Children under 22 are now dependents for immigration

In another move that opens up Canada’s immigration process, children under 22 are now considered dependents in immigration applications – whether the application is for permanent residency, a visitors visa, or other matters.

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The changes took effect on Oct. 24, 2017. Previously, only those under 19 years old were considered dependents. The change means that children of applicants between the ages of 19 and 21 now qualify as dependents.

Government has also prepared provisions for those who had submitted their permanent residency applications under the previous rules, and is allowing reconsiderations for those who had submitted their applications before Oct. 24, 2017.

Old rules required dependents to be under 19 years old

This means that if you applied for permanent residency in 2016, and your child was already 19 at the time and were not eligible to be a dependent, you can now have their status changed to qualify as a dependent. Or perhaps if you were previously unable to sponsor a child to come to Canada due to them being just overage, your child may now qualify for sponsorship.

The change is extremely positive for those trying to live, study and work in Canada, and is intended to allow families to stay together. If your child’s age was previously a barrier to your application to Immigration, Refugees and Citizenship Canada, that barrier may no longer exist if you make the right request.

For example, for permanent residency applications, there is some criteria that must be followed for those whose children would have previously been rejected from being a dependent. Some of them include:

  • Requirement that the child was 19, 20, or 21 as of May 3, 2017
  • Either the parent or child must have a permanent residence application pending on May 3, 2017
  • Child is not married nor in a common-law relationship
  • Child is not otherwise inadmissible

Call now to find out if the changes affect your application

Some of the changes can be quite confusing to understand, and how the changes affect your family can depend on what type of immigration application you have made, or are planning to make.

We can take care of all that for you. Give us a call at 250-384-0100. We provide free first-time consultations, and can usually give an indication as to whether these changes will benefit your family.

For more information on immigration in Canada, check out our immigration practice page!

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