Dependent Child Definition

[eyedline]

Hi!

I just wanted help in giving the exact definition of a dependent child given the changes as of August 2014.

I am not fully aware of the details but basically, my aunt came to Canada through the live-in caregiver program in 2012, her daughters are both 17 at that time. She submitted her permanent residence application on December 2014 when they're already 19 but still never left school and never worked. Now, I'm unsure if they still fulfill the definition of dependent children given the changes with the transitional measure which states the following:

"Transitional measures are in place to allow certain applicants under multi-step permanent resident immigration programs who are in the immigration process before August 1, 2014, but who had not yet submitted their application for permanent residence, to have their applications completed based on the previous definition of dependent child."

I'm a bit confused.. Lol.

Thanks in advanced!!

 

[scylla]

Because they are 19 years old or over they are not classified as dependents for immigration purposes and can't be included in your aunt's application (since she submitted the application after the new rules came into place). At some point CIC is going to send a note to your aunt notifying her that her daughters are going to be removed from her application. If her daughters wish to immigrate to Canada they will have to qualify to immigrate on their own.

If your aunt had submitted her PR application BEFORE August 2014 - she would have been able to include her daughters as dependents. Because she submitted her application after August 2014 - it's too late.

 

[PMM]

Hi

Because they are 19 years old or over they are not classified as dependents for immigration purposes and can't be included in your aunt's application (since she submitted the application after the new rules came into place). At some point CIC is going to send a note to your aunt notifying her that her daughters are going to be removed from her application. If her daughters wish to immigrate to Canada they will have to qualify to immigrate on their own.

If your aunt had submitted her PR application BEFORE August 2014 - she would have been able to include her daughters as dependents. Because she submitted her application after August 2014 - it's too late.

Sorry scylla, the Aunt would be covered under the transitional arrangements, so her children's age would be locked in at the time she received her LCP Work Permit. Operational Bulletin 588

3.1.5 Live-in caregivers

Live-in caregivers come to Canada on an initial work permit issued under the Live-in Caregiver Program (LCP). Generally, they arrive unaccompanied by their children, but almost all apply for permanent residence with the intention of reuniting with them by the time they qualify to apply for permanent residence. Although some live-in caregivers may be eligible to apply for permanent residence as early as two years after their arrival on work permits, it is not unusual for them to require up to four years to meet the requirements.

Under transitional provisions, children of applicants whose complete initial work permit application under the LCP was received before August 1, 2014 are to be assessed by CIC using the pre-amendment definition of dependent child, even if their complete APR is received by CIC on or after August 1, 2014. Pre-amendment lock-in procedures are to be applied—i.e., the age of the child is locked in on the date on which CIC receives the APR from the principal applicant.
Other APRs not covered by transitional provisions: The new definition of dependent child should be applied.
New lock-in date: The lock-in date for the age of a child of an applicant under the LCP is the date on which CIC approves the application for the initial work permit as a live-in caregiver from the principal applicant [R25.1(5)].

 

[eyedline]

Ah! Thought so though I can't be certain so I posted and checked before telling them as I don't want to cause unnecessary "panic".

Anyway, thanks for responding!

 

[ash1219]

any news about the dependent child over 19? did they get approved to come to canada?