Increasing the Maximum Age of Dependent Children under the IRPR (SOR/2017-60)

Policy effect

Amends the definition of 'dependent child' in section 2 of the Immigration and Refugee Protection Regulations (IRPR) by raising the maximum age limit from 'less than 19 years of age' to 'less than 22 years of age' (with corresponding adjustments to sponsorship undertakings, fee schedules, and residency obligations), allowing young adults aged 19 to 21 to qualify as dependants in family sponsorship and economic/refugee applications. Phase scope: Applies to permanent resident and sponsorship applications submitted on or after October 24, 2017.

Conditions and exceptions

Validated condition or limit: Amends the definition of 'dependent child' in section 2 of the Immigration and Refugee Protection Regulations (IRPR) by raising the maximum age limit from 'less than 19 years of age' to 'less than 22 years of age' (with corresponding adjustments to sponsorship undertakings, fee schedules, and residency obligations), allowing young adults aged 19 to 21 to qualify as dependants in family sponsorship and economic/refugee applications.; Phase scope: Applies to permanent resident and sponsorship applications submitted on or after October 24, 2017.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Regulations Amending the Immigration and Refugee Protection Regulations (Age of Dependent Children) Amendments 1 Subparagraphs (b)(i) and (ii) of the definition dependent child in section 2 of the Immigration and Refugee Protection Regulations (see footnote 1) are replaced by the following: (i) is less than 22 years of age and is not a spouse or common-law partner, or (ii) is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially self-supporting due to a physical or mental condition. (enfant à charge) 2 Subsection 61(6) of the Regulations is replaced by the following: Child (6) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act, child means a child who is not a spouse or common-law partner and is less than 22 years of age. 3 (1) Subparagraphs 132(1)(b)(ii) and (iii) of the Regulations are replaced by the following: (ii) if the foreign national is a dependent child of the sponsor or of the sponsor’s spouse, common-law partner or conjugal partner, or is a person referred to in paragraph 117(1)(g), and is less than 22 years of age on the day on which he or she becomes … years of age and is the sponsor’s spouse, common-law partner or conjugal partner, the sponsor, the co-signer, if any, and the person must, before the sponsorship application is approved, enter into a written agreement that includes 4 Subparagraph 295(1)(a)(ii) of the Regulations is replaced by the following: (ii) in respect of a principal applicant who is a foreign national referred to in any of paragraphs 117(1)(b), (f), (g) or (h), is less than 22 years of age and is not a spouse or common-law partner, $75, Transitional Provisions 5 (1) The definition dependent child in section 2 of the Immigration … unintentionally limits its scope to dependent children of adult immigrant applicants, as opposed to including child principal applicants who are sponsored by their Canadian citizen or permanent resident parents. Finally, the changes correct an error made in the French definition of “dependent child.” Description This amendment changes the definition of dependent child in the Regulations from “less than 19 years of age” to “less than 22 years of age,” thereby increasing the maximum age of dependent children. Related amendments are made to other sections of the Regulations, specifically those concerning fees, sponsorship duration, and residency obligations, to ensure consistency with the intention of those provisions, in line with the new definition of dependent child. This amendment corrects a reference from “dependant child” to “dependent child” in the French definition. The amendment also contains two transitional provisions. The first enables dependent children whose applications are pending as of the coming into force of these Regulations, who filed their applications before August 1, 2014, who and are themselves principal applicants, to benefit from the broader definition which … secondary students — who complete a degree at a median age of 24.8 years of age (see footnote 7) — to be eligible as dependent children through much of their undergraduate studies. These young adults would be unlikely to be eligible for permanent resident status as principal applicants under an economic immigration program, until they have completed post-secondary education and gained significant work experience. Implementation, enforcement and service standards These Regulations will come into force on October 24, 2017. IRCC will make the necessary changes to application processing systems, and …

Review method

Two separate automated exact-claim source reviews

Other Canada changes operative in 2017

• 2017-01-01Randomized Intake and Selection System for the Parents and Grandparents Program (PGP)
• 2017-03-10Establishment of Formal Regulatory Application Process for Ministerial Relief (SOR/2017-38)
• 2017-04-13Repeal of Conditional Permanent Residence for Sponsored Spouses and Partners (SOR/2017-56)
• 2017-05-01Expansion of Electronic Travel Authorization (eTA) to Select Low-Risk Nationals of Brazil, Bulgaria, and Romania (SOR/2017-53)
• 2017-05-05Formal Regulatory Repeal of the Live-in Caregiver Program (LCP) and Enactment of Transitional Provisions (SOR/2017-78)
• 2017-05-05Regulatory Framework for Automated Information-Sharing with Five Country Conference Partners (SOR/2017-79)
• 2017-06-06Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2017-1
• 2017-09-06Regulations Amending the Citizenship Regulations, No. 2
• 2017-12-01Full Visa Exemption for Citizens of Bulgaria and Romania (SOR/2017-246)