Canada Narrows Definition of “Dependent Child” in Canadian Immigration Legislation

The following alert is directed to organizations with a presence in Canada or who anticipate the need to place talent at a Canadian work site.

Seyfarth Shaw’s Global Mobility Practice hosts attorneys licensed to practice in the UK, Canada, and Germany.  The group has the capability to assist clients with obtaining work and residence visas for over 70 jurisdictions around the world.  If we can assist you in placing talent, please call your Seyfarth attorney.  We will be happy to help you.

Effective immediately, the Canadian Government announced a new definition of “Dependent Child” that may impact applicants intending to immigrate temporarily or permanently to Canada with accompanying children.

There are two significant changes to the definition of “Dependent Child”:

• Reducing the basic age limit for a dependent child from under 22 years of age to under 19 years of age; and
   
• Eliminating the eligibility for older children enrolled in full-time studies to be considered dependents. 
   
• As with the prior definition of “dependent child,” children who are married or in a common-law relationship will not qualify for dependent status.  In addition, children with physical or mental conditions that prevent them from being able to financially support themselves will continue to be considered as dependents.
   
• Children over the age of 19 intending to immigrate to Canada must now qualify on their own merits for immigration, unless transitional provisions apply.

Transitional Provisions

Citizenship and Immigration Canada (CIC) put in place temporary transitional provisions for permanent residency applications to mitigate the impact of the new definition of dependent child. The transitional provisions predominantly apply to cases in multiple-step permanent resident immigration programs in which preliminary processes are underway by August 1, 2014, but the application for permanent residence (APR) has not yet been submitted to CIC. 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.  To benefit from a transitional provision at the APR stage, dependent children must not be married or in a common-law relationship.

No such transitional provisions exist for non-immigrant applications such as work permit applications or temporary resident visas.