Modification of the statutory definition of dependent child in Canada

 

As of August 1, 2014, the Government of Canada, modified the definition of “dependent child” in the Immigration and Refugee Protection Regulations.

As of August 1, 2014, the Government of Canada, modified the definition of “dependent child” in the Immigration and Refugee Protection Regulations.

A dependent child shall be considered:

  • a child who is less than 19 years of age and not a spouse or de facto spouse;
  • a child who is 19 years of age or older and has, since the age of 19, been unable to meet their needs and is dependent on the financial support of their parents due to a physical or mental condition.

Consequently, children who are studying full time, and are 19 years of age or older, can no longer be considered dependent children, effective August 1, 2014.
Lock In Date
For all permanent resident applications except those submitted under Quebec economic programs, CIC locks in the age of a dependent child at the date that CIC receives a complete application for permanent residence. A complete application is one that is made in writing using the form provided by the Department, signed by the applicant, including all information and documentation required by the Regulations and other evidence required by the Act as well as evidence of payment of the applicable fee (see section 10 of the Regulations).
For Quebec economic applicants, who must obtain a Certificat de sélection du Québec (CSQ) from the province prior to being able to submit a permanent resident application to CIC, the age of any dependent person is locked in at the date Quebec receives the CSQ application.
Transitional provision for applications submitted before August 1, 2014
Applications for a Certificat de sélection du Québec or undertaking that were submitted to the Ministère before August 1, 2014 will be reviewed based on the definition of “dependent child” in effect prior to the modification. The date of receipt of the application, stamped by our services, shall serve as proof. This provision pertains to the following applications:

  • Applications under the economic immigration class (skilled workers and businesspeople)
  • Applications submitted abroad by foreign nationals who are in a particularly distressful situation, with the exception of refugees
  • Undertaking applications for collective sponsorship

Citizenship and Immigration Canada will determine if the child can be considered a dependent child for applications submitted under one of the following classes:

  • Family class
  • Refugees recognized in Canada and the members of their family abroad, and government-assisted refugees
  • Foreign nationals whose application for permanent residence is being processed in Canada