This is so because these children might meet the applicable requirements independently.
