Dependent Children

Navigating the complexities of Canadian immigration can be a daunting task, especially when it involves bringing your entire family to Canada. As a Regulated Canadian Immigration Consultant (RCIC), one of the most crucial aspects we address with our clients is the definition and inclusion of "Dependent Children" in their immigration applications. This concept is fundamental to family reunification, allowing parents to include their children in various immigration programs, ensuring that families can build a new life together in Canada.

At its core, a dependent child in the Canadian immigration context refers to a biological or adopted child who meets specific age and marital status criteria, allowing them to be included in a parent's application for temporary or permanent residence. This classification is vital because it determines who can accompany a principal applicant to Canada or be sponsored to join them later. Without a clear understanding of these rules, families risk delays, rejections, or even being separated.

The Government of Canada, through Immigration, Refugees and Citizenship Canada (IRCC), places a high value on family reunification. The "dependent child" definition is meticulously crafted to reflect this commitment while also ensuring the integrity of the immigration system. It applies across a broad spectrum of immigration pathways, including:

• Family Sponsorship: Canadian citizens and permanent residents can sponsor their dependent children to come to Canada.
• Economic Immigration Programs: Programs like Express Entry (Federal Skilled Worker Program, Canadian Experience Class, Federal Skilled Trades Program) allow principal applicants to include their dependent children in their application for permanent residence.
• Temporary Resident Applications: Dependent children can often accompany parents applying for study permits, work permits, or visitor visas, provided they meet the specific requirements of those programs.

The definition has evolved over time, primarily regarding the age limit, to better reflect modern family structures and international standards. Understanding the current criteria is paramount for any applicant planning to move to Canada with their children. Our role as RCICs is to demystify these regulations, helping families ensure every member is accounted for and eligible, paving the way for a smooth transition to their new life in Canada.

The eligibility criteria for dependent children are precise and must be met at the time IRCC receives a complete application. It's crucial to understand these requirements to avoid common pitfalls that can lead to application delays or refusal.

Here are the detailed bullet points outlining who qualifies as a dependent child:

• Age Limit:
  • The child must be under 22 years old on the day IRCC receives the complete application.
  • They must also not be married or in a common-law relationship at that time.
• Exceptions for Children Aged 22 or Older:
  • A child who is 22 years old or older can still be considered a dependent child if, at the time IRCC receives the complete application:
    • They have depended on their parents for financial support since before the age of 22; AND
    • They are unable to financially support themselves due to a physical or mental condition.
  • This exception requires robust medical documentation and proof of ongoing financial dependency.
• Relationship to the Principal Applicant/Sponsor:
  • The child must be the biological child of the principal applicant or sponsor, or the adopted child of the principal applicant or sponsor.
  • In cases of divorce or separation, the principal applicant must have legal custody or sufficient proof of parental relationship and permission to immigrate with the child, especially if the other parent is not accompanying.
• "Lock-in Date" Rule:
  • The child's age is "locked in" on the date IRCC receives the complete application. This means if a child is under 22 at the time of application submission but turns 22 during processing, they generally remain eligible, provided they met the criteria at the lock-in date. This is a critical point for many families.
• Medical Admissibility:
  • All dependent children must undergo a medical examination by an IRCC-approved panel physician. They must be found medically admissible to Canada.
• Criminal Admissibility:
  • While less common for young children, any dependent child aged 18 or older may be required to obtain police certificates from countries where they have lived for six months or more since turning 18. They must be found criminally admissible to Canada.
• No Previous Exclusion Orders:
  • The dependent child must not have any previous exclusion orders, deportation orders, or have been found inadmissible to Canada for other reasons.
• Consent for Minors:
  • For dependent children under 18 years of age travelling without both parents, a consent letter from the non-accompanying parent(s) or legal guardian(s) is typically required, along with copies of their identification. This is crucial for safeguarding children and preventing international child abduction.
• Proof of Relationship:
  • Comprehensive documentation is required to prove the relationship, such as:
    • Birth certificates showing the names of both parents.
    • Adoption orders (if applicable).
    • Custody agreements (if applicable).
    • Marriage certificates of parents (if applicable).
    • Photos, family records, and other supporting evidence may be requested.

Important Note on Dependency: A child ceases to be dependent if they get married or enter a common-law relationship, even if they are under 22 and otherwise meet the age criteria. This change in marital status immediately makes them ineligible as a dependent child.

Understanding these detailed requirements is the first step towards a successful application. As RCICs, we meticulously review each client's family situation to ensure all dependent children meet these stringent criteria and that all necessary documentation is prepared accurately.

The process of including dependent children in an immigration application is integrated into the principal applicant's overall journey. While the exact steps can vary slightly depending on the immigration program (e.g., Express Entry, Family Sponsorship, Study/Work Permit), the general framework remains consistent. Here’s a numbered breakdown of the typical steps:

1. Determine Eligibility of Principal Applicant & Dependent Child(ren):

   • Before starting any application, the principal applicant must first determine their own eligibility for the chosen immigration program.
   • Simultaneously, thoroughly assess each child's eligibility against the "Dependent Children" criteria (age, marital status, financial dependency for over 22, relationship).
   • RCIC assistance: We conduct a comprehensive eligibility assessment for the entire family.

2. Gather Required Documents:

   • This is a critical and often time-consuming step. For dependent children, you will typically need:
     • Proof of identity: Valid passport(s) for each child.
     • Proof of relationship: Original birth certificates showing parentage, adoption orders (if applicable), marriage certificates of parents.
     • Photographs: Passport-style photos meeting IRCC specifications.
     • Consent forms: If a child is travelling with only one parent, or with a guardian, consent letters from the non-accompanying parent(s) are mandatory.
     • Medical documentation: Any relevant medical history or reports, especially for children aged 22 or older claiming dependency due to a physical or mental condition.
     • Police certificates: For dependent children aged 18 or older, from any country they have lived in for 6 months or more since turning 18.
     • Custody documents: If parents are separated or divorced, proof of legal custody and permission to immigrate.
   • RCIC assistance: We provide detailed document checklists tailored to your specific situation and help you correctly obtain and prepare all required documents.

3. Complete All Application Forms:

   • The principal applicant completes the main application forms for their chosen program (e.g., IMM 0008, Schedule A, provincial nomination forms).
   • Information for all dependent children must be accurately included in these forms. Each dependent child will also require their own specific forms, such as a Schedule A – Background/Declaration (IMM 5669) if they are 18 or older, and often a Dependent Children Information form (IMM 0008DEP).
   • RCIC assistance: We ensure all forms are completed accurately, consistently, and without omissions, reducing the risk of processing delays.

4. Pay Government Fees:

   • The applicable processing fees for the principal applicant and each accompanying dependent child must be paid. This usually includes a processing fee per child. If the principal applicant is applying for permanent residence, the Right of Permanent Residence Fee (RPRF) may also apply to accompanying adult dependents (though typically not to minor children).
   • Biometrics fees for each applicant (including children, if required) are also paid at this stage.

5. Submit the Application:

   • The complete application package, including all forms, documents, and fee receipts, is submitted to IRCC, usually online through the IRCC secure portal.
   • RCIC assistance: We review the entire package for completeness and accuracy before submission, and manage the submission process on your behalf.

6. Biometrics Collection (If Required):

   • After submitting the application, IRCC will send a Biometrics Instruction Letter (BIL). All applicants, including most dependent children, will need to provide their fingerprints and a photo at an official Service Canada location or a Visa Application Centre (VAC).
   • Note: Children under a certain age (currently under 14) are often exempt from biometrics, but this can change, so always check the specific instructions.

7. Medical Examination:

   • IRCC will issue instructions for a medical examination. All dependent children must undergo a medical exam by an IRCC-approved panel physician. The results are sent directly to IRCC by the physician.

8. Respond to Requests for Additional Information:

   • During processing, IRCC may request additional documents, information, or clarification. It's crucial to respond promptly and accurately to these requests.
   • RCIC assistance: We monitor your application status and manage all correspondence with IRCC.

9. Receive a Decision:

   • If the application is approved, dependent children will receive confirmation of their status (e.g., Confirmation of Permanent Residence - COPR, study permit, work permit, visa).
   • If refused, IRCC will provide reasons for the refusal.

10. Landing in Canada (for Permanent Residence):

    • Upon approval for permanent residence, the family can travel to Canada. At the port of entry, an immigration officer will finalize their permanent resident status and issue the COPR.

Throughout this entire process, meticulous attention to detail and adherence to IRCC guidelines are paramount. Any misstep can lead to significant delays or even refusal.

Understanding the timelines and financial commitments involved is crucial for planning your family's immigration journey to Canada. Both processing times and costs can vary significantly depending on several factors.

Processing Times

Processing times for dependent children are inherently linked to the principal applicant's application. They are not processed in isolation.

• Program-Specific:
  • Express Entry (Permanent Residence): Applications for permanent residence through Express Entry programs (Federal Skilled Worker, Canadian Experience Class, Federal Skilled Trades) typically aim for a processing standard of 6 months or less for 80% of complete applications. This includes all accompanying family members, including dependent children.
  • Family Sponsorship (Spouse, Partner, Dependent Child): The processing standard for sponsoring dependent children from outside Canada is currently around 12 months. This can fluctuate based on the specific visa office and volume of applications.
  • Temporary Resident Applications (Study/Work Permits): Processing times for study or work permits for principal applicants, which would include accompanying dependent children, vary widely by country of applicant and the type of permit. These can range from a few weeks to several months.
• Factors Affecting Processing Times:
  • Completeness of Application: Incomplete applications are returned or delayed.
  • Volume of Applications: High application volumes can extend processing times.
  • Country of Origin: Visa offices in different regions may have varying backlogs.
  • Complexity of Case: Unique situations, such as medical inadmissibility concerns or complex custody issues, can prolong processing.
  • Responsiveness to IRCC Requests: Delays in providing requested documents or information will extend processing.

Where to Find Current Times: The most accurate and up-to-date processing times are always available on the official IRCC website. We strongly advise clients to check these regularly, as they are subject to change.

Costs

The financial costs associated with including dependent children in a Canadian immigration application primarily consist of government fees, third-party fees, and professional fees.

• Government Fees (IRCC):
  • Processing Fee for Dependent Child: For most permanent residence applications (e.g., Express Entry, Family Sponsorship), the processing fee for each dependent child is currently CAD $150.
  • Right of Permanent Residence Fee (RPRF): This fee is not required for dependent children. It is only applicable to principal applicants and their accompanying spouses/common-law partners.
  • Biometrics Fee: A fee of CAD $85 per person, or a maximum family fee of CAD $170 for two or more applicants applying at the same time and place (e.g., parents and children), is required for biometrics.
  • Example for a family of 4 (2 adults, 2 dependent children) for PR:
    • Principal Applicant Processing Fee: CAD $850
    • Spouse/Partner Processing Fee: CAD $850
    • Dependent Child Processing Fee (x2): CAD $150 x 2 = CAD $300
    • RPRF (Principal Applicant): CAD $575
    • RPRF (Spouse/Partner): CAD $575
    • Biometrics (Family Max): CAD $170
    • Total Government Fees (approx.): CAD $3320 (excluding temporary resident fees, which vary)
• Third-Party Fees:
  • Medical Examination Fees: Each dependent child must undergo a medical exam. The cost varies by country and clinic, typically ranging from CAD $150 - $300 per child.
  • Police Certificates: If required for dependent children aged 18+, fees vary by country/issuing authority.
  • Language Testing: Not typically required for dependent children unless they are the principal applicant for a specific program.
  • Document Translation Fees: If documents are not in English or French, certified translations are required, incurring additional costs.
• Professional Fees (RCIC):
  • As an RCIC, our professional fees for assisting with an immigration application are separate from government and third-party fees. These fees vary based on the complexity of the case, the specific immigration program, and the scope of services provided (e.g., full representation, document review, consultation). We provide a clear fee agreement upfront, outlining all costs associated with our services.

It's essential to budget for all these potential costs to ensure a smooth financial planning process for your family's move to Canada.

Q1: What happens if my child turns 22 during the processing of our permanent residence application? Will they still be considered a dependent child?

A1: This is a very common and critical question. Canada uses a "lock-in date" rule for the age of dependent children. Generally, a child's age is locked in on the date IRCC receives a complete application. If your child was under 22 and unmarried/not in a common-law relationship on the day IRCC received your complete application, they will continue to be considered a dependent child even if they turn 22 during the processing period. The only exception to this rule is if the child was 22 or older at the lock-in date but met the criteria of being financially dependent due to a physical or mental condition. It is crucial that the application was complete upon submission for the lock-in date to apply correctly.

Q2: Can I sponsor my adult child who is over 22 years old and doesn't have a disability?

A2: Under current Canadian immigration law, you generally cannot sponsor an adult child who is 22 years old or older unless they meet the specific exception criteria: they must have been dependent on you for financial support since before the age of 22 AND be unable to financially support themselves due to a physical or mental condition. If your adult child is over 22, not financially dependent due to a disability, and not married or in a common-law relationship, they would typically need to qualify for Canadian permanent residence through their own merits under an economic immigration program (e.g., Express Entry) or other available pathways. The "Parents and Grandparents Program" does not include adult children as eligible dependants.

Q3: My child lives in a different country than me. Can I still include them in my application?

A3: Yes, absolutely. Your dependent child does not need to reside with you or even be in the same country as you to be included in your immigration application. What matters is that they meet all the eligibility criteria for a dependent child (age, marital status, relationship, etc.) and are admissible to Canada. You will need to provide all the required documentation for them, including their passport, birth certificate, medical exam results, and potentially police certificates if they are over 18. If they are minors and the other parent is not accompanying, you will also need a robust consent letter from the non-accompanying parent. All supporting documents and information about their current location must be accurately provided in the application.

Q4: What documents are essential to prove my child is a dependent child?

A4: The most essential documents to prove your child is a dependent child include:

1. Birth Certificate: A clear, original, or certified copy showing the names of both parents. This is paramount for proving the biological relationship.
2. Valid Passport: For each child, showing their date of birth and nationality.
3. Photos: Recent passport-style photographs meeting IRCC specifications.
4. Proof of Marital Status: If applicable, a declaration that they are not married or in a common-law relationship (especially for older dependents).
5. Adoption Order: If the child is adopted, the official adoption decree.
6. Custody Documents: If parents are separated/divorced, legal custody agreements and a letter of consent from the non-accompanying parent (if applicable) are crucial.
7. Medical Examination Results: Completed by an IRCC-approved panel physician.
8. Police Certificates: If the dependent child is 18 or older, from any country they have resided in for 6 months or more since turning 18.
9. Proof of Financial Dependency & Medical Condition: For children aged 22 or older, comprehensive medical reports from doctors and financial records demonstrating ongoing dependency due to a physical or mental condition.

Ensuring all these documents are accurate, complete, and properly translated (if not in English or French) is vital for a smooth application process. As RCICs, we guide our clients through gathering and preparing this comprehensive documentation.