How New Children Dependency Policies Affect Your Canada Immigration Application?

Canada immigration candidates may be able to add or sponsor a dependent child who did not qualify under the age of dependency rules at the time of their application, but now qualify following a recent change in the age of dependency rules.

Canada raised the age of dependency for immigration applications from ‘under 19’ to ‘under 22’ with effect from October 24, 2017. This meant that 19, 20 and 21-year-olds could be included as dependents on immigration applications from that date.

Furthermore, Canada also introduced a temporary public policy to allow candidates who had already submitted applications to add newly qualified dependents to those applications. Where the candidate has already been granted permanent residence, the newly-qualified dependent can be sponsored as a member of the family class.

The temporary public policy applies to all immigration applications, including refugees.

1) Who Does the Temporary Public Policy Apply To?

• Children of main applicants who were 19, 20 or 21 as of May 3, 2017.
• Children of main applicants who were 19, 20, or 21 on the date the application was received, if received between May 3 and October 23, 2017.

2) Who Does Not Qualify Under the Temporary Public Policy?

• The child must have been identified as an ‘additional family member’ on the original application. Any children not identified as additional family members are not eligible under the temporary public policy.
• Children aged 19, 20 and 21 who are spouses or common law partners do not qualify under the temporary public policy.
• Children who are inadmissible for other reasons, such as criminality, partners do not qualify under the temporary public policy.

3) What If the Candidate Has Already Been Issued Permanent Residence?

• Candidates with applications for permanent residents still pending can apply to have newly qualified dependents added to their application.
• Candidates who have already been issued permanent residence can sponsor their child as a family class immigrant

4) What If the Dependent Has Since Turned 22?

• Provided the dependent meets the requirements stipulated in question (1), they are eligible under the temporary public policy.
• Applications to sponsor a newly qualified dependent who is 22 years or over at the time of sponsorship must be received within one year after the parent receives permanent residence.

5) How Long Does the Temporary Public Policy Last?

• Applications to add or sponsor a child under the temporary public policy should be received by January 31, 2018.

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About the Author:

Colin R. Singer is immigration counsel for www.immigration.ca since 1994 and Managing Partner of Global Recruiters of Montreal. He is one of Canada's foremost senior corporate immigration attorneys. Colin is internationally recognized as an experienced and recommended authority on Canadian immigration and foreign recruitment. In addition to being a licensed human resources professional, he is a licensed Canadian lawyer in good standing with the Quebec Law Society for more than 25 years and is authorized by the Canadian government in all immigration matters.

Colin's persona on social media, one of the most recognized in the industry, includes the largest compilation of independently produced curated audio content on Canada's immigration policies. A multiple award-winning author on Mondaq, a global leading aggregator of legal, financial and regulatory information from more than 85 countries, his opinions on federal and provincial government immigration policies in Canada are often referenced by national news media, government and industry stakeholders.

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