NEW RULES RAISING THE AGE LIMIT UNTIL A CHILD IS REGARDED AS DEPENDENT

NEW RULES RAISING THE AGE LIMIT UNTIL A CHILD IS REGARDED AS DEPENDENT.

The Government of Canada has changed the definition of the age of dependants from “under 19” to “under 22,” fulfilling a key mandate commitment of the Minister of Immigration, Refugees and Citizenship. This change will help more immigrant families stay together.  Under the new rules, children are still perceived as dependents beyond the age of 22 if they rely on their parents’ support due to physical or mental disabilities.  However, the new rules have not reactivated the old provision according to which they remain dependents until they finish their studies.

This change applies to all new applications received by Immigration, Refugees and Citizenship Canada (IRCC) on or after October 24, 2017.

To help even more families stay together, the government has introduced a public policy that would allow for the addition or sponsorship of some children whose parents had existing applications in process on May 3, 2017, or who have applied since that time.  Based on public policy consideration sa permanent residence application for a child can be made if the:

  1. Child was 19, 20, or 21 as of May 3, 2017 (the date of final publication of the regulatory amendment) or as of date the parent’s permanent residence application was made, if received on or after May 3, 2017 and before October 24, 2017;
  2. Parent or child had a permanent residence application that was either pending on May 3, 2017 or was received on or after May 3, 2017 and before October 24, 2017 (the child must have been previously identified as “additional family” on their parent’s application);
  3. Child is not a spouse/common-law partner; and,
  4. Child is not otherwise inadmissible.

The child can be:

  1. Processed or added to an application (as a dependent child) if the permanent resident visa or Confirmation of Permanent Residence (COPR) had not been issued at the time the Department was notified of the intention to add the child; OR
  2. Sponsored as a member of the Family Class once the parent is granted permanent residence.

Refugees and protected persons may add a child who was 19, 20, or 21 on May 3, 2017 and (not a spouse/common-law partner) as an accompanying or non-accompanying dependant on a pending application; non-accompanying dependants would be able to apply for permanent residence within the one-year window.

An application to sponsor a child who is eligible under this public and is 22 or over at time of sponsorship, must be received by the Department within one year after their parent is granted permanent residence. Children who are under 22 at time of sponsorship will be processed under the regular sponsorship regulations.

Parents who wish to apply for their child to come to Canada must notify the Department of their intention to do so by January 31, 2018, in accordance with instructions provided by the department.

For the purposes of this public policy, an application is considered to be pending up until the applicant’s departure for Canada if they are outside Canada OR until permanent residence has been granted if the applicant is in Canada.

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