Immigration Operational Bulletin 648 – Processing applications for permanent residence for children aged 19 to 21 as dependants under the temporary public policy – November 20, 2017

Summary

In order to support the Government of Canada’s ongoing commitment to family reunification, and following the coming into force of the new definition of a dependent child, Immigration, Refugees and Citizenship Canada (IRCC) introduced a public policy that came into force on October 24, 2017, and that enables children aged 19 to 21 to be processed as dependants, subject to applicable criteria and conditions.

Issue

Processing applications for permanent residents under the Temporary public policy regarding requests to process children aged 19 to 21 as dependants.

Background

The previous definition of a dependent child (August 1, 2014) defined a dependent child as a person who is under 19 and is not married or in a common-law relationship. Children 19 and over were not eligible to be included as dependants on their parents’ permanent residence applications or to be sponsored by their parents as dependent children under the family class, unless they were dependent based on a physical or mental condition.

A new definition of dependent child that raises the age to under 22 came into force on October 24, 2017, and applies to applications received by IRCC on or after that date.

To support the Government of Canada’s ongoing commitment to family reunification, a temporary public policy was established, effective October 24, 2017.

Instructions

Determining a child’s eligibility under the public policy

Under this temporary public policy, an eligible child is a child

• who had a pending permanent residence application or whose parent had a pending permanent residence application (in which the child was identified as additional family), either
  • on May 3, 2017, or
  • on the date that application was received, if it was received between May 3 and October 23, 2017;
• who was 19, 20 or 21 years old as of May 3, 2017, or as of the date the parent’s permanent residence application was made, if it was received between May 3 and October 23, 2017; and
• who is not a spouse or common-law partner and is not otherwise inadmissible.

For children who meet these eligibility requirements, the definition of a dependent child under section 2 of the Immigration and Refugee Protection Regulations (IRPR), as it read prior to October 24, 2017, can be waived. Also, and where applicable, section R307, in relation to fees for an examination under section 25.2 of the Immigration and Refugee Protection Act (IRPA), can be waived.

Processing of a child eligible under the public policy

Under this public policy, provided a request to apply to have the child come to Canada was submitted via the web form no later than January 31, 2018, the eligible child can be

• processed or added to an application as a dependent child if the permanent resident visa or the Confirmation of Permanent Residence (COPR) had not been issued at the time IRCC was notified via the web form; or
• sponsored as a member of the family class once the parent is granted permanent residence.

Note 1: Refugees and protected persons may add a child who was 19, 20 or 21 years old on May 3, 2017, or on the date of receipt of the parent’s application, if it was received between May 3 and October 23, 2017, as an accompanying or non-accompanying dependant to a pending application, providing they are not a spouse or common-law partner. Non-accompanying dependants can apply for permanent residence under the one-year window of opportunity provisions.

Note 2: For the purpose of this public policy, an application is considered a pending application until the applicant’s departure for Canada, if they are outside Canada, or until permanent residence has been granted, if they are in Canada.

Note 3: An application to sponsor a child who is eligible under this public policy and is 22 or over at the time of sponsorship must be received by IRCC within one year after the parent is granted permanent residence.

Instructions for applicants to submit a request to add a child as a dependent child to an application or sponsor a dependent child

Applicants must proactively submit a request to add or sponsor a child under the public policy.

IRCC will not contact applicants who have a permanent residence application in progress to offer them the option to add or sponsor a dependant.

Parents who wish to add or sponsor a dependent child should first check the IRCC web tool (“Find out if your child is a dependant”) to find out if their child qualifies. If they appear to qualify, parents are instructed to notify the Department of their intention to add or sponsor their child by submitting a request using this web form. The requests must be submitted by January 31, 2018.

Requests to add or sponsor a dependant sent directly to the office processing the principal applicant’s application are not to be accepted. In such cases, the processing office should respond to the requestor and instruct them to submit a web form request.

Following submission of the web form, the enquirer will be contacted by IRCC.

Under “Type of application/enquiry”, select “Permanent residence – Add a dependent child under public policy effective October 24, 2017 to January 31, 2018”.

Under “Information of dependent child”, complete all of the information, including the child’s name and date of birth.

Under “Your enquiry”, parents may indicate whether they are requesting to add a dependant to an ongoing application or to sponsor a dependant.

Under “Applicant information”, the requestor provides information about the parent, who is the principal applicant.

Under “Enquirer information”, information about the person filling out this web form, such as the parent or, if applicable, the authorized representative, must be entered.

Processing office instructions for notifications to add a child

The processing office reviews the principal applicant’s file and determines whether all requirements of the public policy are met (see “Determining child’s eligibility under the public policy”).

Officers must conduct a search of the principal applicant’s file to locate the additional family information form applicable to the permanent residence program under which they applied to confirm that the child was listed. If there is no evidence that the child was listed on the application, the dependant cannot be processed under the public policy. A letter should be sent to the principal applicant advising them that the child cannot be added or sponsored under the public policy.

If the processing office is not satisfied that the requirements of the public policy are clearly met, an officer sends a letter to the applicant advising them that the child is ineligible and that the principal applicant’s file has been returned to the processing queue.

If the child to be added to an application meets the requirements of the public policy, an officer will send a letter to the applicant advising them that the child is eligible for processing. This letter will include the following instructions:

• to provide a letter advising them that they are applying under the public policy;
• to submit the permanent residence processing fee for the child to be added (Note: Dependants of protected persons and refugees selected overseas do not have to pay a fee; section R307 is to be waived under the public policy);
• to have the child medically examined;
• to have the child complete and submit a Schedule A and other supporting documents required to facilitate medical, criminal and security checks;
• to revise and submit forms and supporting documents in accordance with applicable program requirements;
• that including their child in their application may result in a longer processing time, which cannot be estimated given that it varies on a case-by-case basis;
• that if the validity of medical or security checks for the principal applicants or other accompanying dependants expires in the interim, they will have to be redone;
• that a child who is deemed to be inadmissible may render the principal applicant and all other accompanying dependants inadmissible (see “What to do when an added dependant is determined to be inadmissible”);
• that where applicable, sponsors must meet program requirements, including minimum necessary income requirements, which will increase with the additional dependant, and that failure to meet these may result in the application being refused (Note: additional documentation will be required to be submitted, for some programs);
• for dependants of applicants residing or intending to reside in Quebec, to apply for and obtain a Quebec Selection Certificate (CSQ), where required (when an amended CSQ is required, officers will follow existing procedures);
• for sponsors residing in Quebec, to submit the required undertaking to the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI).

Note: In cases where the permanent residence application is close to being finalized (e.g., all checks and, if applicable, an interview, have been completed) or the visa or COPR was issued after IRCC was notified of the intention to add the child, the addition of the child is likely to significantly delay the processing of the parents. In these cases, the processing office should inform the parents that they may either send in the requested documentation to add the dependant to their application or advise IRCC that they wish to sponsor the child after they are granted permanent residence (if they choose this option, they should be advised that for children who will be older than 22 at the time of sponsorship, the parent must submit the sponsorship and permanent residence application for the child within 1 year of being granted permanent residence).

In accordance with the specific program requirements, the office processing the principal applicant’s application will process and finalize the application for the entire family: the principal applicant, any previously identified accompanying dependants and the added child.

Across all permanent residence business lines, procedures to follow upon accepting a child to be processed as an accompanying family member under the public policy will generally mirror those currently in effect for adding a dependent child to an application in progress.

Upon determining that a child requested to be added to an application meets the public policy requirements, officers will send a letter to the principal applicant to have the child complete and submit the following documents:

• IMM 0008DEP (PDF, 436 KB) Additional dependants/declaration form
• IMM 5669 (PDF, 540 KB) Schedule A: Background/Declaration
• IMM 0008-Schedule 2 (PDF, 1.91 MB)
• Proof of relationship

For family class applications in accordance with procedures currently in place, where the principal applicant or their spouse (or their dependant) advises IRCC that they have a baby, the Case Processing Centre in Mississauga (CPC-M) will send a letter (by mail or email) to the sponsor (and the co-signer, if applicable) advising them that they must continue to meet minimum necessary income requirements or, where they are exempt from that requirement, that they cannot be in receipt of social assistance for a reason other than a disability. Additionally, the letter will instruct them to complete and submit the following documents:

• an updated IMM 1344 (PDF, 568 KB) form;
• an updated IMM 5768 (PDF, 1.69 MB) form;
• an updated IMM 5748 (PDF, 1.92 MB) form.

Note: For parent and grandparent applications, the sponsors (and the co-signer) will be required to meet minimum necessary income requirements, which will be assessed based on family size, including the added dependent child.

For Express Entry economic cases, upon determining that a child requested to be added to an application meets the public policy requirements, officers will trigger a request to the principal applicant through GCMS for additional documents and information in accordance with instructions for permanent residence applications submitted electronically.

Principal applicants must meet Express Entry settlement fund requirements, where required, which will increase with the addition of a dependant.

Applicants wishing to settle in Quebec, where required under the IRPA or the IRPR (and in line with the Canada–Quebec Accord), cannot be granted permanent residence unless Quebec determines that they meet the applicable requirements of the province. Also, a revised sponsorship undertaking to Quebec is required in cases where the sponsor resides in Quebec.

For resettled refugee and protected persons cases, upon determining that a child requested to be added to an application meets the public policy requirements, officers will

• waive the permanent residence processing fee for the child;
• send a letter (by mail or email) to the principal applicant to have the child complete and submit (either by mail or email) required additional forms and supporting documents;
• for privately sponsored refugees, request a new sponsorship undertaking and settlement plan that includes the new dependant, to ensure that the sponsor is aware of and willing to cover the cost of this additional family member (if the sponsor does not agree to sponsor the additional dependant, a procedural fairness letter will be sent to the principal applicant to find a new sponsor);
• additionally, for Quebec cases, advise the MIFI and sponsors of the request to add the child under the public policy and forward them the required supporting documents (including a sponsorship undertaking to Quebec) and correspondence.

Children of refugees and protected persons

Refugees and protected persons may add a child who was 19, 20 or 21 on May 3, 2017 (or on the date of receipt of the permanent residence application, if it was received between May 3 and October 23, 2017) and who is not a spouse or common-law partner as an accompanying or non-accompanying dependant on a pending application. Non-accompanying dependants can apply for permanent residence under the one-year window of opportunity. If the parents have already become permanent residents, they may apply to sponsor eligible children.

Fees

Where applicable, the standard fee for processing an accompanying dependent child must be paid.

Where applicable, section R307, in relation to fees for an examination of circumstances under section A25.2 (resettled refugees and their dependants under the 1-year window of opportunity), is waived under this public policy.

Admissibility

Children added to pending applications under the public policy are required to be examined and must meet admissibility requirements (medical, criminal and security) in order to become permanent residents.

Note: If a child added to an application under the public policy is inadmissible, officers must contact the Immigration Program Guidance Branch for guidance.

CPC-M: instructions for processing notifications to sponsor a child

An application to sponsor a child who is eligible under this public policy and who is 22 or older at the time of sponsorship must be received by the Department within 1 year after the date their parent is granted permanent residence. Children who are under 22 at the time of sponsorship are to be processed under existing regulations.

The CPC-M should contact the processing office that processed the parent’s permanent residence application in order to review the principal applicant’s file and confirm whether all requirements of the public policy are met (see “Determining a child’s eligibility under the public policy”).

A child aged 19, 20 or 21 between August 1, 2014, and October 23, 2017, was not required to be examined as a condition of an application for permanent residence submitted by their parent during this period because they were not described by the section R2 definition of a dependent child that was in effect at that time. This means that these children sponsored as principal applicants by parents who applied for permanent residence while the old definition (under 19) was in effect will not be described as excluded dependants [paragraph R117(9)(d) and subsection R117(10)].

If the child is not eligible for the public policy as they were 22 or over on May 3, 2017, or the parent was granted permanent residence before May 3, 2017, a letter will be sent to the parents to advise them that the child does not qualify for the public policy but that there are other options available for the child. They will also be invited to visit the IRCC website to find out how someone may be eligible to immigrate to Canada.

Officers must conduct a search of the principal applicant’s file to locate the additional family information form submitted with the permanent residence application of the parent to confirm that the child was listed.

If the child was not previously listed, the dependant cannot be processed under the public policy. If the processing office is not satisfied that the requirements of the public policy are clearly met, an officer sends a letter to the applicant advising them that the child is ineligible. Where a determination cannot be made because the information provided is incomplete or it appears a mistake was made, a letter is sent providing the applicant with an opportunity to address any concerns.

Note: Children who are under 22 at the time of sponsorship (if it was submitted on or after October 24, 2017) will be processed in the usual manner under the provisions of the regulations.

Fees

Where applicable, the standard fee for sponsoring a dependent child must be paid.

Note: The processing fee for a child who is 22 or older when they are sponsored as a principal applicant (dependent child) under the public policy will be based on their age on the date that IRCC receives the complete sponsorship and permanent residence application form. Fees are not “locked in” based on when the parents applied for permanent residence.

Admissibility

Children sponsored under the public policy are required to be examined and must meet admissibility requirements (medical, criminal and security) in order to become permanent residents.

Appeals to the Immigration Appeal Division (family class)

Under subsection A63(1), persons who sponsor a member of the family class may appeal a decision not to grant a permanent resident visa to the person being sponsored.