In August 1, 2014, the statutory definition of "dependent child" in the Immigration and Refugee Protection Regulations (the Regulations) was amended from "less than 22" to "less than 19", reducing the number of family members eligible to apply to immigrate to Canada. The definition of "dependent child" in the Regulations is used to determine whether a child may be eligible to immigrate as a family member of a citizenship applicant. The rationale advanced by the federal Conservative Government at the time was that older immigrants have a more challenging time integrating into the Canadian labour market. This amendment was intended to enhance the economic integration of immigrant dependent children.

On October 28, 2016, the Government of Canada published a proposed change to the "dependent child" definition that would change the maximum age from 19 back to 22. This is in keeping with the current Government's commitment to family reunification. The Gazette, which records the proceedings of the federal Government, provides the following rationale for this change:

When families are able to remain together as an economic household unit, their integration into Canada and their ability to work and contribute to their communities all improve. The proposed increase of the maximum age of dependent children is consistent with the underlying socio-economic trend that children remain at home longer with their parents, particularly those studying for lengthier periods.1

If approved, these Regulations are anticipated to come into force in fall of 2017. The new Regulations recognize that the age limit of 19 is too restrictive, as it is not unusual for children to remain with their nuclear family while pursuing higher education.

In the interim, as per the current regulations, some individuals are caught in the dilemma of whether to apply for and/or finalize their permanent residency and face not having their children over the age of 19 included in their permanent residency application. If a family with children of ages 20 and 21 chooses to proceed now, the family may still sponsor their dependent children under a Family Class application where they themselves:

  • become a permanent resident;
  • are living in Canada (you cannot sponsor someone if you are a permanent resident living outside Canada); and
  • are able to prove that they have enough income to provide basic needs for their dependent children.

Footnote

1  http://gazette.gc.ca/rp-pr/p1/2016/2016-10-29/html/reg2-eng.php

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