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New rules for “dependent child” as of August 1

Currently, in the context of Canadian immigration law, a “dependent child” is not only the biological or adopted offspring of an applicant. He or she must meet the following criteria:

  • Under the age of 22 and not married or in a common-law relationship;
  • Reliant on the financial support of his/her parent(s) before turning 22 and unable to support him/herself due to a mental or physical condition; or
  • Reliant on the financial support of his/her parent(s) and studying as a full-time student since before 22 or since becoming a spouse or common-law partner.

Immigrants

As of August 1, 2014, the Canadian government will redefine who can immigrate to Canada as a dependent child.

From that date forward, the classification of dependent children will be narrowed to individuals 19 years of age or younger. The new definition will also eliminate the exemption that existed for full-time students who are financially dependent on their parents. In cases of dependency due to mental or physical condition, such dependency must have existed since before the age of 19 and must continue through the entire application process.

The changes will affect all applications made under the Immigration and Refugee Protection Regulations (IRPR) for families with dependents. This includes all work permit applications as well as applications under the Federal Skilled Worker Program, the Federal Skilled Trades Program, various Provincial Nominee Programs and other permanent residency applications.

The processing fee for all dependent children will now be $150. 

Applying for Immigration with Dependent Children:

The new regulations do not go into effect until August 1, so there is still time to benefit from the current rules. Individuals hoping to immigrate with children over the age of 19 must apply before this date to ensure that their children will be considered for immigration to Canada.

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