On May 10, 2013, the Government of Canada introduced a
Regulatory Impact Analysis Statement regarding the definition of
Dependent Child for immigration purposes.
Several proposed regulatory amendments were announced by Jason
Kenney, Minister of Citizenship, Immigration and Multiculturalism,
as part of a press release regarding the Action Plan for Faster
Family Reunification. These amendments to the Immigration and
Refugee Protection Act ("IRPA") are expected to come
into effect on January 1, 2014.
These amendments follow recently announced reforms to the
Federal Skilled Worker Program and the Canadian Experience Class as
paths toward Permanent Residency in Canada. Collectively, the
amendments are said to be enacted with the goal of attracting
immigrants who have skills and experience that will contribute to
Canada's economic growth.
The Government of Canada has set the following as objectives of
its immigration system:
to fuel economic prosperity within Canada by selecting
immigrants who possess the skills and experience best able to
support a strong and growing economy;
to ensure that Canada's immigration priorities are focused
on addressing economic and labour force needs;
to transition to a more efficient economic immigration system
thereby decreasing application backlogs and lengthy wait times;
to maximize the economic benefits of immigration through
improvements to the fiscal sustainability of the immigration
Among other initiatives, these objectives are said to be
achievable through the following proposed regulatory amendment
regarding the maximum age of dependents:
Currently, the Immigration and Refugee Protection
Regulations ("IRPR") provide that children may be in
a situation of dependency upon their parent(s) until the age of 22
or until they become a spouse or common-law partner, whichever
comes first. Children older than 22 years of age may also be
considered dependent if they have relied upon their parent(s) for
financial support to attend school on a continuous and full-time
basis since before reaching the age of 22.
Under the proposed regulatory amendments, only children 18 years
of age and under may enter Canada as dependents of a principal
applicant. This change has universal application to all immigration
programs and reflects the standard age of majority in Canada.
Persons over the age of 18, whether entering Canada with their
parent(s) or not, will be required to make an independent
application to visit, work, study, or immigrate to Canada. The
exception to this amendment remains as it currently stands, and
relates to children who are dependent upon the financial support of
their parents due to a mental or physical disability.
The primary objective of the proposed amendment is to admit
younger dependent children, as they are thought more likely to be
successful in integrating into the labour market and they will
spend a longer period of time contributing to the Canadian
In light of the foregoing, we encourage our clients to
proactively consider the family complements of those employees who
are Temporary Foreign Workers and who might be seeking permanent
residency status in Canada.
September 21st, 2016 - Immigration authorities conducted the 20th round of invitations under Express Entry in 2016 and 43rd overall, inviting 1288 applicants for permanent residence with a lowest CRS score of 483.
Canada received more than 320,000 immigrants in the last 12 months, approaching levels not seen since the early 20th century. The per capital immigration rate at .88%, is consistent with previous Liberal government policies.
October 12th, 2016 - Immigration authorities conducted the 21st round of invitations under Express Entry in 2016 and 44th overall, inviting 1518 applicants for permanent residence with a lowest CRS score of 484.
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