Website design By BotEap.comTake a look at this case

Website design By BotEap.comA skilled worker has applied for a work visa in Canada. She has two children, one is 21 years old and the other is 22 years old. She wants to put them on the application as her dependent children. Technically, children under the age of 22 are considered dependents. However, since the application takes over a year to process, her children will be over 22 by the time the application is approved. At that time, your children must have finished their studies and are defined as independent. The question is, will the children be eligible to immigrate as dependents?

Website design By BotEap.comThe answer

Website design By BotEap.comThe answer is yes, but your processes still depend on the definition of “dependent”. Before defining that, it is important to review the case based on the following context.

Website design By BotEap.comMany overseas workers apply for jobs in Canada as skilled workers. A skilled worker has years of experience and education in a particular field, so they build specific skills just for the field. These types of immigrants are favored in Canada and other Western countries. Applicants in the skilled worker category may include their spouse and dependent children on their applications. When approved, the spouse and children can also immigrate to Canada.

Website design By BotEap.comFor skilled worker applications, dependent children are legally defined as those who are 22 years of age or younger. However, there is an exception to this definition. Children over the age of 22 are still considered dependent if they are substantially dependent on remittances from their parents even before reaching that age. Likewise, those who are taking continuation courses until reaching that age are considered dependents.

Website design By BotEap.comOn the other hand, an important factor to consider regarding this definition does not lie in the legal norms but in the status of the application. Sometimes dependent information is “locked” or “frozen.” In other words, a child’s age and economic dependency can be calculated or taken into consideration in three different situations: from the date of application, from some other dates, or from the immigration officer’s bidding, according to the case.

Website design By BotEap.comAge block date

Website design By BotEap.comUnder this condition, Canadian immigration officials (Citizen and Immigration Canada or CIC) have internal policies regarding the age of children. They identify the blackout date on the date of the skilled worker’s request. The blackout date is defined by the following adaptations of the CIC policy manual:

Website design By BotEap.comThe lock date serves as a reference point to freeze certain factors until the time applications are processed. Such definition is not under any law or regulation. However, it is not against any of those laws that an applicant must follow.

Website design By BotEap.comFor refugees or those belonging to the economy class, the age lock occurs when a visa officer has accepted the submission of an application. This policy does not conflict with case law, which normally takes precedence over CIC’s policies in the event of conflicts.

Website design By BotEap.comIn this case, the minor child in the example qualifies as a dependent. In addition, he still qualifies as a dependent even after a year and a half because he is under 22 at the time of the age block.

Website design By BotEap.comBlock date for financial dependency

Website design By BotEap.comIn contrast, the blocking date for the financial agency is the date a decision is made on the application. This means that the eldest child is not considered a dependent on the day an immigration officer decides on an application. After a year and a half, he no longer considered himself financially dependent. This is in accordance with the old Canadian immigration policy.

Website design By BotEap.comThis policy is already modified. In 2005, the Hamid (a federal court in Canada) declared that, absent any legal requirement to the contrary, the cut-off date for financial dependency for children of a skilled worker is the date of application. This rule is still followed today.

Website design By BotEap.comThe Hamid tribunal logically reasons that the definition of age lock should also be the same as the definition of financial dependency lock. Furthermore, there are insufficient reasons to hold applicants responsible for the delay in the application process. Since this is out of their control, today it is favored to give them more opportunities for their dependent children to immigrate with them.