Transitional provision for applications received before August 1, 2014

This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.

All permanent residence applications received by IRCC before August 1, 2014, are assessed using the pre-amendment definition of dependent child.

In addition, certain permanent residence applications received on or after August 1, 2014, will be assessed using the pre-amendment definition of dependent child where transitional provisions apply specific to the applicable permanent resident program or category.

A child whose age is locked in under the pre-amendment definition must meet the conditions specified in this definition for the duration of processing, up until the point of becoming a permanent resident.

Transitional provisions apply to cases in multiple-step permanent resident immigration programs where preliminary processes are under way by August 1, 2014, but the application for permanent residence (APR) has not yet been submitted to IRCC. This will allow applicants who have already initiated their immigration process before August 1, 2014, to complete this process under the pre-amendment definition of dependent child.

For applications received before August 1, 2014 and subject to a transitional provision: Dependent child over 22 years of age who is a spouse or common-law partner and a full-time student

Since before the age of 22 or, if married or a common-law partner before the age of 22, since becoming a spouse or common-law partner they have been:

  • substantially dependent for financial support on their parents; and
  • continuously enrolled and actively pursuing a course of study at an accredited post-secondary institution as a full-time student when the application is received by CPC-M and when the visa is issued.

Without taking into account their age, this applies when the application is received and when a visa is issued and when permanent residence is granted and/or a decision on the application for permanent residence is entered into GCMS.

For applications received before August 1, 2014 and subject to a transitional provision: Dependent child over 22 years of age who is a full- time student

Since before the age of 22 they have been:

  • substantially dependent for financial support on either parent (including non-sponsoring parent); and
  • continuously enrolled and actively pursuing a course of study at an accredited post-secondary institution as a full-time student.

This applies when the application is received and when a visa is issued and when permanent residence is granted and/or a decision on the application for permanent residence is entered into GCMS.

Dependent child of a dependent child

Is the dependent child of an accompanying dependent child [R70(5)] when the application is received and when a visa is issued and when permanent residence is granted and/or a decision on the application for permanent residence is entered into GCMS.

Parent and grandparent cases where just a sponsorship application was submitted before November 5, 2011

Effective July 11, 2011, all applications to sponsor parents and grandparents (PGPs) must be submitted jointly with the application for permanent residence. Before that date, it was necessary for two applications to be submitted: 1) a sponsorship application; and 2) a permanent residence application which could be submitted separately, at a later date. On November 5, 2011, a temporary pause on the intake of family class applications under the PGP category was introduced. These measures resulted in an inventory of PGP sponsorship applications with no accompanying APRs. IRCC will request permanent residence applications for these cases as they come up for processing.

Under transitional provisions, children of parent and grandparent applicants for whom a sponsorship application was received before August 1, 2014, are to be assessed by IRCC using the pre-amendment definition of dependent child even if their complete application for permanent residence is received by IRCC on or after August 1, 2014. Apply pre-amendment lock-in procedures—i.e. the age of the child is locked in on the date IRCC receives the sponsorship application.

Note: Apply the pre-amendment definition of dependent child to any of the following parent and grandparent applications:

  • those for which a sponsorship application was received before November 5, 2011
  • those received under the cap imposed in January 2014
  • those received under the Temporary Public Policy to Accept for Processing Certain Family Class Sponsorship Applications for Parents and Grandparents [R25.2(1)]

Other APRs: Assess all other parent and grandparent applications received on or after August 1, 2014, using the new definition of dependent child. The lock-in date for the age of a child is the date on which a complete sponsorship and APR are jointly received by IRCC.

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